Charged with Second-Degree CSC? A Minnesota Defense Lawyer Explains the 90-Month Presumptive Prison Sentence and Your Defense Options.
The words echo in your mind, a judgment before you’ve even had a chance to speak: “Criminal Sexual Conduct in the Second Degree.” Your life, as you knew it, has come to a screeching halt. A single accusation has plunged you into the terrifying depths of the Minnesota justice system, and you are now facing one of the most serious felony charges the state can bring. The fear is paralyzing. You’re thinking about the potential for decades in prison, the soul-crushing requirement of lifelong registration as a predatory offender, and the devastating impact this will have on your family, your career, and your future. You may be completely innocent, the victim of a false allegation, or caught in a situation that has been tragically misunderstood.
The prosecution will tell you that a conviction comes with a presumptive 7.5-year prison sentence. They will use this terrifying number to pressure you, to make you feel hopeless, and to force you into a plea deal that will ruin your life. Do not give in. An accusation is not a conviction, and a presumptive sentence is not a foregone conclusion. You have the right to fight back. As a criminal defense attorney who has defended clients against these life-altering charges in courtrooms across Minnesota—from Minneapolis and St. Paul to Rochester, Duluth, and their surrounding communities—I know what it takes to stand up to the state, dismantle their case, and fight for your freedom. This is the most important battle of your life, and you do not have to fight it alone.
What Second-Degree CSC Actually Means in Minnesota
Criminal Sexual Conduct in the Second Degree (CSC2) is a severe felony charge that, at its core, involves non-consensual “sexual contact.” Unlike First or Third-Degree CSC, this charge is not about sexual penetration. It is defined as the intentional, non-consensual touching of “intimate parts”—which can include touching over clothing—for a sexual or aggressive purpose. However, what elevates this act to the devastating level of a second-degree felony is the presence of an aggravating factor. The state must prove not only that the sexual contact occurred, but that it happened under specific, dangerous circumstances.
These “Minnesota second-degree CSC charges” are triggered by factors that the law deems especially serious. This could be causing the accuser to have a reasonable fear of great bodily harm, using a weapon, causing a personal injury during the act, being aided by accomplices, or having a specific relationship with the accuser based on age and a position of authority. A “facing a CSC2 accusation” means the prosecutor believes they can prove both the unwanted contact and one of these serious aggravating circumstances. Your defense must be a two-front war: challenging the allegation of sexual contact itself and aggressively attacking the evidence for the supposed aggravating factor.
Minnesota Law on Second-Degree CSC — Straight from the Statute
The charge against you is governed by the precise language of Minnesota Statute § 609.343. This law outlines the various circumstances that can turn an allegation of sexual contact into a second-degree felony and specifies the severe penalties that follow. Understanding the exact wording the prosecutor must use to build their case is the first step in tearing that case apart.
Here are some of the key provisions of the statute you are facing:
609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(b) the actor is armed with a dangerous weapon…and uses or threatens to use the dangerous weapon to cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and…the actor uses force or coercion…or knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless…
Subd. 1a. Victim under the age of 18; crime defined. A person who engages in sexual contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second degree if…
(e) the complainant is under 14 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense…
Subd. 2. Penalty. (a) …a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.
(b) …the court shall presume that an executed sentence of 90 months must be imposed on an offender convicted of violating subdivision 1, clause (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i).
Breaking Down the Legal Elements of a Second-Degree CSC Charge
To convict you of this devastating crime, the prosecutor must prove two things beyond a reasonable doubt: first, that you committed the core act of non-consensual sexual contact, and second, that at least one of the specific aggravating circumstances listed in the statute existed at the time. A failure to prove either part means the state’s case fails.
- The Core Act: Sexual ContactThis is the foundation of the charge. The state must prove you intentionally touched the accuser’s “intimate parts” (genitals, groin, inner thigh, buttocks, or breast) or the clothing covering them. This touching must have been done for a sexual or aggressive purpose and, crucially, it must have been without their consent. Many cases hinge on proving that the contact was either not intentional, not sexual in nature, or was, in fact, fully consensual.
- Aggravating Factor: Fear or WeaponThe charge can be elevated to CSC2 if the circumstances caused the accuser to have a “reasonable fear of imminent great bodily harm.” This is a subjective standard that can be challenged. Alternatively, if you were armed with a dangerous weapon—or even an object that the accuser believed was a weapon—and used it to threaten them, the charge applies. Your defense can focus on showing the accuser’s fear was not reasonable or that no threat was actually made.
- Aggravating Factor: Personal InjuryIf the accuser suffered a “personal injury” (which can mean bodily harm, pregnancy, or even “severe mental anguish”) and that injury was connected to your use of force, coercion, or the accuser’s helpless state, the charge is CSC2. A key defense strategy is to show that any injury was accidental, unrelated to the sexual contact, or that the alleged “mental anguish” does not meet the high legal standard of “severe.”
