MINNESOTA LAWS
What the law allows vs. what Minnesota actually presumes.
Minnesota statutes set the maximum penalty for a crime. The Minnesota Sentencing Guidelines set the sentence a judge is expected to give, based on how serious the offense is and the offender’s criminal history. The gap between the two can be enormous.
THE GAP
Maximum penalty vs. the presumption for a first offense
For several child-related sex offenses, the statute allows years in prison, but the Sentencing Guidelines presume probation for someone with little or no criminal history. A judge can depart from the presumption, but must state substantial and compelling reasons.
CSC 2nd or 3rd degree based on the victim’s age
Severity Level D · Statutory maximum: Up to 25 years · Guidelines presume: Probation at criminal history 0–1 (36- to 48-month stayed sentence)
CSC 4th degree based on the victim’s age
Severity Level F · Statutory maximum: Up to 10 years · Guidelines presume: Probation at criminal history 0–2 (18- to 36-month stayed sentence)
Possession of child sexual abuse material
Severity Level G · Statutory maximum: Up to 5 years (10 if repeat or registered offender) · Guidelines presume: Probation at criminal history 0–3 (15- to 30-month stayed sentence)
CSC 5th degree, nonconsensual penetration
Severity Level H · Statutory maximum: Up to 2 years · Guidelines presume: Probation at criminal history 0–4
Based on the Minnesota Sex Offender Grid effective August 1, 2025. A stayed sentence means the prison term is suspended while the offender serves probation; the court may order up to 364 days in local jail as a condition.
THE SEX OFFENDER GRID
How Minnesota decides a presumptive sentence
Find the row for the conviction offense and the column for the offender’s criminal history score. That cell is the presumptive sentence in months. Tap any cell below to see what it means.
The conviction offense sets the severity level (rows A–I).
Prior record sets the criminal history score (columns 0–6+).
The cell gives the presumptive sentence and whether prison is presumed.
A plea agreement can change the offense, and the row, before any of this happens.
Not on the grid: certain repeat or aggravated sex offenses carry mandatory life sentences under Minn. Stat. § 609.3455. Failure to register carries a mandatory minimum of one year and one day. Source: Minnesota Sentencing Guidelines Commission
Presumptive sentence in months · criminal history score across the top · effective August 1, 2025
STAY = presumptive probation (prison term suspended; up to 364 days local jail may be ordered). PRISON = presumptive prison; about two-thirds is served in prison and one-third on supervised release. Source: Minnesota Sentencing Guidelines Commission.
THE STATUTES
Minnesota’s laws on sexual abuse and exploitation
Plain-English summaries of the main criminal statutes. These are summaries, not legal advice. Each links to the full, current text from the Minnesota Revisor of Statutes.
Criminal sexual conduct, 1st degree
MINN. STAT. § 609.342
Sexual penetration, or contact with a child under 13, in the most serious circumstances, including young victims with a significant age gap, force or injury, weapons, and abuse by someone in a position of authority.
Maximum: 30 years and $40,000 · Grid: Level A. Prison presumed at every criminal history score; 144-month minimum presumption. Read the statute
Criminal sexual conduct, 2nd degree
MINN. STAT. § 609.343
Sexual contact under the same kinds of aggravating circumstances as 1st degree, including the victim’s age and position of authority.
Maximum: 25 years and $35,000 · Grid: Level B, or Level D for certain age-based circumstances, where probation is presumed at low criminal history. Read the statute
Criminal sexual conduct, 3rd degree
MINN. STAT. § 609.344
Sexual penetration involving force or coercion, a victim aged 13 to 15 with an age gap, a position of authority, or other listed circumstances.
Maximum: 15 years and $30,000 (5 years in some age-gap cases) · Grid: Level C, D or G depending on the circumstance. Read the statute
Criminal sexual conduct, 4th degree
MINN. STAT. § 609.345
Sexual contact involving force or coercion, a young victim with an age gap, a position of authority, or other listed circumstances.
