A Minnesota Defense Lawyer on CSC 3 Charges Under § 609.344, the Severe Felony Penalties, and How to Fight for Your Freedom.
The ground has vanished from beneath your feet. You’ve been charged with Third-Degree Criminal Sexual Conduct (CSC 3) in Minnesota, a serious felony that has instantly plunged your life into crisis. A detective’s phone call, the slam of a car door during an arrest, or a summons arriving in the mail has shattered your sense of security. You are now facing a legal battle against the full power of the state, with the threat of a long prison sentence and lifetime consequences looming over you. This accusation may be the result of a terrible misunderstanding, a consensual relationship that has been wrongfully criminalized, or a vindictive lie designed to destroy you. But in the eyes of the prosecution, the story is already written, and you have been cast as the villain.
You must understand that while this charge is incredibly serious, it is not the same as a First or Second-Degree offense. The legal distinctions are subtle but critical, and they can mean the difference between a decade in prison and the possibility of keeping your freedom. This is not a time for panic or surrender; it is a time for strategic, powerful action. As a criminal defense attorney who has navigated these complex and sensitive cases for clients across Minnesota—in Minneapolis, St. Paul, Rochester, Duluth, and the surrounding counties—I know where the state’s case is vulnerable. I know how to fight, and I am ready to stand with you. Your future depends on the battle we wage today.
What Third-Degree Criminal Sexual Conduct Actually Means in Minnesota
Criminal Sexual Conduct in the Third Degree is a severe felony charge in Minnesota, positioned just below the most serious sex offenses. It criminalizes sexual penetration when combined with specific aggravating circumstances that the law deems less severe than those in first-degree cases—for instance, situations involving coercion rather than overt force, or specific age-gap scenarios. A “Minnesota CSC 3 charge” still carries the potential for a long prison sentence and mandatory sex offender registration, making it a life-altering event.
When “facing a CSC 3 accusation,” the specifics matter immensely. The prosecution may be alleging you used subtle threats or manipulation (“coercion”) to accomplish the act. They might claim you had sex with someone who was mentally incapacitated due to alcohol or drugs. Or, the charge could stem from a consensual relationship with a teenager where the age difference between you and the other person falls into a range that the law automatically criminalizes, regardless of consent. Understanding the precise allegation is the first step in building a powerful defense against it.
Minnesota Law on CSC 3 — Straight from the Statute
The law that defines the charge against you is Minnesota Statute § 609.344. It is a complex statute that outlines the various circumstances under which sexual penetration becomes a third-degree felony. Unlike the higher-degree offenses, this law contains important nuances and even a specific affirmative defense related to mistake of age in certain situations. Reading the statutory language is crucial to understanding the legal battlefield where your future will be decided.
Below are key excerpts from the statute that define this serious crime:
609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:
(a) the actor uses coercion to accomplish the penetration;
(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 penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the third 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 24 months older than the complainant…
(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 36 months older than the complainant and 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 15 years or to a payment of a fine of not more than $30,000, or both…
Breaking Down the Legal Elements of Third-Degree CSC in Minnesota
For the government to convict you of this felony, they can’t just point fingers. They must prove, with evidence, two distinct components beyond a reasonable doubt: the sexual act itself and a specific aggravating factor listed in the CSC 3 statute. Your defense will be a focused assault on the prosecution’s ability to prove these elements. If we can show their evidence is weak, their witnesses are unreliable, or their theory is flawed, we can create the reasonable doubt needed to win your freedom.
- The Act: Sexual PenetrationLike most felony-level CSC charges, the core act the state must prove is “sexual penetration.” The legal definition is broad, covering any intrusion of a body part or object into the genital or anal opening, however slight. This element is often not the main point of contention, especially if you knew the accuser and do not deny that an encounter occurred. The entire case often hinges not on what happened, but on the circumstances surrounding it.
