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Subdivision 1.Sexual penetration; crime defined.
A person is guilty of criminal sexual conduct in the fifth degree if the person engages in nonconsensual sexual penetration.
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Subd. 1a.Sexual contact; child present; crime defined.
A person is guilty of criminal sexual conduct in the fifth degree if:
(1) the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.
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Subd. 2.Gross misdemeanor.
A person convicted under subdivision 1a may be sentenced to imprisonment for not more than 364 days or to a payment of a fine of not more than $3,000, or both.
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Subd. 3.Felony.
(a) A person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $10,000, or both, if the person violates subdivision 1.
(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both, if the person violates subdivision 1 or 1a within ten years of:
(1) a conviction under subdivision 1;
(2) a previous conviction for violating subdivision 1a, clause (2), a crime described in paragraph (c), or a statute from another state in conformity with any of these offenses; or
(3) the first of two or more previous convictions for violating subdivision 1a, clause (1), or a statute from another state in conformity with this offense.
(c) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to enhance a criminal penalty as provided in paragraph (b).
Notes of Decisions
Cited in
47
cases (
7 in the last 5 years), 1994–2026 · leading case:
State v. Decker, 916 N.W.2d 385 (Minn. 2018).
State v. Decker, 916 N.W.2d 385 (Minn. 2018).
· cites it 30× “Decker was charged with and found guilty by a jury of fifth-degree criminal sexual conduct, under Minn. Stat. § 609.3451 , subd. 1(2) (2016), and indecent exposure, under Minn.”
State v. Koenig, 666 N.W.2d 366 (Minn. 2003).
· cites it 8× “2); and (3) fifth-degree criminal sexual conduct for engaging in sexual activity in the presence of a minor (Minn.Stat. § 609.3451, subd. 1(2) (2002)), a gross misdemeanor for which the penalty is imprisonment for not more than one year and/or payment of a fine of not more than…”
Jane Doe 136 v. Ralph Liebsch, 872 N.W.2d 875 (Minn. 2015).
· cites it 11× “Prior to a second trial, in January 2010, Liebsch pleaded guilty to fifth-degree criminal sexual conduct, Minn. Stat. § 609.3451 , subd. 1 (2014),1 and the State dismissed the felony criminal sexual conduct charges.”
Dereje v. State, 837 N.W.2d 714 (Minn. 2013).
· cites it 6× “Respondent Tsige Abebaw Dereje was convicted of criminal sexual conduct in the fifth degree, Minn.Stat. § 609.3451, subd. 1(1) (2012), stemming from an incident in which he groped the victim, S.”
Denault v. State, 2017 ND 167 (N.D. 2017).
· cites it 3× “differences exist between the relevant Minnesota and North Dakota statutes, the State asserts the statutes need not be identical and Minn. Stat. Ann. § 609.3451 is an equivalent offense to N.”
State v. Austin, 788 N.W.2d 788 (Minn. Ct. App. 2010).
· cites it 4× “2002) (holding that language “knowing or having reason to know” in Minn.Stat. § 609.3451, subd. 1(2) (2000) reveals legislature’s desire to define crime as specific intent crime), aff'd on other grounds, 656 N.”
State v. Stevenson, 656 N.W.2d 235 (Minn. 2003).
· cites it 2× “Minn.Stat. § 609.3451, subd. 1 (2000). The parties dispute the meaning of the phrase “in the presence of a minor.”
State v. Pride, 528 N.W.2d 862 (Minn. 1995).
· cites it 4× “[2] Although the state requested that the trial court sentence Pride to 60 days in the workhouse, the court sentenced him to 100 days in the workhouse, 55 of which were stayed for two years pending his compliance with the probation department's treatment recommendation,…”
State v. Stevenson, 637 N.W.2d 857 (Minn. Ct. App. 2002).
· cites it 6× “FACTS Appellant Kerry Dean Stevenson was convicted of one count of attempted criminal sexual conduct in the fifth degree in violation of Minn.Stat. § 609.3451, subds. 1(2) and 3 (2000), and one count of inde-' cent exposure in violation of Minn.”
Tua Mene Lebie Bakor v. William P. Barr, 958 F.3d 732 (8th Cir. 2020).
· cites it 2× “Minn. Stat. § 609.3451 , subdiv. 1. As a result of this conviction, Bakor was obliged to comply with Minnesota’s sex offender registration law.”
State v. Bryan, 130 P.3d 85 (Kan. 2006).
“” Minn. Stat. § 609.3451 (2000); Stevenson, 656 N.”
State v. Oanes, 543 N.W.2d 658 (Minn. Ct. App. 1996).
· cites it 4× “3 (1994) (using other sections of chapter 609 to define "force" for purposes of the prostitution statutes); see also Minn.Stat. § 609.3451, subd. 1 (explicitly deviating from the definition of sexual contact (generally, the touching of another's intimate parts) provided by Minn.”
— Minn. Stat. § 609.3451(1)(1) — 1 case
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