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    Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct in the fifth
(1) if the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a
minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11
, paragraph (a), clauses (i) and (iv), but does not include the intentional touching
of the clothing covering the immediate area of the buttocks. Sexual contact also includes the
intentional removal or attempted removal of clothing covering the complainant's intimate parts or
undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts,
effected by the actor, if the action is performed with sexual or aggressive intent.
    Subd. 2. Penalty. A person convicted under subdivision 1 may be sentenced to imprisonment
for not more than one year or to a payment of a fine of not more than $3,000, or both.
    Subd. 3. Felony. A person is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both, if the
person violates subdivision 1, clause (2), after having been previously convicted of or adjudicated
delinquent for violating subdivision 1, clause (2); section 617.23, subdivision 2, clause (1); or
a statute from another state in conformity with subdivision 1, clause (2), or section 617.23,
subdivision 2
, clause (1).
History: 1988 c 529 s 2; 1990 c 492 s 1; 1995 c 226 art 2 s 19; 1996 c 408 art 3 s 26,27;
1998 c 367 art 3 s 11

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Revisor of Statutes