Criminal Sexual Conduct

/Criminal Sexual Conduct

Criminal Sexual Conduct Includes Online “Presence”

Daniel Decker was convicted of fifth-degree criminal sexual conduct and indecent exposure for sending a picture of his genitals to a minor via Facebook Messenger.  In relevant part, fifth-degree criminal sexual conduct requires: The defendant engaged in lewd exhibition of the genitals. The defendant's act took place in the presence of a Minor. The defendant knew or had reason to know a Minor was present at the time of the act. Similarly, indecent exposure also entails willfully and lewdly exposing one's private parts in a place where others are "present."  Daniel Decker appealed his convictions arguing that he did [...]

2018-08-27T20:15:55+00:00August 14, 2018|Criminal Sexual Conduct|

Six-Month Review: Sexual Assault Case Victories

The attorneys at Sieben & Cotter have been hard at work defending clients charged with sexual assault and related offenses.  Over the last several months our firm has achieved favorable results for our clients, with many more still pending at various stages in the criminal justice system.  Below are six recent cases ranging from an alleged sex assault on a college campus to nonconsensual sexual contact with a family member. State of Minnesota v. B.P. — Felony Third-Degree Criminal Sexual Conduct ATTORNEYS:  Patrick Cotter and Justen Imsande Our client was chatting with a the complaining witness on a popular dating [...]

2018-06-01T20:22:41+00:00June 1, 2018|Criminal Sexual Conduct, Sex Crimes|

Obnoxius, Selfish or Overeager is NOT Criminal Sexual Assault!

By now, you are probably aware of the recent allegations of sexual misconduct against well-known actor and comedian, Aziz Ansari.  If not, you can find a link to the original article HERE.  Since that original article published in babe there has been much debate as to whether Mr. Ansari committed sexual assault or harassment.  Recent reactions to the original article include the NY Times article: "Aziz Ansari Is Guilty.  Of Not Being a Mind Reader." To begin, and to be clear, we are not writing this article to criticize the alleged victim's, "Grace's" allegations, nor are [...]

2018-05-25T22:18:48+00:00January 19, 2018|Criminal Sexual Conduct, Sex Crimes|

Reports of Sexual Misconduct Are Making Headlines – When Does the Conduct Become Criminal

Sexual Misconduct in the News If you’ve watched the news in the last few months then you’ve heard about a celebrity accused of sexual misconduct.  The recent fallout began with accusations against Harvey Weinstein (Hollywood Producer) and most recently against Matt Lauer (NBC News Anchor). Other celebrity figures include Kevin Spacey (Actor), Louis C.K. (Comedian) and Senator Al Franken (U.S. Senator for Minnesota), among others.  The accusations of sexual misconduct range from lewd behavior or text messages to rape. Civil vs. Criminal Law The greatest differences between civil and criminal law are how the case is initiated and [...]

2018-05-25T22:18:49+00:00November 29, 2017|Criminal Sexual Conduct, Sex Crimes|

Sieben & Cotter Criminal Defense: We Get the Job Done!

What level of service can you expect from us as your criminal defense attorneys? First and foremost, WE GET THE JOB DONE!  Practically speaking that could mean winning your case outright (i.e. acquittal or dismissal of charges) or securing the best possible outcome for you.  As a criminal defense law firm our mission is to achieve excellent results through honest and aggressive representation. Winning your Case This is our primary focus at the beginning of each and every case.  We start by gathering all of the government's evidence against you.  Then, we carefully review each piece of evidence — [...]

Sex Crimes Defense Attorney In Minnesota

A Thorough Defense Investigation is Critical Most of the time when someone is charged with this type of crime "consent" is a central issue.  Often times there is very little evidence involved, and a victim's allegation alone, without corroboration, is enough to charge you.  Further, law enforcements' investigations never tell the full and complete story.  The Government has a basic interest in protecting and supporting victims, so they gather the evidence that supports their allegations.  They don't dig into the circumstances surrounding the incident, the prior relationship of the parties or previous and current mental health records.  Which could be used to challenge [...]

