All About Minnesota’s Age of Consent Statutes

Age of Consent Under Minnesota Law

Minnesota’s statutory rape laws, which include Minnesota Statute 609.343, list the ages of consent in two places. Minn. Stat. § 609.3453 provides the following:
Subdivision 3. Penalty; degree of offense. (a) A person is guilty of first-degree sexual conduct and may be sentenced to imprisonment for not more than 30 years, payment of a fine of not more than $40,000, or both if:

(1) the person is over 18 years of age and has a significant relationship with the complainant and the complainant is at least 13 years of age when the act is committed;
(2) the complainant is at least 13 years of age when the act is committed and the actor uses force or coercion to accomplish the sexual penetration;
(3) the actor is more than 36 months older than the complainant and the complainant is at least 13 years old; or
(4) the complainant is at least 16 years old when the act is committed, the actor is in a position of authority and the complainant is at least 16 years of age.

(b) A person convicted under this subdivision may be sentenced to community service imposed in addition to any other sentence or fine authorized by law.
Minnesota Statute 609.3451 further refines the statutory rape laws for Minnesota, and specifically provides that:
Subd. 2. Offenses committed against minors; degree of offense. A person who is under 16 years of age is not criminally responsible for the person’s conduct if the person engaged in sexual penetration or sexual contact with another person within 48 months of the person if the other person was not more than 48 months older than the person engaging in the sexual contact or sexual penetration and:

(1) the person and the other person were each acting in the capacity of a volunteer, employee, or contractor of a public or private youth program; or
(2) the person acted in the capacity of a volunteer, employee, or contractor of a public or private youth program and the other person is an adult member of the program.

A prosecuting authority shall not commence a prosecution concerning an offense under subdivision 1 or 2 more than 90 days after the prosecutor knows the crime has been committed.
Minn. Stat. § 609.343 provides the following:

609.343 CRIMES AGAINST CHILDREN

(a) Accused. The person knew or had reason to know that the complainant was a minor.
(b) Defenses.

(1) It is a defense that the complainant was at least 16 years of age.
(2) If the complainant has previously or on more than one previous occasion been convicted of an unlawful sexual offense , the defendant is guilty if the defendant had reason to know that the complainant was a minor.
(3) It is a defense that the actor reasonably believed the complainant to be 16 years of age or older.

(1) A violation of subdivision 2 or 3 is a felony and is subject to the 25-year sentencing provisions of section 609.3455. Sentences imposed under this clause shall be consecutive to sentences imposed under any other provision of law.
(2) A violation of subdivision 4 is a felony and is subject to the 15-year sentencing enhancement provisions of section 609.3455, subdivision 3. Sentences imposed under this clause shall be consecutive to sentences imposed under any other provision of law.
(3) A violation of subdivision 1 is a felony. The court may sentence the convicted person to a period of imprisonment of not more than six months, payment of a fine of not more than $3,000, or both. The court, in its discretion, may sentence the convicted person to sentence to probation, which may include treatment and rehabilitation as the court deems appropriate.

Minn. Stat. § 609.3435 provides the following:

609.3435 EXCEPTIONS AND AFFIRMATIVE DEFENSES

Subdivision 1. Fresh and timely complaint required. In the trial of a person charged with a violation of section 609.343, 609.344, 609.345, 609.3451, or 617.246, in the absence of an objection by the defendant, the court shall admit evidence of a fresh and timely complaint made by the victim of the alleged offense. The complaint must have raised in the mind of the defendant at the time the complaint was made a prudent and reasonable expectation or belief that the objecting witness did not desire to have sexual intercourse with the defendant. Objections to the testimony on the ground that the foundation for the introduction of the evidence has not been laid shall therefore not lie. The substantive rules of evidence shall apply.

