2nd Degree Criminal Sexual Conduct Dismissal in Hennepin County

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.

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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 Criminal Defense Attorneys 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.)

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.
Minnesota recently passed a public safety bill that brings sweeping changes to the state’s juvenile justice system. While minors sometimes run afoul of the law, the juvenile justice system seeks to account for the differences between children and adults. Therefore, while the penalties for adults convicted of crimes focus on punishment, those for juveniles are aimed at diversion and restorative practices.