Child Sexual Abuse Laws in Minnesota

Sexual abuse of a child is charged under the same criminal sexual conduct statutes, which have separate subdivisions for victims under 18. Sexual penetration of a child under 14 by someone more than 36 months older, or of a 14- or 15-year-old by someone more than 36 months older in a position of authority, or of a child under 16 by someone with a significant relationship to the child, is first degree CSC (up to 30 years and/or $40,000); consent and mistake of age are not defenses for victims under 14. The same conduct involving sexual contact rather than penetration is second degree CSC (up to 25 years and/or $35,000). Third and fourth degree CSC cover penetration or contact with 14- and 15-year-olds by someone more than 24 or 36 months older and similar situations (up to 15 and 10 years respectively).

Minnesota's rule on court-appointed lawyers: A person asks the court to appoint counsel; the court decides financial eligibility. A defendant is financially unable to obtain counsel if the defendant (or a dependent in the same household) receives means-tested assistance, or if the court finds the defendant's liquid assets and current income are insufficient to pay the reasonable costs of private counsel in that judicial district. The applicant must submit a financial statement under oath on forms supplied by the state public defender; refusing to do so waives the right to a public defender. Upon disposition of the case, a person who received public defender services shall pay the court a $75 co-payment, which the court may reduce or waive; it is a civil obligation. Minn. Stat. § 611.17

Lawyers set their own fees, and Minnesota has rules on how they may charge. See hiring a criminal defense lawyer in Minnesota for fee rules, how to check a lawyer's license and free help.

How release before trial works in Minnesota: The Minnesota Constitution provides that all persons before conviction 'shall be bailable by sufficient sureties,' except for capital offenses when the proof is evident or the presumption great (art. I, § 7). Under the Rules of Criminal Procedure, the court must release a defendant on personal recognizance or an unsecured appearance bond unless release would endanger public safety or not reasonably assure appearance; and the court must set money bail without other conditions on which the defendant may be released by posting cash or sureties (Rule 6.02, subd. 1). Factors include the nature of the offense, weight of the evidence, family ties, employment, financial resources, convictions, prior court appearances, and safety of the victim and community (subd. 2). The court must review conditions of release on request of any party (subd. 4). For warrantless misdemeanor arrests, officers generally must issue a citation and release the person (Rule 6.01). Minn. Const. art. I, § 7; Minn. R. Crim. P. 6.01, 6.02 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Minnesota expungement and record sealing rules.