Legal Question in Criminal Law in Minnesota

probation and marriage

My boyfriend, years ago was charged with sexual misconduct. He has sex with the babysitter who was 16. He served his time and is still on probation. He's turned his life around and we are planning to marry. I am a mom of 2 children, 17 & 5. My question is, will he be breaking his probation if we marry?

Thank you!


Asked on 8/04/08, 4:38 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: probation and marriage

If he is on probation, or supervised release after prison, the conditions of his out-of-custody status are set either by the court, or by the corrections dept. (Your question is too vague to determine which.) Either way, whether he would be violating a condition would of course depend upon what conditions have been set by the court or by corrections. Check with them, as to what the conditions are. They may be unique in each case.

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Answered on 8/05/08, 12:19 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: probation and marriage

First, it is unlikely that the babysitter was 16 years old when the conduct occurred since, in most instances, the age of consent is 16. Accordingly, the babysitter would have had to be under the age of 16.

Second, it depends on what degree the offense the person was convicted of committing and the particular conditions of probation imposed. In most instances, there would be a restriction on that individuals contact with minor children under a certain age and of a certain gender and, certainly, that probation could be violated if the defe`ddnat were to be around your children, whether married or not, unsupervised.

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Answered on 8/04/08, 5:13 pm


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