Are All Sex Crimes Felonies in Minneapolis, Minnesota?
When facing a sex crime accusation, one of the most pressing questions is: Are All Sex Crimes Felonies in Minnesota?
No, not all sex crimes in Minnesota are felonies. Some lesser offenses, such as 5th-degree criminal sexual conduct or indecent exposure, may be charged as gross misdemeanors or misdemeanors.
With decades of criminal defense experience in Minnesota, we’ve helped clients fight against false allegations, avoid registration, and reduce life-changing penalties. Below, we break down the classifications, consequences, and long-term impact of both felony and misdemeanor sex crimes.
What Happens If You’re Accused of a Sex Crime in Minnesota?
If you’re accused of a sex crime in Minnesota, you may be arrested, charged, and face restrictions such as no-contact orders and mandatory registration—even before trial.
Law enforcement may issue a warrant, seize your electronic devices, or prohibit contact with the alleged victim. In some cases, you may be required to move, stop using social media, or comply with a GPS monitor. Even before a court conviction, accusations can cause job loss, community backlash, and permanent reputation damage. You should contact a defense attorney immediately and decline to speak to investigators until properly advised.
What Is Considered a Sex Crime in Minnesota?
A sex crime in Minnesota is any unlawful act involving sexual conduct, contact, or behavior prohibited by law.
Common charges include:
- Criminal Sexual Conduct (Degrees 1–5)
- Indecent Exposure
- Possession or distribution of child pornography
- Solicitation of a minor
- Use of electronics to commit sexual exploitation
Full definitions are outlined under Minn. Stat. §§ 609.341–609.3451.
What Legally Counts as Sexual Conduct in Minnesota?
Under Minnesota law, sexual conduct includes any contact or penetration involving intimate body parts without consent or when prohibited by law.
Minn. Stat. § 609.341 defines “sexual contact” as intentional touching of intimate parts (directly or through clothing), and “sexual penetration” includes any intrusion into the genital or anal openings, however slight. Legal definitions are used to determine charge degree, sentencing, and whether registration is required.
What Role Does Law Enforcement Play in Sex Crime Cases?
Law enforcement investigates sex crime allegations, monitors offenders, enforces registry compliance, and notifies communities of high-risk individuals.
Once a report is made, police or sheriff’s departments conduct interviews, gather evidence, and may arrest the accused. If the case leads to conviction and registration, law enforcement ensures the offender updates their information, complies with restrictions, and may issue community notifications for Level 3 offenders. They also coordinate with state and federal databases like the Predatory Offender Registry and National Sex Offender Public Website (NSOPW).
What Is the Investigative Process for Sex Crime Allegations?
The investigative process begins with a report to police or child protection, followed by interviews, forensic evidence collection, and review by prosecutors.
Sex crime investigations in Minnesota may involve a specialized unit or trained investigator. If the case involves a minor, child protection may initiate a parallel investigation. Medical exams, electronic data, and witness statements are often used. After evidence is gathered, prosecutors determine whether to file charges. The accused may be arrested during or after this phase.
Misdemeanor vs. Felony Sex Crimes in Minnesota
The main difference between misdemeanor and felony sex crimes in Minnesota is the severity of the offense and the penalties. Felony sex crimes involve force, minors, or repeat offenses and carry prison time over one year. Misdemeanors are less severe, like indecent exposure, and typically involve shorter jail time or fines.
| Crime Type | Classification | Max Penalty |
|---|---|---|
| 5th Degree Criminal Sexual Conduct (Non-Contact) | Gross Misdemeanor | 1 year jail / $3,000 fine |
| Indecent Exposure (Repeat Offense) | Misdemeanor/Felony | Varies / Up to 5 years |
| 4th Degree Criminal Sexual Conduct | Felony | 10 years prison / $20,000 fine |
| 3rd Degree Criminal Sexual Conduct | Felony | 15 years prison / $30,000 fine |
| 2nd Degree Criminal Sexual Conduct | Felony | 25 years prison / $35,000 fine |
| 1st Degree Criminal Sexual Conduct | Felony | 30 years prison / $40,000 fine |
A chart comparing felony vs. misdemeanor sex crimes in Minnesota and their penalties.
What Makes a Sex Crime a Felony in Minnesota?
A sex crime becomes a felony in Minnesota when it involves penetration, force, coercion, minors, or repeat offenses.