- The Aggravating CircumstanceThis is what makes the act a third-degree felony. The prosecutor must prove one of the specific situations outlined in § 609.344 existed. Common examples include:
- Coercion: You used words or actions to manipulate or subtly threaten the complainant into submitting. This is a vague and highly subjective standard that is ripe for a strong defense.
- Mental Incapacity: The complainant was unable to consent because they were passed out, asleep, or so intoxicated that they couldn’t understand the nature of the act.
- Specific Age Gap: The complainant was a minor and the age difference between you fell into a prohibited range (e.g., you are more than 24 months older than a 14- or 15-year-old). In these cases, consent is not a defense.
- Position of Authority: You had a professional or significant relationship of trust with a 16- or 17-year-old.
Penalties for a CSC 3 Conviction in Minnesota Can Be Severe
A conviction for Third-Degree Criminal Sexual Conduct is a serious felony that will permanently alter your life. The penalties are severe and include the possibility of a long prison sentence, substantial fines, and a requirement to register as a sex offender. The “Minnesota sentencing for CSC 3” is not something to be taken lightly. However, there is a critical distinction between this charge and higher-level offenses that creates a vital opportunity in your defense—an opportunity we must fight to seize.
Maximum Penalty of 15 Years in Prison
A conviction for CSC 3 carries a maximum sentence of up to 15 years in a Minnesota state prison and a fine of up to $30,000. While 15 years is the statutory maximum, the sentence you would actually face is determined by Minnesota’s Sentencing Guidelines, which take into account your criminal history. For a first-time offender, the presumptive sentence is typically a stayed sentence or a shorter period of incarceration, but a long prison term is always a real and terrifying possibility.
No Presumptive Prison Sentence: A Critical Distinction
This is the most important fact about a CSC 3 charge. Unlike CSC 1, which carries a presumptive executed sentence of 12 years in prison, CSC 3 does not. This means a judge is not legally required to send you to prison upon conviction. The judge has the discretion to “stay” the prison sentence and place you on probation instead. This makes the quality of your legal defense absolutely paramount. Your lawyer is not just fighting about guilt or innocence; they are fighting to persuade a judge that you deserve to remain free.
Sex Offender Registration and Other Consequences
Even if you avoid prison, a conviction will almost certainly require you to register as a sex offender, often for a minimum of 10 years, but potentially for longer depending on the circumstances. You will also be subject to a period of “conditional release” after you complete your sentence. This is a form of intensive parole that can last for 5 or 10 years, subjecting you to strict rules and supervision.
What CSC 3 Looks Like in Real Life — Common Scenarios in Minnesota
These charges frequently arise from nuanced and complicated human interactions that the black-and-white letter of the law struggles to accommodate. A relationship, a night of drinking, or a messy breakup can spiral into a felony accusation that threatens to consume your life. These scenarios play out in every community in Minnesota, from college towns to quiet suburbs.
The prosecution will present a simple narrative, but reality is never that clean. Your story and your side of what happened must be told.
The “Coercion” Accusation After a Messy Breakup in St. Paul
You were in a long-term, intense, and sometimes volatile relationship in St. Paul. After a final, bitter breakup, your ex-partner accuses you of a pattern of “coercion,” claiming you used emotional pressure, guilt, or subtle threats to initiate sexual encounters in the past. They aren’t alleging violent force, but this vague claim of coercion is enough for the Ramsey County Attorney to charge you with a felony, turning your relationship history into evidence against you.
The College Party and “Incapacity” in St. Cloud
You are a student at a party in St. Cloud. You and another student are both drinking heavily and end up having a sexual encounter. The next day, the other person, feeling regretful or pressured by friends, reports to the police that they were too intoxicated to consent. Even if you were also intoxicated and genuinely believed the encounter was mutual, you are now charged with CSC 3 for having sex with a person the state claims was “mentally incapacitated.”
