Max Keller was successful in getting a 2nd degree criminal sexual conduct charge dismissed after beginning to pick a jury in Minneapolis, Hennepin County. Our client was accused of touching his granddaughter on her butt under her clothing and kissing her and sticking his tongue in her mouth. As a result of the accusations, the 13-year-old girl was interviewed by CornerHouse. After the 13-year-old complainant was interviewed, the Hennepin county attorneys office charged our client with 2nd degree criminal sexual conduct (“CSS”). After many different offers given by the Hennepin County Attorneys Office, our client decided to proceed to a jury trial and rejected all of the offers given to him. On the evening after the first day of jury selection, the county attorney’s office dismissed all charges.
What is 2nd Criminal Sexual Conduct?
Our client was charged with criminal sexual conduct in the 2nd degree – victim under 13 – Actor > 36 months old , in violation of Minn. Stat. § 609.343.2(a). The statute lays out several ways that someone can be charged with 2nd degree CSC, such as having sexual contact when:
- the actor causes personal injury to the complainant, and either of the following circumstances exist:
- the actor uses force or coercion to accomplish the sexual contact; or
- the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
- – the actor is aided or abetted by one or more accomplices within the meaning of section 05, and either of the following circumstances exists:
- an accomplice uses force or coercion to cause the complainant to submit; or
- an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
- the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense; or the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and: (i) the actor or an accomplice used force or coercion to accomplish the contact;(ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time.
With the dismissal of charges, our client was saved from a potential 25-year prison sentence. If you have been charged with a sexual harassment claim such as 2nd degree criminal sexual conduct please contact Max Keller. If convicted of sexual harassment or criminal sexual conduct, you may be facing substantial prison time. The attorneys at Keller Law Offices are ready to help you with the sexual harassment allegations against you. They have helped other people in the same situation as you, in counties all over Minnesota. Some defenses may include consent, alternate perpetrator, or mistake of age. The attorneys will be able to see if there is a valid defense to the charges. The attorneys have handled many sexual harassment cases throughout Minnesota and have won jury trials. Max Keller offers a free consultation. Call today at 612-210-0629 or visit the firm’s website at kellerlawoffices.com. This is the second 2nd degree criminal sexual conduct case that our office received dismissals on in 2017 (prior 2nd degree CSC dismissal was in Morrison county, Minnesota.)