Offenses like 1st–4th degree criminal sexual conduct are always felonies. 5th-degree offenses can be misdemeanors or felonies based on aggravating factors, such as prior convictions. Felony charges carry longer sentences, registration requirements, and social stigma.
What Is a Misdemeanor Sex Offense?
Misdemeanor sex offenses in Minnesota typically involve non-violent, non-penetrative conduct—such as first-time indecent exposure or some 5th-degree charges.
Even though these may result in probation, they can still require sex offender registration and carry collateral consequences like job loss, housing difficulties, and community notification in some cases.
What Class Misdemeanor Is Sexual Assault in Minnesota?
Minnesota does not classify misdemeanors using letter grades like “Class A” or “Class B.” Instead, offenses are labeled as petty misdemeanors, misdemeanors, or gross misdemeanors.
Some lower-level sex crimes—such as first-time indecent exposure or certain 5th-degree criminal sexual conduct charges—are charged as misdemeanors or gross misdemeanors. These carry maximum penalties of 90 days to 1 year in jail and may still require registration.
Minnesota Sex Offender Levels Explained
Minnesota classifies sex offenders into three levels based on risk of reoffense. Level 1 offenders pose the lowest risk and have limited community notification. Level 2 offenders have a moderate risk, with notice to specific groups. Level 3 offenders pose the highest risk and require broad public notification.
| Offender Level | Risk to Public | Notification Scope |
|---|---|---|
| Level 1 | Low | Law enforcement only |
| Level 2 | Moderate | Law enforcement + schools/daycares |
| Level 3 | High | Full community notification |
What Does Level 5 or Score 5 Mean for Sex Offenders?
Minnesota classifies sex offenders as Level 1, 2, or 3—not Level 5. However, “Score 5” may refer to a risk assessment used in other states or federal systems.
If you’ve heard the term “Level 5” or “Score 5,” it may stem from tools like the Static-99R, which calculates reoffense risk. Minnesota’s BCA and Department of Corrections use actuarial tools, but public notification is based only on Level 1–3 assignments.
Are Sex Crimes Felonies Under Federal Law?
Yes, many sex crimes become federal offenses if they involve children, cross state lines, or use the internet to exploit victims.
These include child pornography, interstate solicitation, and trafficking. Federal charges often carry mandatory minimum sentences and result in lifetime registration under the SORNA guidelines.
Can You Be Charged With a Federal Sex Crime for Online Activity?
Yes, using the internet to exploit, solicit, or traffic minors can result in federal sex crime charges—even if the act wasn’t completed.
Common examples include undercover sting operations, explicit text exchanges with minors, or possession of illicit media. Federal prosecutors aggressively pursue these cases under laws like the PROTECT Act, with penalties ranging from 10 years to life imprisonment.
Are Sex Offenders Felons?
Most registered sex offenders in Minnesota are felons, though some may have misdemeanor convictions that still require registration.
Felony offenses include 1st–4th degree criminal sexual conduct, felony indecent exposure, and child pornography. Even gross misdemeanor 5th-degree offenses can trigger registration for 10 years or more depending on the facts.
How Long Do You Stay on the Sex Offender Registry in Minnesota?
In Minnesota, sex offender registration lasts 10 years to life depending on the severity of the offense and the individual’s risk level.
Level 3 offenders must register for life and face strict notification policies. Those convicted of repeat, violent, or child-involved sex crimes rarely qualify for early removal. Level 1 offenders may be eligible for removal after 10 years without reoffending.
Can a Sex Offense Be Expunged in Minnesota?
Very few sex offenses are eligible for expungement under Minnesota law.
Generally, only cases that were dismissed, acquitted, or resolved through diversion may be sealed. Convictions involving minors, violence, or prison time are almost always ineligible under Minn. Stat. § 609A.
You Deserve a Strong Legal Defense
A sex crime charge is serious—and the consequences are permanent. Whether you’re facing a misdemeanor or felony, the outcome depends on immediate, strategic legal representation.
At Gerald Miller, P.A., we fight to reduce charges, avoid registration, and defend your future. Call 612-341-9080 now for a free, private consultation.
Resources:
- Minnesota Statutes – Sex Offenses §609.341–609.3451
- Minnesota Predatory Offender Registry
- SMART Office – Federal Sex Offender Registration
- US DOJ – Federal Sex Offense Guidelines