The Prohibited Relationship in Rochester
You are a respected professional in Rochester—perhaps a therapist, doctor, or pastor. You develop a close relationship with a patient or client, and eventually, that relationship becomes sexual. Even if the person is an adult and the encounter was fully consensual, Minnesota law defines this as a “prohibited occupational relationship.” The act is a strict liability felony under CSC 3. Your career is over, and you are facing prison time.
The Teenage Romance Criminalized in a Suburb
You are an 18-year-old high school student in Eagan, and you are in a serious, consensual relationship with a 15-year-old classmate. Because you are more than 24 months older than your partner, Minnesota law automatically criminalizes your relationship. Your girlfriend’s or boyfriend’s consent is not a defense. A relationship that feels normal in the hallways of your school is now the basis for a felony charge that could follow you for the rest of your life.
Legal Defenses That Might Work Against Your CSC 3 Charge
Being charged with a felony like CSC 3 is terrifying, but it is not a conviction. The prosecution has the entire burden of proving its case, and their evidence is often far weaker than it appears. As your defense attorney, my mission is to expose those weaknesses, to challenge the accuser’s story, and to build a powerful case for your side. We will not sit back and let the state dictate the narrative. We will fight back with facts, with evidence, and with a strategy designed to protect your freedom.
A strong defense starts with a meticulous investigation. We will subpoena communications, interview witnesses, analyze the police investigation for errors, and consult with experts if necessary. We will explore every avenue for a dismissal, an acquittal, or a resolution that keeps you out of prison and preserves your future. There are numerous ways to fight a Minnesota CSC 3 charge.
It Was Consensual / There Was No Coercion
In many CSC 3 cases involving adults, the central issue is consent. The state may allege you used “coercion,” which is a vague and subjective term. Our defense will be to prove the encounter was fully consensual.
- Defining Coercion: Coercion requires the state to prove you used threats of a “retaliatory nature” to overcome the will of the complainant. It is more than just convincing someone or being persistent. We will argue that your actions do not meet this high legal standard and that the complainant’s will was never overcome.
- Evidence of Consent: We will use the entire history of your communication with the accuser—text messages, social media, emails—to show a pattern of mutual, consensual interaction. Actions and communications from the accuser after the alleged incident are especially powerful in demonstrating that they did not feel coerced or victimized at the time.
The Complainant Was Not “Mentally Incapacitated”
When the state alleges incapacity due to intoxication, they must prove the person was unable to make a reasoned judgment. This is a high standard that is often difficult for prosecutors to meet.
- Capacity to Consent: We can use witness testimony from others at the party or bar to establish that the complainant did not appear overly intoxicated. Did they walk and talk normally? Were they engaging in coherent conversations? This evidence can show they were capable of consenting.
- Your Own Intoxication: While not a complete defense, your own level of intoxication can be relevant to whether you could have reasonably known the other person was incapacitated. If you were both drinking, it can be argued that you lacked the required knowledge for a conviction.
False Allegations and Ulterior Motives
As with any sex crime charge, the possibility that the accusation is a lie is very real. The accuser may have a powerful reason to fabricate a story.
- Exposing a Motive to Lie: Is the accuser trying to gain leverage in a divorce? Are they seeking revenge after a bad breakup? Are they trying to cover up their own infidelity? We will investigate every aspect of the accuser’s life and relationship with you to expose any motive to make a false report.
- Challenging Credibility: We will put the accuser’s story under a microscope. Any inconsistencies between their initial report to police and their later testimony can be used to destroy their credibility. We will show the judge or jury that their word cannot be trusted.
Affirmative Defense: Mistake of Age
The CSC 3 statute contains a rare and valuable defense. If you are charged with having sex with a 14- or 15-year-old and you are not more than 60 months (5 years) older, you can argue an “affirmative defense.”