Maximum: 10 years and $20,000 · Grid: Level E or F. Probation presumed at criminal history 0–2. Read the statute
Criminal sexual conduct, 5th degree
MINN. STAT. § 609.3451
Nonconsensual sexual contact or penetration, and lewd exhibition in the presence of a child under 16.
Maximum: Gross misdemeanor; felony up to 2 years for penetration, up to 7 years for repeat offenses · Grid: Level H (penetration) or F (repeat). Read the statute
Sexual extortion
MINN. STAT. § 609.3458
Compelling sexual contact or penetration through threats, including threats to share private sexual images. Online sextortion of children is often charged under the child-pornography and solicitation statutes below.
Maximum: 15 years and $30,000 (penetration); 10 years and $20,000 (contact) · Enacted 2021. Subject to conditional release. Read the statute
Solicitation of children
MINN. STAT. § 609.352
Soliciting a child, or someone believed to be a child, to engage in sexual conduct, including through electronic communication, and distributing sexual material to a child.
Maximum: 3 years and $5,000 · Online sting cases are charged under this statute. Read the statute
Use of minors in a sexual performance
MINN. STAT. § 617.246
Using, promoting, or employing a minor to create sexual images or performances.
Maximum: 10 years and $20,000; 15 years and $40,000 for repeat offenses · Frequently charged in sextortion cases involving minors. Read the statute
Possession and dissemination of child sexual abuse material
MINN. STAT. § 617.247
Possessing or distributing sexual images of minors.
Maximum: Possession: 5 years (10 if repeat or registered). Dissemination: 7 years (15 if repeat or registered). · Possession: Grid Level G. Probation presumed at criminal history 0–3. Read the statute
Sex trafficking
MINN. STAT. § 609.322
Soliciting, inducing, promoting, or receiving profit from the prostitution of another person, with higher penalties when the victim is under 18.
Maximum: Up to 20 years and $50,000 for victims under 18; up to 25 years with aggravating factors · Ranked on the standard grid; wider ranges apply. Read the statute
Predatory offender registration
MINN. STAT. § 243.166
Requires people convicted of listed sex offenses to register their address, employment, vehicles, and online identifiers, generally for 10 years or for life.
Maximum: Failing to register: felony, up to 5 years; mandatory minimum of 1 year and 1 day · Grid: Level I. Prison presumed at every score. Read the statute
Dangerous sex offenders and conditional release
MINN. STAT. § 609.3455
Mandatory life sentences for certain heinous or repeat sex offenses, and conditional release periods of 10 years or life after prison.
Maximum: Life imprisonment for qualifying offenses · Mandatory life cases are excluded from the grid. Read the statute
Key terms
Criminal sexual conduct (CSC)
Minnesota grades sex crimes from 1st degree (most serious) to 5th degree, based on factors like penetration vs. contact, force or injury, the victim’s age, and whether the offender held a position of authority.
Stayed sentence
A cell in the grid where the expected sentence is probation. The prison term is pronounced but suspended. If the offender violates probation, the judge can send them to prison for that term.
Dispositional departure
When the guidelines presume prison, but the judge orders probation instead. The judge must state substantial and compelling reasons on the record.
Durational departure
When the judge orders a prison term shorter than the guidelines’ discretionary range. An aggravated departure goes the other way: longer than the range, or prison when probation is presumed.
Criminal history score
Points for an offender’s prior record, mainly prior felony convictions weighted by severity, plus custody status at the time of the offense and some prior misdemeanors and juvenile adjudications. A first-time offender usually has a score of 0.
Statutory maximum vs. presumptive sentence
The statute sets the ceiling. The guidelines set the presumption. For some offenses at low criminal history scores, the grid presumes a stayed sentence, so probation is the expected outcome unless the judge departs.
Plea agreements
A plea can change which offense the person is convicted of, which changes the grid row. Dismissed counts don’t add to the criminal history score. Prosecutors may also agree to cap their sentencing recommendation.
OUR WORK ON SENTENCING
We research sentencing policy, compare Minnesota with other states, and advocate for laws that reflect the seriousness of crimes against children.
Legal summaries are for public education, not legal advice. Always refer to the official statutes and guidelines.