A Minnesota Defense Attorney on CSC 4 Charges Under § 609.345, the Definition of ‘Sexual Contact,’ and How to Fight a Felony.
You’ve just been accused of Fourth-Degree Criminal Sexual Conduct (CSC 4) in Minnesota, and your world has been thrown into a state of chaos and fear. A felony charge of this nature is a devastating blow, one that threatens your freedom, your family, your career, and your reputation. The accusation may stem from a complete misunderstanding—an innocent touch misinterpreted as something sinister. It could be the result of a consensual teenage relationship that the state has decided to criminalize. Or, it could be a malicious lie, a weapon used by someone to hurt you. Whatever the circumstances, you are now facing the overwhelming power of the state, and you need to be prepared for the fight of your life.
While this is an incredibly serious felony, it is crucial to understand that it is different from higher-level CSC offenses. The central allegation revolves around “sexual contact,” not “sexual penetration,” a distinction that is vital to your defense. This nuance, however, does not diminish the danger you are in. A conviction can still lead to a decade in prison and a requirement to register as a sex offender. As a criminal defense attorney who has defended clients against these specific and sensitive charges across Minnesota—from Minneapolis and St. Paul to Rochester, Duluth, and their surrounding communities—I know how to attack the state’s case and protect your future. You do not have to go through this alone.
What Fourth-Degree Criminal Sexual Conduct Actually Means in Minnesota
Fourth-Degree Criminal Sexual Conduct is a serious felony offense that hinges on the legal definition of “sexual contact.” Unlike higher-level CSC crimes that involve sexual penetration, a “Minnesota CSC 4 charge” is based on an allegation of intentional, non-consensual touching of a person’s intimate parts. This can include touching the skin directly or touching the clothing covering the intimate parts. The core of the crime is not just the touch itself, but the purpose behind it—the state must prove you did it for your own sexual or aggressive gratification.
This act of sexual contact becomes a CSC 4 felony when it is combined with a specific “aggravating circumstance.” These circumstances are similar to those in CSC 3, such as using coercion, the complainant being mentally incapacitated, or the existence of a specific age gap between you and a minor. When “facing a CSC 4 accusation,” you are being accused of turning a physical touch into a felony. Because the line between an innocent, accidental, or social touch and a criminal one can be incredibly thin and subjective, these charges are often built on a weak and defensible foundation.
Minnesota Law on CSC 4 — Straight from the Statute
The law that defines this crime is Minnesota Statute § 609.345. It is a detailed and complex statute that closely mirrors the structure of CSC 3 but replaces the act of “sexual penetration” with “sexual contact.” It is essential that you understand the exact legal language the state is using to charge you, as every word provides a potential avenue for your defense. The statute also contains important details about penalties and specific defenses that may apply to your case.
Below are key excerpts from the statute that define this felony offense:
609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH 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 fourth degree if any of the following circumstances exists:
(a) the actor uses coercion to accomplish the sexual contact;
(b) the actor 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 fourth degree if any of the following circumstances exists:
…
(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 36 months older than the complainant or in a current or recent position of authority over the complainant…
…
Subd. 2. Penalty. …a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than ten years or to a payment of a fine of not more than $20,000, or both…
Breaking Down the Legal Elements of Fourth-Degree CSC in Minnesota
For the prosecution to secure a felony conviction against you, they must prove two fundamental components beyond a reasonable doubt. First, they must prove the act of criminal sexual contact. Second, they must prove the existence of a specific aggravating circumstance listed in the statute. My defense of your case will involve a rigorous, detailed attack on the state’s ability to prove both of these elements. If we can create reasonable doubt on either part, the case against you must fail.
- The Act: Sexual ContactThe core of a CSC 4 charge is “sexual contact.” Under Minnesota law, this means the intentional touching of the complainant’s intimate parts (defined as the primary genital area, groin, inner thigh, buttocks, or breast) or the clothing covering them. Critically, the state must also prove that you did this for the purpose of satisfying your own sexual or aggressive impulses. This “purpose” element is entirely subjective. A friendly hug, a hand on the back, or an accidental brush-up in a crowded room is not a crime. We will fight to prove that any alleged contact was not done with criminal intent.
- The Aggravating CircumstanceThis is what elevates a simple unwanted touch (which might be a lesser misdemeanor assault) to a major felony. The prosecutor must prove that one of the circumstances listed in § 609.345 existed at the time of the contact. These are very similar to the circumstances for CSC 3, and common examples include:
- Coercion: You used subtle threats or manipulation to make the person submit to the contact.