- Aggravating Factor: Age, Authority, or RelationshipIn cases involving a complainant under 18, the law creates several strict liability situations. If there is a certain age gap (typically 36 months) and the accuser is under 16, consent is legally irrelevant. The same is true if you were in a “position of authority” (like a teacher or coach) or had a “significant relationship” with the minor. In these cases, the defense cannot be that the contact was consensual; it must focus on proving the contact never happened or that the age/authority relationship did not legally exist.
The 90-Month Presumptive Prison Sentence and Other Penalties
Let’s be clear: the penalties for a Second-Degree CSC conviction are designed to be life-altering. This is not a crime where you can expect a simple slap on the wrist. The “penalties for [crime] in Minnesota” are severe, and for many CSC2 convictions, the law tells judges that the starting point for sentencing is a long prison term.
The 90-Month Presumptive Executed Sentence
For most CSC2 convictions, Minnesota law establishes a “presumptive executed sentence” of 90 months (7.5 years). “Presumptive” means this is the sentence a judge is expected to give. “Executed” means you are sent to prison. For a judge to sentence you to less time, they must find significant mitigating factors and make a “downward departure” from the guidelines—something prosecutors fight aggressively to prevent. This 90-month presumption is the biggest threat you face.
The 25-Year Statutory Maximum
While the presumptive sentence is 90 months, the maximum possible sentence for a CSC2 conviction is 25 years in prison and/or a fine of up to $35,000. If there are other aggravating factors in your case or you have a prior criminal history, the court can sentence you far beyond the presumptive term, up to this statutory maximum.
Lifelong Predatory Offender Registration
A conviction for CSC2 automatically requires you to register as a predatory offender. In most cases, this is a lifetime requirement. Your name, address, photo, and details of your offense will be published on a public website for anyone to see. You will face severe restrictions on where you can live and work, and you will live under constant supervision and scrutiny.
Fines and Years of Supervised Release
In addition to the prison sentence, you can be fined up to $35,000. After you are eventually released from prison, you will be placed on a long period of mandatory conditional release—often for ten years—where you will be subject to intense supervision, strict rules, and the constant threat of being sent back to prison for any violation.
What a CSC2 Charge Looks Like in Real Life — Common Scenarios in Minnesota
These devastating charges often arise from situations that are far from clear-cut. They can be born from misunderstandings, false accusations, or encounters where the lines of consent are disputed. Here are some common scenarios that can lead to a CSC2 charge in Minnesota.
The Dating App Encounter That Turns Hostile in Minneapolis
You meet someone on a dating app. You go on a date in Minneapolis, and later, an argument erupts. The other person becomes upset and leaves. To get back at you, they later tell police that during a sexual encounter, your aggressive tone of voice and the argument made them fear for their safety. The prosecutor uses this “reasonable fear of great bodily harm” to charge you with CSC2, turning a consensual encounter into a high-level felony.
The High School Relationship in a Twin Cities Suburb
You are an 18-year-old senior at a high school in Plymouth or Maple Grove, and you are in a consensual relationship with a 15-year-old. You are both students at the same school. Because you are more than 36 months older and in a “position of authority” as an older student at the same school, your relationship is illegal under Minnesota law. Any sexual contact, even if fully consensual, results in a CSC2 charge where your partner’s consent is not a defense.
The Disputed Encounter with an Injury in Rochester
You have a sexual encounter with someone in Rochester. The next day, they claim it was not consensual. They have a bruise on their arm that they claim you caused by holding them down. The prosecutor now has “personal injury” plus “force,” which triggers the CSC2 charge and its 90-month presumptive sentence. Your defense must now prove not only that the encounter was consensual, but that the bruise was accidental or unrelated.
The Chaotic Bar Scene in Duluth
You are out with friends at a bar in downtown Duluth. An altercation occurs with another group. In the chaos, there is an allegation that you or one of your friends sexually touched someone while others from your group were holding them back. Because you were allegedly “aided or abetted by accomplices” who used force, you are now facing a CSC2 charge, even if you never personally used any force.
Legal Defenses That Can Defeat a Second-Degree CSC Charge
Despite the severity of the charge and the presumptive prison sentence, you are not helpless. These cases are often built on the testimony of a single accuser and are ripe for a powerful defense. An aggressive and thorough investigation can uncover inconsistencies, motives to lie, and evidence that proves your innocence or shows that the state cannot meet its high burden of proof.
