Charged With Criminal Sexual Predatory Conduct? A Minnesota Lawyer Breaks Down What You’re Facing Under Minn. Stat. § 609.3453
The moment you were charged with Criminal Sexual Predatory Conduct, your world tilted on its axis. A single accusation—often rooted in misunderstanding, a situation taken out of context, or a deliberate falsehood—has the power to threaten your freedom, your reputation, your family, and your future. You didn’t plan to end up here, reading this page, trying to make sense of a legal system that suddenly feels designed to crush you. The weight of the accusation alone is immense, and the thought of navigating the complexities of Minnesota’s sex crime statutes can feel overwhelming, if not impossible. You are likely scared, angry, and confused, wondering how this happened and what comes next.
Know this: the feeling of isolation is normal, but you do not have to face this fight alone. The prosecution is already building its case against you, armed with the full resources of the state. They will paint a picture of you that you don’t recognize, twisting facts to fit their narrative. But their story is not the only one that matters. Your side of the story deserves to be heard, and your rights must be fiercely protected.
I am a Minnesota criminal defense attorney who has stood beside people just like you, in courtrooms across this state, from the metro sprawl of Minneapolis and St. Paul to the quieter jurisdictions of Rochester, Duluth, and St. Cloud. I have defended clients in Hennepin, Ramsey, Dakota, and Anoka counties, and I understand how prosecutors in cities like Bloomington, Plymouth, and Maple Grove approach these highly sensitive cases. This is not just a case; it’s your life. And my singular focus is on defending it, challenging the state’s evidence, and building a powerful, persuasive case designed to protect your future. You don’t have to be defined by this charge.
What “Criminal Sexual Predatory Conduct” Actually Means in Minnesota
When you first hear the phrase “Criminal Sexual Predatory Conduct,” it sounds severe and deeply unsettling. It’s a charge designed to sound damning, but it’s crucial to understand what it actually is—and what it isn’t. This charge is not a standalone offense in the way that, for instance, Third-Degree Assault is. Instead, it acts as a sentence enhancer. In plain terms, you are accused of committing another, separate crime—what the law calls a “predatory crime”—and the prosecution believes your motivation for that underlying crime was sexual in nature.
The core of a Minnesota Criminal Sexual Predatory Conduct charge is the why behind an alleged act. The prosecutor isn’t just trying to prove you committed a specific offense like Burglary, Kidnapping, or Stalking; they are trying to prove you did it because of a “sexual impulse” or as part of a “predatory pattern of behavior” that ultimately aimed at committing a criminal sexual conduct offense. For instance, you could be facing an accusation of Burglary, but if the state argues you broke into a home with the goal of committing a sex crime, they will add this charge on top, dramatically increasing the potential penalties. Facing this accusation means you are fighting a two-front war: defending against the underlying crime and battling the state’s claims about your innermost thoughts and motivations.
Minnesota Law on Criminal Sexual Predatory Conduct — Straight from the Statute
The legal foundation for this charge comes directly from Minnesota Statutes. It’s important to see the exact language the state will use to try and convict you. The law that applies here is Minnesota Statute § 609.3453.
Here is the precise text of the law:
609.3453 CRIMINAL SEXUAL PREDATORY CONDUCT.
Subdivision 1. Crime defined. A person is guilty of criminal sexual predatory conduct if the person commits a predatory crime that was motivated by the offender’s sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal.
Subd. 2. Penalty. (a) Except as provided in section 609.3455, the statutory maximum sentence for a violation of subdivision 1 is: (1) 25 percent longer than for the underlying predatory crime; or (2) 50 percent longer than for the underlying predatory crime, if the violation is committed by a person with a previous sex offense conviction, as defined in section 609.3455, subdivision 1.
(b) In addition to the sentence imposed under paragraph (a), the person may also be sentenced to the payment of a fine of not more than $20,000.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Breaking Down the Legal Elements of Criminal Sexual Predatory Conduct in Minnesota
For the prosecution to secure a conviction for Criminal Sexual Predatory Conduct, they can’t just make accusations. They must prove, beyond a reasonable doubt, several distinct components of the law. Understanding these legal elements is the first step in dismantling the state’s case against you.
- Commission of a Predatory Crime: The entire charge hinges on this first element. The state must first prove that you are guilty of an underlying “predatory crime.” This category is broad and includes offenses such as Murder, Assault, Kidnapping, False Imprisonment, Burglary, Stalking, and Harassment, among others. If the prosecution cannot prove you committed the foundational predatory offense, the Criminal Sexual Predatory Conduct charge cannot stand. This is often the first and most critical battleground in your defense, as we can attack the evidence—or lack thereof—for the initial crime you were accused of committing.
