The New Sexual Assault Laws in Minnesota, Part 3 - New Sexual Extortion Law
There are three major changes in the criminal sexual conduct laws here in Minnesota in 2021. These are not minor changes and can absolutely impact how cases are charged and what people may face. The three changes involve:
New Sexual Extortion Law
Part 3 will focus in on the new Sexual Extortion law. See the links above for the other changes.
Sexual Extortion
In 2021, the State of Minnesota expands the concept of consent and voluntariness when it passed a new Sexual Extortion law. Essentially, a person who engages in sexual contact with another person and compels the other person to submit to the contact by making certain non-physical threats, directly or indirectly, is guilty of sexual extortion. Physical threats is covered by a different statute. This new statute applies more to threats against economic and private interests, reputation and other legal interests in the community to compel sexual contact.
This law makes extorting or threatening someone into sex, even with non-physical threats, a crime.
According to Minnesota Statute § 609.3458, a person who engages in either sexual penetration or sexual contact with another person and compels the other person to submit to the contact by making any of the following threats, directly or indirectly, is guilty of sexual extortion:
a threat to withhold or harm the complainant's trade, business, profession, position, employment, or calling;
a threat to make or cause to be made a criminal charge against the complainant, whether true or false;
a threat to report the complainant's immigration status to immigration or law enforcement authorities;
a threat to disseminate private sexual images of the complainant as specified in section 617.261, nonconsensual dissemination of private sexual images;
a threat to expose information that the actor knows the complainant wishes to keep confidential; or
a threat to withhold complainant's housing, or to cause complainant a loss or disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
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Looking at this new law, the State’s purpose is to recognize that there are different ways that people are forced into sexual contact. Previously, the law focused more on physical threats against the person themselves or others. This new law expands protections against threats used to compel sexual contact by threatening a person’s financial situation, private lives, reputation, immigration status, legal exposure and more. So, this law makes extorting or threatening someone into sex, even with non-physical threats a crime.
Penalties
With these additional protections, the penalties a Defendant can face are substantial. According to Minnesota Statute § 609.3458, Sexual Extortion, if found guilty of sexual penetration by sexual extortion, a person could face up to 15 years in prison and a $30,000 fine. Even simply sexual contact could result in up to 10 years in prison and a $20,000 fine.
If you are facing possible exposure to criminal sexual conduct allegations because of sexual extortion, the penalties are for real, up to 15 years in prison and a $30,000 fine. This could change absolutely everything. If you are facing these kinds of allegations, you need to sit down with an experienced criminal defense lawyer as soon as possible.
Jack Rice, the Founder of Jack Rice Defense is a former prosecutor, Board Certified Criminal Law Specialist and an experienced Minnesota Sex Crimes criminal defense attorney. If you are concerned about a possible charge, sit down with Jack for a free consultation.