Highly Recognized Sex Crime Lawyers in Minneapolis, Minnesota

Criminal Sexual Conduct Defense

It is important to remember that sex crimes are not assault. When a sex crime is involved, you should hire a Minneapolis Sex Crimes Defense Lawyer rather than an Assault Lawyers In Minneapolis.

Essentially, CSC is an unconsented sexual act. “Consent” is a voluntary, affirmative act. Depending on the facts of the case, Hennepin County prosecutors can bring one of the following charges:

• Fifth Degree CSC is lewd conduct with no sexual penetration,
• Fourth Degree CSC is a sex act which involves an underage or other vulnerable victim,
• Third Degree CSC is sexual penetration with some aggravating facts,
• Second Degree CSC is extreme sexual violence which does not involve penetration, and
• First Degree CSC is the most serious charge.

Incidentally, with regard to statutory rape, Minnesota does not have a “Romeo and Juliet” exception. If two 15-year-olds have consensual sex, they could both be prosecuted for CSC.

Consent, or lack thereof, is the central issue in many of these cases. Physical evidence establishes violence, but only circumstantial evidence establishes lack of consent. And, this evidence is vulnerable. For example, consent to prior acts does not establish consent to the charged offense, but it might be enough to create reasonable doubt.

Uncertain identification is another common defense. Frequently, the area was dark and the alleged victim only caught a glimpse of the assailant.

Possession of Pornography

Experience has taught our Minneapolis Sex Crimes Defense Lawyers that Child pornography is the most common kind of illegal pornography. The image at issue could be a random internet photograph or something from an underground publication.

All possession cases, such as drug and pornography possession matters, usually involve search and seizure issues. These acts are illegal unless officers had a valid search warrant or a narrow search warrant exception applied.

Valid warrants are specific as to time, place, and items to be seized. Valid warrants also require solid affidavits. Common warrant exceptions include consent searches and plain view seizures.

Online Sex Crimes Defense

Most internet sex crimes are a combination of CSC offenses and pornography infractions. It is not against the law to talk to an underage person or even arrange a meeting. However, it is unlawful to take additional steps toward meeting. Our Minneapolis Sex Crimes Defense Lawyers know that Minnesota courts define this part of the offense very broadly. It could even include leaving the house to meet the person.

In terms of pornography, possession is not the only possible problem. It is also illegal to ask an underage person for an explicit photograph. Such conduct constitutes the production of illegal pornography.

The entrapment defense sometimes applies in these cases. Police officers can pose as underage girls and perhaps even lie about their identities. But, they cannot entice people to commit crimes.

Sex Offender Registration

All sex offenders, including misdemeanor indecent exposure offenders, must register for a minimum of ten years. In Minnesota, there are three different levels of sex offender registration.

Level I low-risk offenders must register, but only law enforcement officers and a few other individuals can access the information. The information for Level II medium-risk offenders is publicly available. At-risk organizations, such as nearby daycares, receive a special notification. Level III high-risk public information release usually involves a town hall meeting or another very public forum.

Minneapolis Sex Crimes Defense Attorneys have two chances to reduce an offender’s risk level. A review board makes an initial determination, and a judge can reduce the risk level at a subsequent modification hearing.