- Motivation or Pattern: This is the most subjective and often weakest part of the prosecution’s case. They must prove one of two things: either the predatory crime was motivated by your sexual impulses or it was part of a predatory pattern of behavior that had criminal sexual conduct as its goal. This requires the prosecutor to get inside your head, to argue about your intentions and desires. “Sexual impulse” is a vague term, and a “pattern of behavior” can be constructed from completely unrelated and innocent actions. My job is to challenge their interpretation and present a different, more plausible narrative.
- Result (Sentence Enhancement): The “result” in this context isn’t a physical outcome but a legal one. If the prosecution successfully proves the first two elements, the result is a significant enhancement of the sentence for the underlying predatory crime. This isn’t a separate sentence; it’s a multiplier. A conviction under this statute makes the maximum possible prison time 25% longer for a first offense, and a staggering 50% longer if you have a prior sex offense conviction on your record. This element underscores the critical importance of fighting the charge from the outset.
Penalties for a Criminal Sexual Predatory Conduct Conviction in Minnesota Can Be Severe
Let’s be direct: a conviction for Criminal Sexual Predatory Conduct is devastating because it takes an already serious situation and makes it exponentially worse. This charge is designed to increase punishment. The specific penalties for Criminal Sexual Predatory Conduct in Minnesota are tied directly to the underlying offense you are charged with, but they add a significant amount of potential prison time and other consequences. It’s a sentence enhancer, meaning the penalties are stacked on top of what you already face.
Felony Sentence Enhancement
Because “predatory crimes” are themselves serious felonies, a conviction for Criminal Sexual Predatory Conduct is always a felony-level enhancement. The statute dictates a specific, harsh increase in the maximum possible sentence for the underlying crime.
- Standard Enhancement: For a first-time offense, the statutory maximum prison sentence for the underlying predatory crime is increased by 25 percent. For example, if the maximum sentence for the underlying crime was 20 years, a conviction under this statute could increase that potential sentence to 25 years.
- Enhanced Penalty for Prior Offenses: If you have a previous sex offense conviction, the enhancement is even more severe. The statutory maximum sentence for the underlying predatory crime is increased by 50 percent. That same 20-year maximum could become a 30-year maximum.
- Fines: In addition to extended prison time, you can be fined up to $20,000.
- Mandatory Conditional Release: A conviction also triggers a long period of conditional release (a form of intense parole) under section 609.3455, which can last for ten years or even a lifetime, imposing strict rules on where you can live, work, and go.
What Criminal Sexual Predatory Conduct Looks Like in Real Life — Common Scenarios in Minnesota
This charge can arise in a variety of situations where the prosecution attempts to connect a separate crime to an alleged sexual motive. These scenarios are often built on circumstantial evidence and assumptions, which a skilled attorney can challenge.
The Burglary Accusation in a Minneapolis Suburb
Imagine you’re accused of breaking into a home in a quiet Plymouth or Maple Grove neighborhood. The prosecution might find that personal items, like undergarments, were disturbed but nothing of significant value was taken. They could argue that the purpose of the burglary wasn’t theft, but was motivated by a “sexual impulse,” leading them to add the Criminal Sexual Predatory Conduct charge. They will use this narrative to transform a property crime into a much more sinister offense in the eyes of a jury.
The Stalking Charge After a Breakup in St. Paul
Consider a scenario where a romantic relationship ends badly. In the aftermath, you are accused of stalking your ex-partner in St. Paul, perhaps by driving past their home or sending unwanted messages. The prosecutor could allege this behavior wasn’t just harassment but was part of a “predatory pattern” with the ultimate goal of forcing a sexual encounter. They might twist your attempts at reconciliation into a menacing plot, using the § 609.3453 enhancement to seek a much harsher penalty.
The False Imprisonment Claim in a Duluth Apartment
You might be at a party in Duluth where you and another person go to a bedroom to talk privately. An argument ensues, and you stand in front of the door to prevent them from leaving until you can resolve the issue. Later, they claim you falsely imprisoned them. The prosecution, seeking to maximize charges, could argue that your motivation for preventing them from leaving was to eventually commit a sexual act, thereby adding the Criminal Sexual Predatory Conduct charge to an already serious allegation.
The Assault Allegation Stemming from a Rochester Bar Fight
You get into a physical altercation at a bar in downtown Rochester. The other person involved claims you assaulted them. If the altercation began over a dispute involving a partner or a romantic interest, the prosecutor might attempt to frame the assault as being “motivated by sexual impulses,” such as jealousy or a desire to assert dominance with a sexual undertone. This allows them to seek the 25% sentence enhancement by tacking on the Criminal Sexual Predatory Conduct charge.