- Mental Incapacity: The complainant was unable to consent because they were passed out, asleep, or severely intoxicated.
- Specific Age Gap: You and a minor complainant had a specific age difference that the law prohibits for sexual contact.
- Position of Authority: You used your position of trust or authority over a minor to engage in the contact.
Penalties for a CSC 4 Conviction in Minnesota Can Be Severe
Do not let the “Fourth-Degree” title mislead you. A CSC 4 conviction is a serious felony that carries life-altering penalties, including the real possibility of prison and mandatory sex offender registration. The “Minnesota sentencing for CSC 4” is a grave matter that has the power to destroy your future. However, like CSC 3, the law provides a critical opportunity for a judge to show discretion—an opportunity that a strong legal defense is designed to maximize.
Maximum Penalty of 10 Years in Prison
A conviction for Fourth-Degree Criminal Sexual Conduct carries a maximum sentence of up to 10 years in a Minnesota state prison and a fine of up to $20,000. While ten years is the ceiling, the actual sentence you might face is determined by the state’s Sentencing Guidelines, which factor in your criminal history. A prison sentence of any length is a devastating outcome, and our primary goal is to prevent that from happening.
No Presumptive Prison Sentence: The Fight for Probation
This is the most critical fact you need to know about your CSC 4 charge. Unlike the most severe sex crimes, CSC 4 does not have a presumptive prison sentence. This gives the judge the legal discretion to impose a probationary sentence instead of sending you to prison. A judge can “stay” the execution of a prison sentence and allow you to remain in the community under strict supervision. This makes the quality of your defense and the arguments your lawyer makes at sentencing absolutely vital. We are not just fighting to prove your innocence; we are fighting to keep you free.
The Requirement of Sex Offender Registration
Even if you successfully avoid a prison sentence, a conviction for CSC 4 will almost certainly require you to register as a predatory offender. The registration period is typically for 10 years, but it can be extended. This means your name and information will be in a law enforcement database, you will face restrictions on where you can live and work, and you will carry the heavy stigma of this label long after you have completed your sentence.
What CSC 4 Looks Like in Real Life — Common Scenarios in Minnesota
A felony charge for CSC 4 can arise from situations that you never imagined could be considered criminal. A simple gesture, a moment of poor judgment, or a relationship dynamic can be twisted by an accuser or a prosecutor into a felony case. These scenarios happen in every town and city in Minnesota, from the suburbs to the urban core.
The police report will tell a simple story of a crime, but the reality is often far more complex. It is my job to tell your side of that story.
The Misinterpreted Touch at a Minneapolis Bar
You are at a crowded bar or social event in downtown Minneapolis. In the course of a conversation, you place your hand on someone’s arm or back. Or, in a packed space, you accidentally brush against someone. Later, that person reports you to the police, claiming your touch was intentional, sexual, and unwanted. They felt you “coerced” them by invading their space. What you saw as an innocent social interaction or a complete accident has now become the basis for a felony charge.
The Workplace Accusation in St. Paul
You are a manager or supervisor in a St. Paul office. An employee who is unhappy with their job or a recent performance review accuses you of inappropriate touching. They claim you created a coercive environment and that a hug, a hand on the shoulder, or another gesture was unwelcome sexual contact. Your professional career is now in jeopardy as you fight a serious felony allegation stemming from a workplace dispute.
The Teenage Relationship in a Suburb like Bloomington
You are a 19-year-old living in Bloomington, dating a 15-year-old. You believe your relationship is consensual and normal. However, because you are more than 36 months older, any intentional sexual touching is automatically a CSC 4 felony under Minnesota law. The 15-year-old’s consent is not a defense. A teenage relationship is suddenly a criminal matter that could land you in prison and on the sex offender registry.
The Caregiver Situation in Duluth
You work as a caregiver for an elderly or disabled adult in Duluth. You are helping them with daily tasks, which involves physical contact like assisting with bathing or dressing. A disgruntled family member of the person you care for, or the person themself during a moment of confusion, accuses you of inappropriate sexual touching. The state charges you with CSC 4, alleging the person was “physically helpless” or “mentally incapacitated” and unable to consent to the contact.
Legal Defenses That Might Work Against Your CSC 4 Charge
Being charged with a felony based on an alleged touch can feel surreal and hopeless. It is not. The subjective nature of these accusations is their greatest weakness. As your defense lawyer, I will build a powerful, proactive defense designed to dismantle the state’s case piece by piece. You are presumed innocent, and we will force the prosecutor to meet their impossibly high burden of proof.