How the Age of Consent Has Changed Over Time

Although the age of consent for sexual acts in Minnesota has remained fairly constant in current years, the law has evolved significantly over time. Some historical context can help both juvenile and adult offenders understand the current legal landscape. Interestingly, though, it is sexual acts between minors that have prompted the strongest attitudinal change over the course of legislative history. In 1999, the Minnesota Supreme Court struck down a provision that made it illegal for a person under the age of 16 to engage in sexual acts with a person more than three years older. The court reasoned on constitutional grounds that a law regarding consent should involve a broad evaluation of individual circumstances and that statutory restrictions based on age alone unfairly punished a minor without regard for the specific facts of the situation. Arguably, this ruling exemplified an increasingly lenient view of sexual relationships involving minors. Nonetheless, the legislature responded: in 2000 it enacted a provision making sexual penetration by a person under the age of 13 a felony regardless of the age of the other individual and exempting the relationship from statutory defenses to charges of criminal sexual conduct. This act signaled a refusal to accept, or at least a recognition of the dangerousness of, any notion that peer-to-peer sexual activity was a harmless rite of passage. It has remained the law of the land ever since. Legislative changes concerning sexual acts involving minors were accompanied by a severe uptick in the penalties for sexual acts involving adults. In 1992, the legislature classified first-degree criminal sexual conduct as a "violent offense," which triggered substantially harsher penalties for repeat offenders and those who victimize vulnerable adults or kids under age 13. Same-category offenses also received enhanced penalties. Furthermore, the legislature made kidnapping, false imprisonment, and solicitation of children to engage in sexual conduct and sex trafficking into possible predicate offenses for a conviction of first-degree criminal sexual conduct.

Criminal Charges for Non-Compliance with the Age of Consent

Even in the craziest of circumstances, "consent" is a well-known and understood concept. Consent is accepted even among very young children, because if they’re old enough to touch a hot stove, they’re old enough to know that the stove is hot and should be left alone. They also know to show consent for what they see as desirable. If Johnny wants to borrow a toy to play with, little Sally knows that she should say "no" to him so he goes to try to take it, then she’ll say "yes" in exchange for something she wants, like a bag of gummy bears. That’s the basis for consent – yes, they truly exist among even very young children.
Consent doesn’t become blurry until they’re teenagers. By the time they’re teenagers, they want to try everything. They want to be out all hours of the night, go to parties and hang out with friends. So they leave the rules of their parents in their dust, and the landscape for consent becomes touchier than ever.
Consent laws in Minnesota state that anyone under 16 cannot consent to sexual activity with anyone who is more than 24 months (two years) older than them. So if Sally is 14 and wants to have sex with Johnny, but Johnny is only 16, then they’re in the clear. But if Johnny is 19 when they have sex, he’s a criminal.
The difference between a teenager doing something dumb and a criminal charge is that those charges can follow them for a long time. Sex crimes are taken seriously by law enforcement and prosecutors, and it’s tough for someone with a sex crime on their record to get credit cards, jobs and housing.
There are three categories of sex crimes in the state of Minnesota: gross misdemeanor, felony and first degree sex offense. If you’ve been charged with an offense, regardless of which category, the consequences go along with it in those categories. A gross misdemeanor is a crime punishable by a maximum sentence of one year in prison and a $3,000 fine. Felony and first degree sex offenses are much more severe and carry longer prison sentences and higher fines.

Exceptions and Special Cases to the Age of Consent

There are some exceptions to Minnesota’s consent laws, such as "close in age" exemptions for young people and certain ages or circumstances regarding marriage where individuals may be viewed as at least giving some form of expressed consent. Minnesota statutes cover many of these possibilities and situations:

Close-in-age exemptions. The laws provide exemptions for young adults who are within two years of each other. Thus, if the parties were within 2 years of each other, and persons aged 24-16, there may be no crime. However, a parent can object and ask for the prosecution; and even if there is no prosecution, a person can always grant a civil lawsuit. A close-in-age gap begins at 16 years old, and there are some well-publicized circumstances where a Utah man was prosecuted with serious felony charges after reporting the situation, so even "consensual" conduct can bring charges – so be sure you are familiar with the exceptions to help avoid any misunderstandings or complications.
Age of majority. It is important to understand that it is illegal for a person over the age of 18 to have sexual contact with someone less than 16, even if the consent is clearly given in all forms. For military personnel under 18, the law can be even more complicated due to the constraints of military law, and minors are basically considered "below the age of consent," making them protected from such contact with persons over the age of 18.
A marriage between those under the age of 18 is also recognized, as long as it is sanctioned by the state. In fact, those over the age of 16 and under the age of 21 need permission from parents or guardians, while anyone under the age of 16 needs permission from the courts.
Exceptions to the law exist for consensual sexual activity between persons aged who are 16 or 17 and exchange the same sex act with another person at least 18 years of age.
Another area of law that impacts consent is the state’s statutory rape laws. These laws strictly define sexual acts with those under the age of 18, strictly define these acts, etc.

