Minnesota classifies all crimes that are sexual in nature into five categories. The categories range from 1st degree through 5th degree with 1st degree being the most serious and 5th degree least serious. In general, 1st and 3rd degree applies to sexual conduct involving sexual penetration of the victim. 2nd, 4th, and 5th degree sexual conduct involves sexual contact with the victim, without penetration.

1st and 2nd degree sexual conduct typically involve victims who are very young, use of, or threat to use, force, violence or a weapon, or personal injury to the victim. 3rd, 4th, and 5th degree sexual conduct involves less aggravated conduct and applies to situations where the victim did not consent, is relatively young, or was particularly vulnerable due to their relationship with the offender.