- Reasonable Belief: This defense requires us to prove, by a preponderance of the evidence, that you reasonably believed the complainant was 16 years of age or older. We can use evidence like their statements about their age, a fake ID they may have used, or their mature appearance to support your reasonable belief. This is a unique opportunity built directly into the law that can lead to a full acquittal.
Minnesota CSC 3 FAQs — What You Need to Know Now
What is the biggest difference between CSC 1 and CSC 3?
The two biggest differences are the aggravating circumstances and the penalty. CSC 1 involves more serious circumstances like causing great bodily harm, using a weapon, or very large age gaps. Most importantly, CSC 1 carries a 12-year presumptive prison sentence, while CSC 3 does not. This gives a judge much more discretion to sentence you to probation on a CSC 3 conviction.
What exactly does “coercion” mean in Minnesota?
Coercion is defined as using words or circumstances that cause the complainant to submit to the act out of a fear of “retaliation.” The threat doesn’t have to be of physical harm; it can be a threat to harm their reputation, job, or relationships. It’s a vague standard, which makes it very defensible.
Can I really avoid prison if I’m convicted of CSC 3?
Yes, it is legally possible. Because there is no presumptive prison sentence, a judge can grant a “stay of execution” and place you on probation. Achieving this outcome is the primary goal in many CSC 3 cases and depends entirely on the strength of the arguments your lawyer makes at sentencing.
Is it a defense if I honestly thought the person was 16?
In some very specific cases, yes. If the complainant was 14 or 15 and you are less than 5 years older than them, you can present an “affirmative defense” that you reasonably believed they were 16. This is a unique defense that requires careful legal strategy to present effectively.
Will I have to register as a sex offender if convicted of CSC 3?
Yes, a conviction for CSC 3 will require you to register as a predatory offender. The typical registration period is 10 years, but it can be longer depending on the specifics of the case and your assessed risk level.
Do I need a lawyer for a felony CSC charge in Ramsey County?
Without a doubt. You are facing a felony conviction and a potential 15-year prison sentence. You absolutely must have an experienced private criminal defense lawyer who is familiar with the Ramsey County courts and knows how to fight these specific charges.
What if the person was drinking but I thought they were fine?
This is a common scenario. The state has to prove the person was so intoxicated they were legally “incapacitated.” We can fight this by presenting evidence that they were functioning normally, communicating clearly, and appeared capable of making their own decisions.
What if my case is just my word against theirs?
Many of these cases come down to a credibility contest. In such a situation, the skill of your attorney in cross-examining the accuser and presenting your side of the story is paramount. We work to find any piece of corroborating evidence to support your version of events and create reasonable doubt.
What is a “position of authority”?
This is a broad term that includes formal roles like teachers, coaches, and doctors, but also informal relationships where you have a position of trust or influence over a minor, such as a mentor, a youth group leader, or even a boss at a teenager’s first job.
Can I get a CSC 3 charge dismissed?
Yes, a dismissal is always the primary goal. We can achieve a dismissal if we can show the state’s evidence is too weak, that police violated your constitutional rights, or by uncovering definitive proof that the allegation is false.
How does this charge affect my career?
A felony conviction, especially for a sex crime, is devastating to any career. You will likely be fired from your current job and find it nearly impossible to find new employment. If you have a professional license (as a nurse, teacher, lawyer, etc.), it will almost certainly be revoked.
What is the first step I should take?
Do not speak to the police. Exercise your right to remain silent. Then, call an experienced Minnesota criminal defense attorney immediately. The sooner I can get involved, the more I can do to protect you and start building your defense.
What if I am completely innocent?
The legal system does not always get it right. If you are innocent, you must fight. We will work tirelessly to gather the evidence to prove your innocence, such as alibis, digital evidence, and testimony that exposes the falsity of the accusation.
What is a “stay of execution”?
This is a legal term for when a judge sentences you to prison but then “stays” or suspends the execution of that sentence. Instead, the judge places you on probation. If you successfully complete probation, you never have to serve the prison time. This is often the best possible outcome after a conviction.
