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Minnesota Age of Consent Lawyers
What is the Age of Consent for Sex in Minnesota?
In Minnesota, the age of consent for sex is 16. Generally, this means that as long as both partners are older than 16, any age difference between them is irrelevant. The age of consent law in Minnesota only applies to heterosexual conduct. Minnesota currently has no valid statute which sets the age of consent for homosexual conduct.
As in most states, the age difference between the parties in Minnesota is a factor to be considered in these cases.
Someone between the ages of 13 and 16 may legally consent to sex with a partner who is no more than 2 years older. In Minnesota, it is always a crime to have sex with a person who is younger than 13. However, the age difference does affect the severity of the crime.
If the perpetrator is more than 36 months (3 years) older than the victim, the crime is known as “first degree criminal sexual conduct” and can be punished by up to 30 years in state prison. If the perpetrator is less than 36 years older than the victim, the crime is known as “third degree criminal sexual conduct” and is punishable by 5 years in the state prison. This also applies to a victim who is between the ages of 13 and 16, when the offender is 24 to 48 months older.
If the offender is more than 48 months older than the victim, the crime is punishable by up to 15 years in prison.
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