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  1. #1
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    May 2010
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    Default Same Sex Intercourse Laws

    My question involves criminal law for the state of: Minnesota

    My friend and I are close and I said I would help him. He was on Craigslist and found an ad for another gentleman who said to be 18. He told me that when he arrived to the house and everything was said and done the guy lied about his age and turned out to be 15/16. My friend is in his mid twenties. They passed emails back and forth and the minor had his laptop confiscated along with my friends phone.

    How should he approach this? If you need more info let me know.

  2. #2
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    Default Re: Same Sex Intercourse Laws

    Your friend needs an attorney.

  3. #3
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    May 2010
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    Default Re: Same Sex Intercourse Laws

    Alright, but after looking through some searches---there is no law stated for same sex in Minnesota---it's only for Female/Male. So does it still matter, or to be on the safe side to get an attorney anyway?

    Thank you for the quick response earlier. Again, any other advice, ideas, etc would be greatly appreciated.

  4. #4
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    Default Re: Same Sex Intercourse Laws

    So...your friend is really asking, "is it ok for me to sleep with a 15/16 year old", right?

    The answer is "no".

  5. #5
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    May 2010
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    Default Re: Same Sex Intercourse Laws

    No, that's not what he was asking. The person lied about their age then like I said after everything happened to guy comes out and says he is 15/16. Either or thanks for your help, I'll tell him to get an attorney.

  6. #6
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    Default Re: Same Sex Intercourse Laws

    Quote Quoting RJ85
    View Post
    Alright, but after looking through some searches---there is no law stated for same sex in Minnesota---it's only for Female/Male.
    Where did you get a silly idea like that?
    Quote Quoting Minnesota Statutes, Sec. 609.343. Criminal Sexual Conduct in the Second Degree.
    Subdivision 1.Crime defined.

    A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
    (a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

    (b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

    (c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

    (d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;

    (e) the actor causes personal injury to the complainant, and either of the following circumstances exist:
    (i) the actor uses force or coercion to accomplish the sexual contact; or

    (ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

    (f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:
    (i) an accomplice uses force or coercion to cause the complainant to submit; or

    (ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
    (g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or

    (h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:
    (i) the actor or an accomplice used force or coercion to accomplish the contact;

    (ii) the complainant suffered personal injury; or

    (iii) the sexual abuse involved multiple acts committed over an extended period of time.
    Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.
    Subd. 2.Penalty.

    (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.

    (b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 90 months must be imposed on an offender convicted of violating subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.

    (c) A person convicted under this section is also subject to conditional release under section 609.3455.
    Subd. 3.Stay.

    Except when imprisonment is required under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that:
    (a) a stay is in the best interest of the complainant or the family unit; and

    (b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
    If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
    (1) incarceration in a local jail or workhouse;

    (2) a requirement that the offender complete a treatment program; and

    (3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.

  7. #7
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    Default Re: Same Sex Intercourse Laws

    Quote Quoting Mr. Knowitall
    View Post
    Where did you get a silly idea like that?[/INDENT][/INDENT]
    http://www.livestrong.com/article/12...consensual-sex

    I know it was wrong, but I'm not going to stop being a buddy to my friend, I may think of him differently. To my understanding though both parties were consensual, no force, no drugs or alcohol, no threats, no weapons...etc.

    From what you posted though it looks like it doesn't matter.

    All what my friend has told me is that he met the person on Craigslist, said person stated he was 18. Turns out he wasn't. I'm sorry if I keep going around in circles but I'm really worried for my friend. I know what he did was wrong, he can't afford an attorney, and he hasn't shown any signs of doing this in the past.

  8. #8
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    Default Re: Same Sex Intercourse Laws

    he can't afford an attorney
    I'm sure that he can afford losing his job due to incarceration even less.

    He needs to speak with an attorney - first consultation is usually free - and either retain private counsel or plead Not Guilty and ask for a Public Defender should he land in court.

  9. #9
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    Default Re: Same Sex Intercourse Laws

    Alright, they released him on Sunday after holding him for 10 hours. I don't know if he will be receiving something in the mail. The only papers they gave him were search warrants to look through his car and to hold his cell phone. No citation or serving papers were given.

    Due to his income he can't afford an attorney unless there is some sort of state service for people that make less than "X" amount a month. I'll tell him to at least take advantage of the free consultation.

    Do public defenders give you the same amount of service as a regular attorney?

  10. #10
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    Default Re: Same Sex Intercourse Laws

    Quote Quoting RJ85
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    Alright, they released him on Sunday after holding him for 10 hours. I don't know if he will be receiving something in the mail. The only papers they gave him were search warrants to look through his car and to hold his cell phone. No citation or serving papers were given.

    Due to his income he can't afford an attorney unless there is some sort of state service for people that make less than "X" amount a month. I'll tell him to at least take advantage of the free consultation.

    Do public defenders give you the same amount of service as a regular attorney?

    Public defenders ARE regular attorneys.

    They're just not PRIVATE attorneys.

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