Legal Defenses That Might Work Against Your Criminal Sexual Predatory Conduct Charge
Just because you’ve been charged doesn’t mean you will be convicted. The prosecution’s case is often built on assumptions and weak evidence, especially concerning your alleged motive. A strong, strategic defense can expose these weaknesses and protect your freedom. As your attorney, I will meticulously analyze every piece of evidence to build the strongest defense possible for your specific circumstances. We are not just defending you against the underlying crime; we are aggressively fighting the state’s attempt to read your mind and assign a motive that doesn’t exist.
The core of our defense will be to attack the prosecution’s narrative at its weakest points. They have the burden of proving every element beyond a reasonable doubt, and the “motivation” element is the most difficult for them to prove. They weren’t there. They don’t know what was in your head. They are simply trying to construct a story that fits their charges. We will construct a more compelling, truthful story based on the facts. We will challenge their evidence, their witnesses, and their very interpretation of events, whether you are in Minneapolis, St. Paul, Rochester, Duluth, or any other community in Minnesota.
Challenging the Underlying Predatory Crime
The entire Criminal Sexual Predatory Conduct charge rests on the foundation of the initial crime. If we can defeat the underlying charge, the enhancement disappears completely. This is often our primary line of attack.
- Insufficient Evidence: The state must prove you committed the predatory crime (e.g., burglary, stalking, assault). We will scrutinize the evidence for holes. Was the eyewitness identification unreliable? Is there a lack of physical evidence tying you to the scene? Did the police conduct an incomplete investigation? We will argue that the state simply cannot meet its high burden of proof.
- Alibi: You cannot be guilty of a crime if you were somewhere else when it occurred. We will gather evidence to establish your whereabouts, such as receipts, GPS data from your phone, and testimony from credible witnesses. A solid alibi can dismantle the prosecution’s entire case from the start.
- Mistaken Identity: Eyewitness testimony is notoriously unreliable, especially in stressful situations. The alleged victim or other witnesses may have misidentified you. We can challenge the identification procedures used by police and present evidence suggesting that another person was the actual perpetrator.
Arguing Lack of Sexual Motivation
Even if the state has a strong case for the underlying crime, they must still prove your motive. This is highly subjective and provides a fertile ground for a powerful defense. We can argue that your actions, even if technically illegal, were not driven by any sexual impulse.
- Alternative Motivation: Your actions may have been driven by other emotions or circumstances entirely unrelated to sex. For example, an alleged stalking may have been a misguided attempt to reconcile a relationship. An alleged burglary may have been driven by financial desperation or a substance abuse issue. Providing a plausible, non-sexual reason for your conduct can create significant reasonable doubt.
- Misinterpretation of Actions: The prosecution will try to frame every ambiguous action as evidence of a sexual motive. We will push back against this narrative, offering alternative interpretations. For example, sending flowers might be portrayed as part of a predatory pattern, but we can argue it was a simple, if perhaps unwanted, apology.
Discrediting the “Predatory Pattern” Narrative
The state may try to link together a series of unrelated or innocent actions to create the illusion of a “predatory pattern.” Our job is to break those links and show the actions for what they truly were.
- Isolated Incidents: We can argue that the alleged events were separate, isolated incidents, not a connected pattern of behavior. Coincidence is not a crime, and we will prevent the prosecutor from weaving a conspiracy out of thin air.
- Innocent Context: Actions that seem suspicious in isolation may be perfectly innocent when viewed in their proper context. We will provide that context to the judge and jury, explaining why your behavior was not part of a predatory scheme with a sexual goal.
Constitutional and Procedural Violations
Your constitutional rights must be protected throughout the entire legal process. If the police or prosecution violated your rights, it can lead to the suppression of evidence or even a full dismissal of the charges.
- Illegal Search and Seizure: The Fourth Amendment protects you from unreasonable searches. If the police gathered evidence against you by searching your home, car, or person without a valid warrant or probable cause, we can file a motion to have that evidence excluded from court.
- Miranda Rights Violations: If you were questioned by police while in custody, they were required to read you your Miranda rights, including your right to remain silent and your right to an attorney. If they failed to do so, any statements you made could be deemed inadmissible.
Minnesota Criminal Sexual Predatory Conduct FAQs — What You Need to Know Now
Will I go to jail for Criminal Sexual Predatory Conduct in Minnesota?
Because this charge is an enhancement to an already serious felony, a conviction creates a very high risk of a prison sentence. The statute is specifically designed to increase the length of incarceration by 25% or 50%. However, an aggressive defense can lead to the charge being dropped, a not-guilty verdict at trial, or a plea to a lesser offense without the enhancement, all of which could help you avoid prison.
