Sexual Contact with an Intoxicated Person is a Crime

If a person has taken enough drugs or alcohol to become impaired, intimate contact is illegal.

In Minnesota, it is illegal to have sexual intercourse or contact with a person who is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person’s conduct. In other words, if someone has taken enough drugs or alcohol to become impaired, you should not have any intimate contact with that person. The following statute states which intimate interactions are prohibited when someone is intoxicated.

How do I know if someone is too intoxicated to have sex or sexual contact?

If you are wondering if they are too intoxicated, then do not engage sexually with that person! There is no strict test to determine if someone is too intoxicated. Even if the person tells you that they are not too intoxicated, it may not be safe. Our law firm has handled multiple cases where alleged victims have appeared to consent, but our clients were still charged.

What if someone is accusing me of having sex with them while they were too intoxicated?

You should contact an experienced criminal defense attorney right away and cease contact with your accuser. Do not text, call, or contact them on social media. If law enforcement contacts you, tell the officer that an attorney has told you not to speak with them. Any statements you make to the alleged victim or law enforcement could be used against you.

What could I be charged with if I have sex or sexual contact with someone who is too intoxicated to consent?

You could be charged with criminal sexual conduct. There are many different forms, which can be found here: Criminal Sexual Conduct Attorneys | Sieben Cotter Law. Depending on which type of criminal sexual conduct you are charged with, you could face prison time of up to 30 years and lifetime sex offender registration. Any level of criminal sexual conduct charge could affect you for the rest of your life.

If someone is accusing you of criminal sexual conduct, or if they have been charged, we can help. The attorneys at Sieben & Cotter have been successful in achieving not guilty verdicts and dismissals in criminal sexual conduct cases.  We will listen to your story and provide a comprehensive consultation at no charge.