Legal Question in Criminal Law in Minnesota

im 19 and my girlfriend is 15

first let me say that im 19 from another state and my girlfriend is 15 from minnesota. i came to visit her aug. 19th. we had gone around spending time together and we had had sex together. about 4 days ago me and my girlfriend were out late at night when we were stopped and questioned by a police officer who eventually had her parents take her home and i returned to my hotel. the next day police came to my room where they questioned me. i toldd them the truth of what has been going on. they took me to jail. they let me out on bail. i am now being charged with criminal sex conduct 3rd degree with a penalty of 15 years and/or a $30,000 fine. i want to know what i can expect friday in court. my girlfriends parents are on my side and are trying to get my charges reduced. its the state of minnesoa vs me


Asked on 8/27/07, 6:39 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: im 19 and my girlfriend is 15

Unfortunately, consent is "not a defense" according to Minnesota Statute section 609.344, subd 1(b), though an "affirmative defense" is the belief that she was 16 years of age. If you were convicted under that statute section and subsection, if you have no criminal history at all, the sentencing guidelines would provide for presumptive probation which could include up to one year in the workhouse (county jail), sex offender treatment programming, and registration as a sex offender ("predatory offender"). The registration requirement alone is reason enough to take it to trial, to try to beat it.

I have a similar case now in federal court, where it can be charged with a ten year mandatory minimum in federal prison. It would be best to avoid being charged in federal court.

Obviously, this is an extremely serious matter. You should get a good criminal defense lawyer, like me, involved and helping you, as soon as possible. See my website and call me: www.libertydefenderlaw.com

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Answered on 8/28/07, 1:02 pm


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