Experienced Criminal Sexual Conduct Lawyer
Ryan Garry is an reputable Minneapolis sex crimes attorney that has the experience necessary to represent your case. Do you need a Minnesota criminal sexual conduct attorney? The intense prosecution of sexual related crimes is staggering in MN as well as the United States District Courts. Today, these cases carry mandatory prison sentences and other collateral consequences that did not exist just a few years ago. The government is stacked with not only multiple prosecutors on each file, but also a range of victim advocates and other court staff lobbying to convince the judge to execute the harshest of penalties. If you are charged with any felony level criminal sexual conduct offense, and are convicted of any crime not even related to the original offense, the law requires that you register as a criminal sexual and predatory offender. You can imagine how such a conviction would ruin your life. It is imperative that you hire a criminal sexual conduct lawyer the moment you believe you are under investigation.
Second degree criminal sexual conduct is sexual contact with another person and some other circumstance like those in first degree criminal sexual conduct. The sentence is up to 25 years in prison and/or up to a $35,000 fine. See here.
Third degree criminal sexual conduct is sexual penetration of another and some other circumstance like those in first degree criminal sexual conduct or others, such as the offender knows the other individual is mentally impaired or physically helpless, the two have a psychotherapist-patient relationship, or the offender was a masseuse to the other. The sentence is up to 15 years in prison and/or up to a $30,000 fine. See here.
Criminal sexual conduct in the fourth degree is sexual contact with another person and some other circumstance like those in third degree criminal sexual conduct. The sentence is up to 10 years in prison and/or up to a $20,000 fine. See here.
Fifth degree criminal sexual conduct is an act of nonconsensual sexual contact or certain acts of the showing of the genitals to an individual under sixteen years of age. This offense carries a sentence of up to 1 year in prison and/or up to a $3,000 fine. The offense, however, may be a felony if this is a second offense of lewd exhibition of the genitals to an individual under sixteen years of age or the same offense in a different state. Such a felony carries a sentence of up to 5 years in prison and/or a $10,000 fine. See here.
Federal sexual abuse is governed by 18 U.S.C. §§ 2241–2248. Each of the statutes relates to a different crime, such as aggravated sexual abuse or abusive sexual contact. 18 U.S.C. § 2242 governs general sexual abuse. If you force another to engage in a sexual act or if you engage in a sexual act when the other either does not know what the act is or cannot withhold consent, you could be sentenced to up to life in prison. See here.
Child Pornography Offenses
Essentially, everything relating to child pornography is illegal. You cannot possess it or disseminate it if you know or should know what it is. Both possession and dissemination are felonies.
Dissemination of child pornography carries a sentence of up to 7 years in prison and/or up to a $10,000 fine. If you have previously been convicted of dissemination of child porn, the subsequent offense carries a sentence of up to 15 years in prison and/or up to a $20,000 fine. If you are a registered predatory offender, you can be sentenced up to 15 years in prison.
Possession of child pornography carries a sentence of up to 5 years in prison and/or up to a $5,000 fine. If you have previously been convicted of possession of child porn, the subsequent offense carries a sentence of up to 10 years in prison and/or up to a $10,000 fine. If you are a registered predatory offender, you can be sentenced up to 10 years. See here.
Similarly, it is a crime to use minors in sexual performance. If you actively get a minor to participate in a pornographic work or help others or allow a minor to do so, you may be sentenced to up to 10 years and/or up to a $20,000 fine. If this is a subsequent offense, the fine increases to up to $40,000. See here.
Permission from the minor or the minor’s parents is not a defense to any of the above offenses.
Federal sexual exploitation of a minor for purposes of creating or transmitting child pornography is governed by 18 U.S.C. § 2251. This statute also governs parents or those having custody or control of the minor who knowingly allow the minor to engage in such child pornography. Those who knowingly help in the creation, such as printing or publishing, of such child pornography is also guilty of this crime. This offense, for a first time sexual offender, carries a sentence of a minimum of 15 years and a maximum of 30 years in prison. If this is a second sexual offense of certain statutes, the mandatory range increases to 25–50 years in prison. If this is a third sexual offense of certain statutes, the mandatory range is 35 years to life in prison. If the death of a person results, the person may be sentenced to 30 years in prison, life in prison, or death. See here.
Perhaps the most aggressive and common sexual crime prosecution is prostitution related offenses, most often in a misdemeanor or gross misdemeanor level. However, this type of crime can also be prosecuted as a serious felony. The various sex trafficking offenses are governed by Minnesota Statutes 609.321, 609.322, 609.324, 609.3242, and 609.3243. There are many, many offenses relating to prostitution. The following are the more common offenses.
Solicitation, inducement, and promotion of prostitution or sex trafficking has two degrees. First degree sex trafficking has two parts: if the actor is not a prostitute and the offense includes a minor, the sentence is up to 20 years in prison and/or up to a $50,000 fine; if the same offense has an aggravating factor, such as a second-time offense or multiple victims, the sentence is up to 25 years in prison and/or up to a $60,000 fine. Second degree sex trafficking occurs when a non-prostitute actor solicits, induces, promotes, or receives profit from prostitution, or engages in sex trafficking of another person. See here.
Engaging in, hiring, or agreeing to hire an individual under age thirteen for prostitution carries a sentence of up to 20 years in prison and/or up to a $40,000 fine. The same offense with an individual between thirteen and sixteen years of age carries a sentence of up to 10 years in prison and/or up to a $20,000 fine. The same offense with an individual between sixteen and eighteen years of age carries a sentence of up to 5 years in prison and/or up to a $10,000 fine. See here.
The most common prostitution related offense is your typical “John” looking on www.backpage.com or other related websites to find an “escort” who ends up being an undercover police officer dressed in “questionable” attire. Law enforcement has no problem in inducing you to commit prostitution by pretending to be an attractive escort looking to provide you a good time. By the time you enter the hotel room, and provide any evidence of soliciting a prostitute, the government and its agents raid the hotel room and arrest you. Fortunately, with a Minneapolis sex crimes attorney, you can raise a variety of defenses, include entrapment. Ryan has had many success stories of keeping these convictions from entering his client’s record due to such defenses.
Loitering in a public area intending prostitution is a misdemeanor. See here.
Federal transportation for illegal sexual activity, such as prostitution, is a crime under 18 U.S.C. § 2421. This carries a sentence of up to 10 years in prison and/or a fine. See here. If the transportation is of a minor, the statute is 18 U.SC. § 2423 and the sentence is at least 10 years in prison and up to life in prison. See here.
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Ryan Garry is a Minneapolis Sex Crimes Attorney that has extensive experience in all areas of Criminal Sexual Conduct. Call our office today to get the representation you deserve!