We will start by conducting our own thorough investigation into the facts. We will look for evidence that proves the contact was accidental, that it was not sexual in nature, or that the entire allegation is a fabrication. There are many ways to fight a Minnesota CSC 4 charge, and we will find the best path forward for you.
Lack of Sexual Intent or Purpose
This is the most powerful defense against a CSC 4 charge. The state must prove that any alleged touching was done for the purpose of satisfying your sexual or aggressive impulses. We can argue that the contact was completely innocent.
- Accidental Contact: In a crowded public space like a bar, concert, or bus, accidental physical contact is inevitable. We can argue that any touching was inadvertent and not the result of any intentional act on your part.
- Non-Sexual Social Gesture: A hug, a pat on the back, or a hand on the arm are common social gestures in our culture. We will argue that the contact was a normal, non-sexual social interaction that the complainant or the police have misinterpreted.
The Contact Was Consensual
In cases involving two adults where coercion is alleged, we can argue that the physical contact was entirely consensual.
- Mutual Interaction: We can use text messages, witness testimony, and other evidence to show that you and the accuser were engaged in a mutual flirtation or relationship where physical touch was welcome and reciprocated.
- No Coercion: We will challenge the state’s vague claim of “coercion.” We will argue that you did not use any threats or manipulation to overcome the accuser’s will and that they were a willing participant in the interaction.
False Allegations and Motive to Lie
An accusation of unwanted touching is an easy lie to tell and a difficult one to disprove. We must investigate the accuser’s motivations and credibility.
- Uncovering Ulterior Motives: Why is the accuser making this claim now? Are they seeking revenge after a breakup? Are they trying to get you fired from a job they want? Are they a co-defendant in another case trying to get a deal? Exposing their motive to lie can destroy the state’s case.
- Inconsistent Statements: We will compare the accuser’s initial statement to police with their later statements and testimony. Any changes, exaggerations, or contradictions in their story can be used to prove to a jury that they are not a reliable witness.
Mistake of Age Affirmative Defense
Just like in CSC 3, the CSC 4 statute provides a specific defense in certain age-gap cases. If the complainant is 14 or 15 and you are less than 60 months (5 years) older, we can argue that you reasonably believed they were 16.
- Proving Reasonable Belief: This is an “affirmative defense,” meaning we have the burden of proving it. We can use evidence like their profile on social media, statements they made to you or others about their age, or their use of a fake ID to show that your belief was reasonable under the circumstances.
Minnesota CSC 4 FAQs — What You Need to Know Now
What is the main difference between CSC 3 and CSC 4?
The main difference is the act itself. CSC 3 requires “sexual penetration,” while CSC 4 only requires “sexual contact” (intentional touching of intimate parts). This makes CSC 4 a less severe charge, though it is still a very serious felony.
Can a simple, non-sexual touch be charged as a felony?
No. The state must prove the touch was intentional and done for the purpose of sexual gratification. If a touch was accidental or a normal social gesture (like a pat on the back), it is not a crime. This “intent” element is the key to your defense.
What does the prosecutor have to prove about my intent?
They have to prove beyond a reasonable doubt that the reason you touched the person was to satisfy your own sexual or aggressive impulses. They will try to do this with circumstantial evidence, but it is a very high and subjective bar for them to clear.
Is it possible to avoid prison for a CSC 4 conviction?
Yes. There is no presumptive prison sentence for CSC 4. A judge has the legal authority to grant you a probationary sentence instead of sending you to prison. My job is to present the most compelling case possible for why you deserve to remain free.
Will I have to register as a sex offender?
Yes, a conviction for CSC 4 requires registration as a predatory offender in Minnesota, typically for a period of 10 years. This is a severe and life-altering consequence.
Do I need a lawyer for a felony touching case in Eagan?
Absolutely. You are facing a felony charge, a potential decade in prison, and sex offender registration. You must have a skilled and experienced criminal defense attorney who knows the Dakota County court system and has a track record of defending against these specific charges.
What if the accuser was drinking? Does that matter?
Yes. If the state is claiming the person was “mentally incapacitated” due to alcohol, they have to prove they were so drunk they couldn’t give consent. If we can show the person was still functioning, talking, and making decisions, we can defeat that element of the charge.
What if the accuser and I have very different stories?
This is common. It becomes a “he said, she said” case. The outcome often depends on the credibility of each person and the skill of your lawyer in cross-examining the accuser to expose inconsistencies and holes in their story.
What is an “affirmative defense”?
An affirmative defense, like the “mistake of age” defense in the statute, is one where we admit the contact happened but argue there was a legal justification or excuse for it. Unlike other defenses where the state has the burden of proof, for an affirmative defense, we have the burden of proving it is more likely true than not.