Will this charge affect my family law case?
Yes, dramatically. A pending CSC charge, or a conviction, will be used against you in any divorce or custody proceeding. Your contact with your children may be suspended or limited to supervised visitation.
What a CSC 3 Conviction Could Mean for the Rest of Your Life
Even without a presumptive prison sentence, a conviction for Third-Degree Criminal Sexual Conduct is a catastrophic event that will permanently limit your future. The label of “felon” and “sex offender” will follow you everywhere, creating barriers to the most basic components of a normal life. This is what we are fighting to prevent.
The Risk of a Long Prison Sentence
While not mandatory, a prison sentence of up to 15 years is still very much on the table. A judge could decide that the facts of your case warrant incarceration. Losing years or even a decade of your life to prison is a devastating possibility that will hang over you throughout the entire legal process. The primary goal is to take that possibility off the table entirely.
Ten Years or More on the Sex Offender Registry
A conviction means registering as a sex offender for at least 10 years, and potentially longer. This involves reporting to law enforcement, having your information available to the public, and living under strict rules. You will face restrictions on where you can live and work. This public stigma can destroy your relationships and make it impossible to move on with your life, even after your sentence is complete.
A Permanent Felony Record and a Bleak Future
The felony on your record will be a permanent red flag on every background check for jobs, housing, and even volunteer opportunities. You will be barred from many careers and will find it incredibly difficult to find an employer willing to look past the conviction. Securing a lease for a good apartment or a loan for a house will become a monumental challenge.
Loss of Your Civil Rights
A felony conviction in Minnesota means you will lose your civil rights. You will lose the right to vote until you have completed your sentence, including any probation or parole. Most significantly, you will lose your right to own or possess a firearm for the rest of your life. This is a permanent consequence of a felony conviction.
Why You Need a Tough, Experienced Minnesota CSC Attorney
When you are facing a CSC 3 charge, the quality of your lawyer is everything. The line between prison and probation is often drawn by the skill, preparation, and persuasiveness of your defense attorney. You need someone who not only knows the law but who knows how to fight for you as a person. This is not a case for a lawyer who is just going through the motions; you need a dedicated advocate.
Fighting for Probation, Not Just Pleading for It
The possibility of a probationary sentence on a CSC 3 conviction is not a gift; it is an outcome that must be fought for and won. I don’t just ask judges for leniency; I build a comprehensive case for it. We will present a detailed social history, gather letters of support from your community, and develop a proactive treatment plan to show the judge that you are not a threat and that a prison sentence is not necessary. We fight for a stay of execution from a position of strength.
A Master of Negotiation and Trial Strategy
Many CSC 3 cases are resolved through negotiation, but the best deals are only offered when the prosecutor knows you have a lawyer who is fully prepared and willing to go to trial. I prepare every case for a jury, dissecting the state’s evidence and building our defense. This aggressive preparation puts us in the strongest possible position to negotiate a favorable outcome, such as a plea to a lesser charge or even a full dismissal. And if the state refuses to be reasonable, we will be ready to win in the courtroom.
Deep Knowledge of Minnesota’s CSC Laws and Courts
The nuances of Minnesota’s Criminal Sexual Conduct statutes are incredibly complex. I have dedicated my career to mastering these laws and defending clients against these specific charges in courtrooms across the state. I know the local prosecutors in Hennepin County, Ramsey County, and beyond. I know the judges and what arguments are persuasive to them. This on-the-ground experience is an invaluable asset in your defense.
A Personal Commitment to Your Freedom
When you hire me, you are not hiring a large, impersonal law firm. You are hiring me, and you will have my full attention and personal commitment. I understand the fear and anxiety that a charge like this brings, and I will be your guide and your warrior through every step of this terrifying process. I will answer your calls, explain your options, and stand by your side until this fight is over. Your future is my cause, and I will fight for it relentlessly.