1999 Minnesota Statutes

     609.3451 Criminal sexual conduct in the fifth degree. 

    Subdivision 1.    Crime defined.  A person is guilty of 
 criminal sexual conduct in the fifth degree: 

    (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). 

    HIST: 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