Fighting “defenses to [crime] in Minnesota” for CSC2 means attacking the case from every angle. We will challenge the core allegation of non-consensual contact, and we will relentlessly attack the alleged aggravating factor that makes the crime a second-degree offense. A victory on either front can lead to a reduction of the charge or a full acquittal.
Factual Innocence and Consent
The most powerful defense is the truth. If the sexual contact never happened or was fully consensual, our entire strategy will be to prove it.
- False Allegation: We will conduct a deep investigation into the accuser’s background, their relationship with you, and their statements to police and others. By exposing inconsistencies, contradictions, and potential motives to fabricate the story (such as revenge, jealousy, or regret), we can destroy their credibility in the eyes of a jury.
- Evidence of Consent: We will use text messages, emails, social media history, and witness testimony to show that the accuser was a willing and active participant. Evidence of a friendly and flirtatious demeanor before the encounter, or normal and non-accusatory communication after, can be powerful proof of consent.
Attacking the Aggravating Factor
Even if the contact occurred, we can often defeat the CSC2 charge by proving the state cannot establish the aggravating circumstance. This is a critical strategy to avoid the 90-month presumptive sentence.
- Fear Was Not Reasonable: We can argue that the accuser’s alleged fear of “imminent great bodily harm” was a subjective overreaction and not what a reasonable person would have felt in that situation.
- Injury Was Unrelated: We can present evidence that any injury the accuser suffered was accidental, self-inflicted, or occurred in a manner unrelated to the sexual contact. If the injury wasn’t caused by your use of force, the aggravating element disappears.
- You Weren’t in a “Position of Authority”: The state’s definition of authority is specific. We can argue that your relationship with the accuser did not meet the strict legal definition, thereby invalidating that aggravating factor.
Challenging the State’s Evidence
The state’s case may be built on weak or flawed evidence. We will scrutinize every report and every piece of forensic evidence for errors.
- Inconsistent Statements: We will compare the accuser’s statements to police, to medical staff, and to friends and family. Any significant contradictions can be used to impeach their testimony and create reasonable doubt.
- Flawed Forensic Evidence: We can challenge the collection and interpretation of DNA evidence, medical examinations (SANE exams), and other forensic reports. We can hire our own independent experts to review the state’s findings and expose any errors or alternative explanations.
Minnesota Second-Degree CSC FAQs — What You Need to Know Now
Facing a charge this serious creates a whirlwind of questions. Here are direct answers to some of the most urgent concerns.
What exactly is a “presumptive sentence”?
It’s the sentence that Minnesota’s Sentencing Guidelines recommend as the standard punishment for a crime. For most CSC2 convictions, that standard is 90 months in prison. A judge must follow this presumption unless they find substantial and compelling reasons to depart from it.
Will I definitely go to prison for 90 months if I’m convicted?
It is the starting point and the most likely outcome upon conviction. The entire purpose of a strong defense is to avoid conviction altogether or, if that’s not possible, to create the compelling arguments necessary for a judge to consider a “downward departure” to a lesser sentence. But you must assume the 90-month sentence is the default.
What’s the difference between CSC2 and other degrees?
The primary differences are the type of contact and the aggravating factors. CSC1 and CSC3 involve “sexual penetration,” while CSC2 and CSC4 involve “sexual contact.” The degree is determined by the specific circumstances, such as the use of a weapon (CSC1), personal injury (CSC2), or the victim’s age.
Can I argue that a weapon wasn’t real or that I didn’t mean to threaten anyone?
The law states the charge applies if the accuser reasonably believes an article is a dangerous weapon. So, even if it was a toy gun, you could be charged. The defense would focus on whether the accuser’s belief was reasonable and whether you actually used it to threaten them.
What legally counts as “personal injury”?
The definition is broad and includes “bodily harm” (any physical pain or injury), pregnancy, or “severe mental anguish.” The vagueness of “severe mental anguish” makes it a key area to challenge in a defense.
If the other person consented, how can I still be charged with CSC2?
In cases involving minors below a certain age and a specific age gap, or where the actor is in a position of authority, the law says the minor is incapable of giving legal consent. In these “strict liability” cases, the minor’s consent is not a defense.
Can a CSC2 charge be dismissed?
Yes. A dismissal is always the primary goal. Through aggressive pretrial motions challenging the legality of the investigation, the sufficiency of the evidence, or the credibility of the accuser, it is possible to get the case thrown out before it ever reaches a jury.
Do I need a lawyer for a CSC2 charge in any Minnesota city?
Yes, without question. This is a high-level felony with a presumptive prison sentence. Trying to face this charge in Minneapolis, St. Paul, or any Minnesota court without an experienced criminal defense attorney would be a catastrophic, life-destroying mistake.
How long does lifelong registration actually last?
It lasts for your entire life. You will be on a public website and under the supervision of law enforcement until the day you die.