How Other States Approach the Age of Consent

In some ways, Minnesota’s age of consent laws are like those in neighboring states, while in other ways they differ significantly. Like Iowa to the south, the legal age in Minnesota to agree to have sex is 16 years old. Like North Dakota and Canada to the northwest and like Wisconsin to the southeast, the legal age to agree to have sex in Minnesota is 16 years old, and there is no close-in-age exemption like "Romeo & Juliet" laws that exist in some states. Minnesota law is unlike those states in that people who are between 13 and 15 years old can agree to have sex if the other person is not more than 24 years old , and those who are between 13 and 19 years old can agree to have sex with another person who is not more than two years older than they are.
Minnesota law is unlike North Dakota and Canada in that it does not have a peer-age exemption to its laws which allows a 21-year-old teacher to date a 17-year-old student legally. Minnesota law is unlike Wisconsin law in that Minnesota law does not exempt drunken parties under 21 years of age from legal liability. Minnesota law is unlike Iowa and Canada in that it provides no defense that the victim was not injured. In Minnesota, injury happens by definition. Like Iowa, Minnesota does have a sentence enhancement for parties who are pregnant or have a disease that could spread an infection. It is a serious offense to infect someone with HIV/AIDs in Minnesota. These differences and similarities all have a bearing in closely examined fact patterns.
Minnesota law eventually has a peer-age exception that allows a 20-year-old man and a 19-year-old woman to engage in relations without punishment. The law against statutory sexual offenses consisted of four separate statutes, the last of which had been in effect since 1963.

What Teens and Parents Need to Know

A common mistake that teens make is assuming that their own state laws apply to all situations. Unfortunately, that may not be the case, especially when it comes to consent laws. In Minnesota, a minor must be 16 years of age or older in order to consent to a sexual relationship with an adult. If you’re not sure whether you have reached the age of consent, or if you are unsure of your partner’s age, it can be beneficial to talk to a lawyer. My general recommendation for teenagers is to get acquainted with their local sexual consent laws. Not only does this help answer any questions you have, but it also means that you can explain the legal implications of engaging in a sexual relationship with someone who is underage or overage for consent. Importantly, talking to your partner about consent laws can help you both avoid potential criminal charges in the future. Parents have a special responsibility when it comes to teenagers engaging in sexual relationships. Parents should take every opportunity to educate their children on consent laws, and should encourage their teens to ask questions if they’re unsure of something. Parents should also educate themselves on what it means for them if their child’s love interest is underage or overage for consent. It’s important to know how consent laws affect you as a parent, too! In Minnesota, consent laws can change from one county to the next; if you are still unsure about some aspects of consent laws, or if you would like to discuss a specific situation, please contact a local attorney for more information. If your partner is between the ages of 13 and 16, it’s a good idea to contact a lawyer to discuss the situation.

Where to Go for More Information

Information on the Minnesota Age of Consent statuary requirements can be found at the Minnesota Statute, section 609.344. The statute will set out age of consent requirements for sexual conduct along with exceptions. The Minnesota Department of Human Services has a short 24 page booklet on issues involving Sexual Offenses and Sex Offender Registration Laws. The Minnesota Department of Public Safety has a great page on sex offender registration not only outlining the registration process but also has links to many Minnesota laws . The United States Department of Justice has a great web page on Violent Crimes against women that includes information on Sexual Violence. The goal of the Department of Justice page is to enhance public knowledge about issues surrounding sexual violence and abuse. The Minnesota Department of Corrections has a page in their website dedicated to Sex Offenders, where you can find a variety of information such as what a sex offender faces or must do after released from prison or jail. The Minnesota Courts have a good Page on the Sexual Offender Registration requirements in Minnesota, including Sex Offender Legends, Registration and Notification Law.