1. LO E HAS AN AGE LIMIT Exploring the Complexities of Criminal Sexual Conduct Sky Jager, MN Department of Corrections Elizabeth Raile, Beltrami Area Service Collaborative

2. WHAT TO (AND WHAT NOT TO) EXPECT +A basic understanding of MN Criminal Sexual Conduct Codes (1 st - 5 th Degree) +A better understanding of M.S. §609.344 (3 rd Degree Criminal Sexual Conduct) +A general understanding of what your role is in identifying and reporting possible criminal sexual conduct -The ability to decipher 1 st -5 th degree criminal sexual conduct without error -The ability to define M.S. §609.344 in its entirety without error -The ability to categorize every hypothetical case into Black and White, bottom-line, crystal clear policies, procedures, and protocols

3. 609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE. §§ Subdivision 1.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 complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense; (b) the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case if the actor is no more than 120 months older than the complainant, it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not be a defense. Consent by the complainant is not a defense; (c) the actor uses force or coercion to accomplish the penetration; (d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; (e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and: (i) the actor or an accomplice used force or coercion to accomplish the penetration; (ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual penetration occurred: (i) during the psychotherapy session; or (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists. Consent by the complainant is not a defense; (i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist; (j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual penetration occurred by means of therapeutic deception. Consent by the complainant is not a defense; (k) the actor accomplishes the sexual penetration by means of deception or false representation that the penetration is for a bona fide medical purpose. Consent by the complainant is not a defense; (1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and: (i) the sexual penetration occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or (ii) the sexual penetration occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense; (m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system. Consent by the complainant is not a defense; (n) the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, and the sexual penetration occurred during or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense; or (o) the actor performs massage or other bodywork for hire, the complainant was a user of one of those services, and nonconsensual sexual penetration occurred during or immediately before or after the actor performed or was hired to perform one of those services for the complainant. §§ Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 may be sentenced:609.3455 (1) to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both; or (2) if the person was convicted under subdivision 1, paragraph (b), and if the actor was no more than 48 months but more than 24 months older than the complainant, to imprisonment for not more than five years or a fine of not more than $30,000, or both. A person convicted under this section is also subject to conditional release under section 609.3455.609.3455 §§ Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1, clause (f), the court may stay imposition or execution of the sentence if it finds that:609.3455 (a) a stay is in the best interest of the complainant or the family unit; and (b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If the court stays imposition or execution of sentence, it shall include the following as conditions of probation: (1) incarceration in a local jail or workhouse; (2) a requirement that the offender complete a treatment program; and (3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.

4. FIRST DEGREE CSC M.S. §609.342 SEXUAL CONTACT WITH MINOR YOUNGER THAN 13; STATE MUST PROVE COERCION Victim under 13, actor more than 36 months older EXAMPLE: 12 and 15.5 EXAMPLE: 11 and 40 Victim 13-16, actor more than 48 months older AND position of authority EXAMPLE: 14 and 19-coach EXAMPLE: 15.5 and 24-boss

5. 2 ND DEGREE CSC M.S. §609.343 STATE NOT REQUIRED TO PROVE COERCION Victim under 13, actor more than 36 months older EXAMPLE: 12 and 15.5 EXAMPLE: 11 and 40 Victim 13-16, actor more than 48 months older AND position of authority EXAMPLE: 14 and 19-coach EXAMPLE: 15.5 and 24-boss

6. 3 RD DEGREE CSC M.S. §609.344 AGE LIMITS CHANGE Victim under 13, actor NO MORE THAN 36 months older EXAMPLE: 10 and 12 EXAMPLE: 12.5 and 15 Victim between 13-16, actor more than 24 months older EXAMPLE: 13 and 15.5 EXAMPLE: 15.5 and 18

7. 4 TH DEGREE CSC M.S. §609.345 Victim under 13, actor NO MORE THAN 36 months older (STATE NOT REQUIRED TO PROVE COERCION) EXAMPLE: 10 and 12 EXAMPLE: 12.5 and 15 Victim between 13-16, actor more than 48 months older OR in a position of authority– AFFIRMATIVE DEFENSE. EXAMPLE: 15.5 and 20: “but I thought she was 16.” Victim between 16-18, actor more than 48 months older EXAMPLE: 16 and 20.5 EXAMPLE: 17 and 21.5

8. 5 TH DEGREE CSC M.S. §609.346 Non-consensual sexual contact (not penetration) Masturbation or lewd exhibition in the presence of a minor under 16

9. CRIMINAL PROCEDURE Victim between 13-16, actor more than 24 months older EXAMPLE: 13 and 15.5 EXAMPLE: 15.5 and 18 Mandated Report Law Enforcement– belief that a crime has been committed Social Services– belief that a child is victim of sexual misconduct Investigation Charges brought forth by County Attorney Adjudication Probation

10. LEGAL CONSEQUENCES Psychosexual evaluations Sex Offender Treatment Polygraph testing Registration (1 st -4 th Degrees, and 5 th Degree Subd. 3) 10 years (or lifetime with 2 nd predatory offense) Registration starts over after any secure detention/incarceration (for ANY offense) “Levels” are only assigned to ADULTS upon release from imprisonment of 1 st and 2 nd degree offenders.

11. COLLATERAL CONSEQUENCES Jobs DHS background checks Lifetime bans from certain professions Family’s ability to be licensed by state for foster care/respite Housing Education NEWS FLASH: Juvenile records do not disappear at 18.

12. REPORTING MALTREATMENT OF MINORS M.S. §626.556 Subd. 3: MANDATED REPORTERS “a professional or professional’s delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement”

13. WHAT MUST BE REPORTED? REMINDER Many things must be reported. M.S. §626.556 (“Reporting of Maltreatment of Minors”) is 25 pages long. SEXUAL ABUSE including 1 st -5 th Degree Criminal Sexual Conduct within the preceeding three years. THREATENED SEXUAL ABUSE “which includes the status of a parent or household member who has committed a violation which requires registration as an offender.”

14. HOW MUST IT BE REPORTED? Oral report made immediately (within 24 hours) Social Services Child Protection Intake Law Enforcement Both WRITTEN REPORT MUST FOLLOW within 72 hours Social Services Child Protection Intake

15. WHAT MUST BE INCLUDED IN THE REPORT? Your name and position Name/Info of child Name/Info of parents/guardians Date of most recent incident of concern Location of most recent incident of concern Detailed summary of concern

16. WHEN IN DOUBT, REPORT. And never attempt to investigate for yourself. Let the pros handle it.

17. QUESTIONS & DISCUSSION Thank you!