What if the accuser wants to drop the charges?
While the accuser’s cooperation is a factor, the decision to press charges rests solely with the prosecutor. The State of Minnesota is the plaintiff, not the accuser. A reluctant or recanting witness can certainly weaken the state’s case, but it does not automatically make the charges go away.
What if the story has changed multiple times?
This is excellent evidence for the defense. Inconsistent statements are one of the most powerful ways to impeach an accuser’s credibility and create reasonable doubt. We will meticulously document every version of the story they have told.
Is there a statute of limitations for CSC2?
For cases involving adult victims, the statute of limitations is generally nine years. However, for cases involving minor victims, there is often no statute of limitations, and charges can be brought many decades after the alleged incident.
Will my name be in the news?
An accusation of this nature, especially if it results in formal charges, is a matter of public record and is often reported by the media.
What if I’m not a U.S. citizen?
A conviction for CSC2 is considered an “aggravated felony” for immigration purposes. This means a conviction will result in mandatory, permanent deportation from the United States with no possibility of return.
What is my first step?
Do not speak to anyone—especially law enforcement—about the allegation. Anything you say can and will be twisted and used against you. Your first and only step should be to call a criminal defense attorney who has experience fighting these specific charges.
What a CSC2 Conviction Could Mean for the Rest of Your Life
A conviction for Second-Degree Criminal Sexual Conduct is not something you recover from. It is a permanent brand that will fundamentally alter every aspect of your existence. The “life after a [crime] conviction in Minnesota” is a brutal reality of public shame and closed doors. The fight you are in today is a fight for the rest of your life.
The Crushing Reality of Lifelong Registration
Lifetime registration as a predatory offender is a modern-day scarlet letter. Your face and home address will be available to the public online. You will be barred from living near schools, parks, and playgrounds. You will be a pariah in your own community, unable to attend your child’s school functions or coach their sports teams. It is a life sentence of suspicion and social exile.
Career and Financial Annihilation
A CSC2 conviction makes meaningful employment virtually impossible. No employer will want to take on the liability. If you have a professional license—as a doctor, lawyer, teacher, nurse, realtor, or anything else—it will be revoked. You will lose the career you spent your life building, with no hope of ever getting it back.
The Destruction of Your Family and Social Life
The strain of a conviction and the stigma of registration are often too much for relationships to bear. It frequently leads to divorce, estrangement from children, and the loss of your entire social circle. The isolation is profound and all-encompassing, a punishment that continues long after any prison sentence is served.
Permanent Loss of Civil Rights and Mandatory Deportation
As a convicted felon, you will permanently lose your right to own a firearm in Minnesota. You will lose your right to vote while on supervision. And if you are not a U.S. citizen, a CSC2 conviction is a death sentence for your life in America. It triggers mandatory and permanent deportation, with no forgiveness and no appeal.
Why You Need a Tough, Experienced Minnesota CSC Attorney
When you are facing a 90-month presumptive prison sentence, you cannot afford to gamble with your defense. You need a lawyer who is not intimidated by the charge, not afraid of the prosecutor, and who is willing to fight for you all the way to a jury trial. The quality and dedication of your attorney is the single most important factor in the outcome of your case.
A Private Lawyer Who Will Go to War for You
Public defenders are often overwhelmed with massive caseloads. They simply cannot provide the focused, in-depth attention a CSC2 charge demands. I am selective about the cases I take so that I can dedicate myself completely to your defense. I will personally handle every detail, from the initial investigation to the final courtroom argument. Your fight becomes my fight.
Immediate Action to Counter the State’s Narrative
The state starts building its case against you from day one. We must act even faster. The moment you hire me, we will launch our own aggressive investigation. We will subpoena evidence, interview witnesses, and preserve the text messages, emails, and social media data that can prove your innocence. We will not let the prosecution’s version of the story go unchallenged for a single day.
Mastery of the Courtroom and Cross-Examination
These cases are often won or lost during the cross-examination of the accuser. It requires a unique combination of skill, sensitivity, and toughness to expose inconsistencies and challenge a sympathetic witness’s credibility without alienating the jury. I have honed these skills over years of fighting high-stakes cases in courtrooms across Minnesota. I know how to command a courtroom and tell your story in a way that leads to victory.
A Singular Focus: Avoiding the Presumptive Sentence
My entire strategy is built around one primary goal: defeating the charge and avoiding the 90-month presumptive sentence. Whether through a pretrial dismissal, a strategic negotiation to a lesser offense, or an all-out battle for a not-guilty verdict at trial, every action we take is designed to protect you from that prison cell. When the stakes are this high, you need a lawyer whose only focus is on achieving the best possible result for you. That is the commitment I make to every client I represent.