2018-05-25T22:18:49+00:00April 24, 2017|Criminal Sexual Conduct|

Who Can Consent to Sex?

What is the Age of Consent in Minnesota? While the question is simple, the answer is a bit more complicated.  Generally, a person must be at least 16-years old to consent to sex in Minnesota.  However, there are a number of factors that could raise the age to 18-years —described below.  The only certainty is that no one under 13 years old can consent to sex.  For those between the ages of 13 and 18, valid consent depends on the age difference and/or relationship between the parties. As a background, Minnesota has five-degrees of criminal sexual conduct.  First degree is the most severe [...]

2018-05-25T22:18:49+00:00March 9, 2017|Criminal Sexual Conduct|

Part III: Due Process In A Title IX Sexual Misconduct Investigation

Due Process: Title IX vs. Criminal Prosecution This article is not legal advice, but is intended to be an informative article describing the basic concept of “due process” and the difference between the Title IX and criminal processes related to sexual misconduct. Sieben and Cotter, PLLC takes no position as to any recent allegations in the news related to this topic. The following is presented in a four-part series: Part I: What is “Due Process”; Part II: Due Process In Criminal Sexual Conduct Prosecutions; Part III: Due Process In A Title IX Sexual Misconduct Investigation; and Part IV: Comparison of the [...]

2018-05-25T22:18:50+00:00January 10, 2017|Criminal Sexual Conduct|

Part II: Due Process In Criminal Sexual Conduct Prosecutions

Due Process: Title IX vs. Criminal Prosecution This article is not legal advice, but is intended to be an informative article describing the basic concept of “due process” and the difference between the Title IX and criminal processes related to sexual misconduct. Sieben and Cotter, PLLC takes no position as to any recent allegations in the news related to this topic. The following is presented in a four-part series: Part I: What is “Due Process”; Part II: Due Process In Criminal Sexual Conduct Prosecutions; Part III: Due Process In A Title IX Sexual Misconduct Investigation; and Part IV: Comparison of the [...]

2018-05-25T22:18:50+00:00January 4, 2017|Criminal Sexual Conduct|

MN’s Solicitation of a Minor Statute — Unconstitutional

MN’s Solicitation of a Minor Statute — Unconstitutional The two portions of Minnesota Statute § 609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT that have come under recent attack in that courts are subdivision 2a (electronic communications) and subdivision 3 (defenses). The subdivisions state: Subd. 2a. Electronic solicitation of children. A person 18 years of age or older who uses the Internet, a computer,… or other electronic device capable of electronic data storage or transmission to commit any of the following acts, with the intent to arouse the sexual desire of any person… (2) Engaging in communication with a child [...]

2016-11-20T19:57:43+00:00August 19, 2016|Criminal Sexual Conduct, Sex Crimes|

Collateral Consequences of a Criminal Sexual Conduct Conviction

Collateral Consequences of a Criminal Sexual Conduct Conviction Charged with a Criminal Sexual Conduct Crime (1st, 2nd, 3rd, or 4th) Degree? Wondering what the consequences would be aside from a Felony on your Record and registering as a Predatory Offender? According to the American Bar Association there are over 38,000 different collateral consequences that can affect you for a long time after you serve your sentence. Collateral Consequences are not those that are triggered within the courts when they determining punishment or sentencing. Instead, these are the consequences that impact your ability to engage politically, economically, and socially upon your [...]

2016-11-20T19:57:46+00:00June 26, 2015|Criminal Defense, Criminal Sexual Conduct|

Minneapolis – St. Paul Criminal Defense Attorneys on call 24/7 651-455-1555

As experienced criminal defense and personal injury attorneys, we know how quickly you need protection and an advocate in your corner. We provide our clients with our office and cell phone numbers for 24/7 availability. We also know how important it is for you to have someone who will listen, understand what happened, provide experienced counsel and stand by you. The Sieben & Cotter Law office is located in South St. Paul, in Dakota County, convenient to Minneapolis and St. Paul, and the Twin Cities metro area, also serving greater Minnesota and Wisconsin. Read attorney reviews or contact us 24/7 at 651-455-1555 | Tom Sieben | Patrick Cotter