Can a Criminal Sexual Predatory Conduct charge be dismissed?
Yes. A charge can be dismissed if there is insufficient evidence to proceed, if your constitutional rights were violated during the investigation, or as part of a negotiated resolution. As your attorney, my first goal is always to seek a full dismissal of the charges by challenging the prosecution’s case at every stage, from pre-trial motions to the eve of trial.
Do I need a lawyer for a Criminal Sexual Predatory Conduct charge in Minneapolis or another Minnesota city?
Absolutely. This is not a charge you should ever face alone. The legal complexities are significant, and the stakes are incredibly high. You need an attorney who understands how these specific cases are prosecuted in Minnesota courts, from Hennepin County to St. Louis County, and who has the trial experience to fight for you effectively. The prosecution has a lawyer; you deserve one too.
How does the prosecutor prove my “sexual impulse”?
This is the weakest link in their case. They will use circumstantial evidence—the nature of the alleged crime, things you may have said or written, items found at the scene, or your past history—to build a narrative about your supposed motivation. My job is to dismantle that narrative and show the jury that the state is engaging in pure speculation.
What is a “predatory crime” in Minnesota?
Minnesota law lists specific offenses that qualify as “predatory crimes.” These are serious felonies and include crimes like murder, assault in the first, second, or third degree, kidnapping, false imprisonment, solicitation of children, stalking, and burglary, among others. The enhancement can only be applied if you are first charged with one of these underlying offenses.
What’s the difference between this and a regular Criminal Sexual Conduct charge?
A standard Criminal Sexual Conduct (CSC) charge involves an alleged act of non-consensual sexual contact or penetration. This charge, Criminal Sexual Predatory Conduct, is different. It’s an add-on. It punishes the motive behind a different crime (like burglary or stalking), alleging that the goal was ultimately sexual.
How long does a charge like this stay on my record in Minnesota?
If you are convicted, this felony will stay on your criminal record permanently unless you can get it expunged. However, expungement for serious felonies, especially those with a sexual component, is extremely difficult to obtain in Minnesota. This makes it all the more critical to fight the charge from the very beginning.
Will I have to register as a sex offender if convicted?
A conviction for Criminal Sexual Predatory Conduct will almost certainly require you to register as a predatory offender in Minnesota. The registration period is typically at least ten years and can be for life. This has a devastating and permanent impact on where you can live, work, and even go in your community.
What if the underlying crime was just a misdemeanor?
The Criminal Sexual Predatory Conduct enhancement only applies to underlying offenses that are defined as “predatory crimes,” which are all felonies. Therefore, this charge cannot be added to a misdemeanor offense.
Can I be charged even if no sexual act occurred?
Yes. This is a crucial point. The state does not need to prove that any sexual contact or conduct actually happened. They only need to convince a jury that you committed a predatory crime (like stalking) and that your motivation or goal was sexual. The entire case can be built on intent, not action.
What is “conditional release”?
Conditional release is a period of intense supervision that begins after you have served your full prison sentence. For sex-related offenses, it is much stricter than standard probation or parole. It can last for ten years or even a lifetime and includes rules about where you live (not near schools or parks), curfews, electronic monitoring, and mandatory treatment programs.
Can I fight this charge if I have a prior sex offense conviction?
Yes, absolutely. While a prior conviction means the potential penalty is much higher (a 50% sentence enhancement), it does not change the fact that you are presumed innocent of the new charge. The state still has to prove every element of the current offense beyond a reasonable doubt. A prior conviction cannot be used to prove your guilt in the present case.
What if the accuser has a history of lying?
The credibility of your accuser is central to the case. As your attorney, I will conduct a thorough investigation into the accuser’s background and history. If we can uncover evidence that they have a reputation for dishonesty, have made false allegations in the past, or have a motive to lie in this case, we can use that to impeach their testimony and destroy their credibility in front of the jury.
How soon should I hire an attorney?
Immediately. The moment you are aware that you are being investigated or have been charged, you need to contact a criminal defense attorney. The early stages of a case are often the most critical. Having a lawyer on your side before you speak to the police can prevent you from making mistakes that could hurt your case later.
Can you represent me if I live in a smaller city like Eagan or St. Cloud?
Yes. I represent clients throughout the entire state of Minnesota. While many cases are centered in the Twin Cities metro area (including cities like Bloomington, Brooklyn Park, and Plymouth), I have the experience and resources to defend you vigorously no matter which county your case is in. I understand that local court procedures and prosecutorial tendencies can vary, and I will tailor your defense accordingly.