Can this charge be dismissed before trial?
Yes. A dismissal is always the best possible outcome and our primary goal. We can get a case dismissed by showing the prosecutor their evidence is too weak, that the alleged contact does not meet the legal definition of “sexual contact,” or that the police violated your rights.
How will a CSC 4 conviction affect my life?
It will affect everything. It creates a permanent felony record, making it difficult to find jobs and housing. It requires sex offender registration. It results in the loss of your right to own a gun. It can damage your relationships with family and friends forever.
What is the very first thing I should do?
Do not talk to the police. Politely but firmly state, “I am exercising my right to remain silent and I want a lawyer.” Do not try to explain yourself. Then, call my office immediately so we can begin protecting you.
What if the contact was over clothing? Is that still a crime?
Yes. The law in Minnesota specifically states that “sexual contact” includes touching the clothing covering the intimate parts.
What if I am innocent but the police seem to believe the accuser?
The police are not neutral parties. Once an accusation is made, their job is to build a case against you. They will almost always side with the accuser. Do not be discouraged by this. The real fight happens in the courtroom, not the police station.
Can a hug be considered criminal sexual conduct?
In some circumstances, a prosecutor could try to argue that a hug was a form of criminal sexual contact if they believe it was done for a sexual purpose and involved the touching of intimate parts. This shows how subjective and dangerous these charges can be.
What a CSC 4 Conviction Could Mean for the Rest of Your Life
A conviction for Fourth-Degree Criminal Sexual Conduct is a brand that will never fade. It is a felony conviction and a sex offense registration that will follow you, creating obstacles in every area of your life. The consequences are far-reaching and permanent. This is why the fight to prevent a conviction is so critical.
The Ever-Present Threat of Prison
While probation is possible, the threat of a prison sentence of up to 10 years will hang over your head throughout the case. A judge could be convinced by the prosecutor that the circumstances of your case are serious enough to warrant incarceration. Losing any part of your life to a prison cell is a devastating outcome we must fight to avoid.
The Stigma of Sex Offender Registration
For at least a decade, you will be on the predatory offender registry. This is a public and private humiliation. You will have to report to law enforcement, and you will face severe restrictions on where you can live. The social stigma can destroy friendships, strain family ties, and make you an outcast in your own community.
A Future of Closed Doors
The permanent felony on your record will close countless doors. You will be automatically disqualified from many jobs, especially in fields like education, healthcare, and finance. Landlords will see the conviction on a background check and refuse to rent to you. Your ability to provide for yourself and your family will be permanently compromised.
The Loss of Fundamental Civil Rights
As a convicted felon in Minnesota, you will lose your right to vote until your sentence is complete, and you will lose your right to own or possess a firearm for the rest of your life. These are fundamental rights that are stripped away by a single conviction.
Why You Need a Tough, Experienced Minnesota CSC Attorney
When you are charged with a felony as subjective and dangerous as CSC 4, you need a lawyer who knows how to fight on this specific terrain. You need an advocate who can deconstruct an accuser’s story, challenge an officer’s interpretation, and persuade a judge or jury that an innocent act has been twisted into a crime.
An Advocate Who Understands the Nuance of “Intent”
The heart of a CSC 4 case is your alleged intent. I have years of experience fighting these subjective, intent-based crimes. I know how to build a case that shows your actions were innocent, accidental, or social, not criminal. I know how to cross-examine an accuser to expose that their perception does not match the reality of what happened.
A Strategist Focused on Avoiding Prison
Because prison is not mandatory for a CSC 4 conviction, our legal strategy has a dual focus. First, we fight for a full acquittal or dismissal. But second, we simultaneously prepare a powerful case for probation. From day one, we are building the arguments and gathering the evidence needed to convince a judge that you do not belong in a prison cell. This forward-thinking strategy is essential.
A Trial Lawyer Who is Not Afraid of a Fight
The best outcomes are often secured because the prosecutor knows your lawyer is a credible threat in the courtroom. I prepare every case for a jury trial. This aggressive preparation and readiness to fight often leads to better plea offers, including dismissals or pleas to lesser, non-felony offenses. And if we have to go to trial, we will be ready to win.
Your Personal Guide and Warrior
From our first conversation until your case is resolved, I will be your dedicated partner in this fight. I will handle every aspect of your case personally. You will not be passed off to a junior associate. I will answer your questions, calm your fears, and stand beside you in court. I understand this is the most difficult challenge of your life, and I will bring the full force of my skill and experience to protect your future.