Criminal sexual conduct in the fifth degree is Minnesota’s lowest-level sex crime, but a conviction still carries serious weight. Under Minnesota Statute 609.3451, nonconsensual sexual contact is a gross misdemeanor on a first offense, punishable by up to 364 days in jail and a $3,000 fine. Nonconsensual sexual penetration is a felony from the first offense, with up to two years in prison. A qualifying prior conviction within ten years pushes the maximum to seven years. The conviction can also bring predatory offender registration, a federal firearm ban, a marked passport, immigration consequences, and a record that is very difficult to erase.
What Counts as Fifth-Degree Criminal Sexual Conduct
Minnesota Statute 609.3451 covers three distinct types of conduct, and the penalty depends on which one applies.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.3451 – Criminal Sexual Conduct in the Fifth Degree
The most commonly charged version is nonconsensual sexual contact. That means intentionally touching another person’s intimate parts, or the clothing directly covering those parts, without consent and with sexual or aggressive intent. It also covers forcing another person to touch the actor’s intimate parts, and attempting to remove clothing covering intimate parts or undergarments. Minnesota law defines intimate parts as the genital area, groin, inner thigh, buttocks, or breast.2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.341 – Definitions
The second category is nonconsensual sexual penetration. There is no gross misdemeanor version of this offense. Penetration without consent is a felony even on a first offense.
The third category is masturbation or lewd exhibition of the genitals in the presence of a minor under 16, when the person knows or should know the minor is present. This provision is specific to a minor under 16. Indecent exposure in front of adults may be charged under a separate Minnesota statute rather than this one.
Jail Time, Prison Time, and Fines
A first-time conviction for nonconsensual sexual contact or lewd exhibition before a minor is a gross misdemeanor. The maximum sentence is 364 days in jail, a fine up to $3,000, or both.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.3451 – Criminal Sexual Conduct in the Fifth Degree Many first-time defendants receive probation rather than the maximum jail term, but judges frequently attach conditions like psychological evaluations, chemical dependency assessments, and treatment. Violating probation can result in the court imposing the full stayed sentence.
Two routes lead to a felony. Nonconsensual sexual penetration under Subdivision 1 is always a felony, with up to two years in prison and a fine up to $10,000. The second route is a repeat offense. If someone violates any part of the statute within ten years of a qualifying prior conviction, the charge becomes a felony carrying up to seven years in prison and a fine up to $14,000. Qualifying priors include a previous conviction under this same statute, certain other Minnesota sex crimes, and equivalent offenses from other states.
When You Have to Register as a Predatory Offender
Not every fifth-degree conviction triggers registration, and the rules changed in 2023. For offenses committed on or after July 1, 2023, only a felony conviction under Subdivision 3(b), the repeat-offense felony, requires predatory offender registration. A first-time felony for nonconsensual penetration under Subdivision 3(a) does not trigger registration for offenses committed after that date.3Minnesota Department of Public Safety. Predatory Offender Registry – Offenses Requiring Registration A gross misdemeanor conviction under Subdivision 2 sits on a separate list of crimes against the person that can trigger registration when combined with certain prior convictions.
When registration applies, the requirements are extensive. A registrant must provide the Bureau of Criminal Apprehension with their home address, secondary addresses, employer information, vehicle details, passport or immigration document numbers, and professional license numbers. Fingerprints and a DNA sample are also required. Any change in this information must be reported within five days.4Minnesota Office of the Revisor of Statutes. Minnesota Code 243.166 – Registration of Predatory Offenders
Registration generally lasts ten years from release or the start of registration, whichever is later. A new conviction while on the registry restarts that clock, and some offenders face lifetime registration. Failing to register or giving false information is itself a felony punishable by up to five years in prison and a $10,000 fine, with a mandatory minimum of one year and one day for a first violation and two years for a second. A person serving the mandatory minimum cannot receive probation, parole, or early release. Prosecutors can move to waive the minimum, but the court must find substantial and compelling reasons to do so.
Firearm Rights and Passport Marking
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A felony conviction under this statute easily meets that threshold. A gross misdemeanor conviction, with its 364-day maximum, falls just below the federal cutoff and does not trigger the federal ban on its own, though Minnesota state law may impose separate restrictions depending on the circumstances.
Anyone required to register as a sex offender also faces permanent passport consequences. Under International Megan’s Law, the State Department must place a visible identifier on the passport of any person currently required to register.6Office of the Law Revision Counsel. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders The marking lasts as long as registration does. Countries including Canada, the United Kingdom, and Australia frequently deny entry to travelers with sex offense convictions, and the identifier makes the record visible to every border agent who scans the passport.
Immigration Consequences for Noncitizens
For anyone who is not a U.S. citizen, a fifth-degree conviction can be devastating. Immigration attorneys who practice in Minnesota have noted that even a fifth-degree conviction may be deemed an aggravated felony under federal immigration law, and that noncitizens should take these charges to trial rather than accept a plea unless the prosecutor will agree to an alternative charge. Sexual offenses are routinely treated as crimes involving moral turpitude, which can make a noncitizen deportable and inadmissible.
The Immigration and Nationality Act includes a narrow petty offense exception for a single misdemeanor carrying a maximum sentence of 90 days or less. A gross misdemeanor fifth-degree conviction carries up to 364 days, well above that line. A felony is worse still and may qualify as an aggravated felony that triggers mandatory removal with almost no relief available. Any noncitizen facing this charge should consult an immigration attorney before entering any plea.
Employment, Housing, and Student Aid
A criminal sexual conduct conviction can appear on background checks indefinitely, since under federal law criminal convictions can be reported regardless of age.7Federal Student Aid. Eligibility for Students With Criminal Convictions Employers in healthcare, education, childcare, and government routinely run checks, and a sex offense conviction is often an automatic disqualifier for positions involving vulnerable populations. Professional licensing boards may deny, suspend, or revoke licenses held by people with sexual offense convictions.
Housing is similar. Landlords commonly check criminal histories, and registrants may face added restrictions on where they can live, particularly near schools or parks. Federal housing assistance programs also screen for sex offense convictions.
Federal student aid is not automatically cut off by this conviction. Incarceration limits aid options while the person is locked up, but those limits lift on release, and individuals on probation or parole remain eligible.7Federal Student Aid. Eligibility for Students With Criminal Convictions
DNA Collection
Separate from the DNA sample required by predatory offender registration, Minnesota requires a biological specimen for DNA testing from anyone convicted of fifth-degree criminal sexual conduct at the felony level. Law enforcement must collect it and forward it to the Bureau of Criminal Apprehension within 72 hours.8Minnesota Office of the Revisor of Statutes. Minnesota Code 299C.105 – DNA Collection The profile enters a state database used in future criminal investigations.
Can the Record Be Expunged
Minnesota’s automatic expungement statute specifically excludes criminal sexual conduct in the fifth degree from the list of qualifying offenses.9Minnesota Office of the Revisor of Statutes. Minnesota Code 609A.015 – Automatic Expungement of Records The conviction will not seal itself after a waiting period, whether charged as a gross misdemeanor or a felony. A person can still petition a court for discretionary expungement, but the standard is harder: the petitioner must show that the benefit of sealing the record outweighs the public’s interest in keeping it available. Courts grant those petitions far less often for sex offenses than for other crimes. For practical purposes, most people convicted under this statute should assume the record will follow them permanently.