What a Criminal Sexual Predatory Conduct Conviction Could Mean for the Rest of Your Life
A conviction under this statute is more than just a prison sentence. It is a brand that follows you for the rest of your life, creating permanent barriers to rebuilding a normal, productive future. The collateral consequences are severe, far-reaching, and designed to be a lifelong punishment.
Permanent Criminal Record and Employment Ruin
With a felony conviction for Criminal Sexual Predatory Conduct on your record, finding meaningful employment becomes nearly impossible. Nearly every job application asks about felony convictions. Background checks will immediately flag you as having committed a serious, sexually motivated crime. You will likely be barred from professions that require state licensing, such as healthcare, education, childcare, and many others. The stigma attached to this conviction can relegate you to a lifetime of low-wage, unstable jobs, regardless of your skills or qualifications.
Loss of Housing and Social Isolation
Finding a place to live will become a constant struggle. Landlords routinely run background checks and will almost certainly deny your application based on this type of conviction. Furthermore, predatory offender registration laws will prohibit you from living within a certain distance of schools, parks, and daycare centers, drastically limiting your housing options in cities like Minneapolis, Rochester, or any community in Minnesota. This can lead to housing instability and social isolation, making it difficult to find a safe and stable home for yourself and your family.
Lifetime Ban on Firearm Ownership
A felony conviction in Minnesota results in a lifetime ban on your right to own, possess, or use a firearm. This is not a temporary restriction; it is a permanent loss of your Second Amendment rights. There are no exceptions. Any attempt to possess a firearm after a felony conviction will result in new, serious felony charges.
Immigration Consequences for Non-Citizens
If you are not a United States citizen, a conviction for Criminal Sexual Predatory Conduct is considered an “aggravated felony” under federal immigration law. This has dire consequences. A conviction will almost certainly lead to your deportation, regardless of how long you have lived in the country, whether you have a family here, or whether you entered the country legally. You will also be permanently barred from ever re-entering the United States.
Why You Need a Tough, Experienced Minnesota Criminal Sexual Predatory Conduct Attorney
When you are facing a charge as serious as Criminal Sexual Predatory Conduct, the choice of your legal representation is the single most important decision you will make. You cannot afford to settle for an overworked public defender or an attorney who only dabbles in criminal defense. You need a lawyer whose entire focus is on fighting and winning criminal cases, who understands the unique challenges of a § 609.3453 charge, and who is prepared to stand and fight for you.
The Advantage of a Dedicated Private Lawyer
Unlike a public defender’s office, which often handles an overwhelming caseload, a private attorney can devote the necessary time, energy, and resources to your specific case. I will personally handle every aspect of your defense, from the initial investigation to pretrial motions and, if necessary, a full jury trial. I have the ability to hire investigators to track down witnesses, find holes in the police report, and uncover evidence the prosecution may have missed. I will not be pressured into accepting a bad plea deal. My only client is you, and my only goal is to achieve the best possible outcome for you.
How Fast Action Can Fundamentally Change the Outcome
The most critical window in a criminal case is often the very beginning. By taking swift, decisive action, we can often shape the battlefield before the prosecution has even finished building its case. I can intervene early with the police and prosecutors, presenting exculpatory evidence and highlighting the weaknesses in their allegations, sometimes convincing them to file lesser charges or to not file charges at all. The sooner you have a strong advocate in your corner, the more opportunities we have to control the narrative and protect your rights from the outset. Don’t wait until it’s too late.
Deep Understanding of Local Minnesota Court Systems
Navigating the criminal justice system is not a one-size-fits-all process. A defense strategy that works in Hennepin County might need to be adjusted for a case in Ramsey County or Olmsted County. I have extensive experience in courtrooms across Minnesota, from major metropolitan areas like Minneapolis and St. Paul to cities like Duluth and Rochester. I know the local prosecutors, the judges, and the unwritten rules of each specific courthouse. This local knowledge is an invaluable asset that allows me to anticipate the prosecution’s moves and tailor a defense strategy that is most effective for your specific jurisdiction.
Building a Case That Is Built to Win
My approach is simple: I prepare every single case as if it is going to trial. This proactive, aggressive posture sends a clear message to the prosecution: we are not afraid to fight. By meticulously preparing for trial, we often put ourselves in the best position to negotiate a favorable outcome, such as a dismissal or a significant reduction in charges. Whether it’s through challenging the legality of a search, filing motions to suppress evidence, discrediting the state’s witnesses on the stand, or presenting a compelling case to a jury, my focus is on one thing: getting results that protect your freedom and your future.