Minnesota Criminal Sexual Conduct Lawyer & Sexual Assault Attorney

Criminal sexual conduct cases may be the most serious type of charges that can be brought against a person

Criminal sexual conduct cases may be the most serious type of charges, and the most devastating, that may be brought against a person.  They are probably more difficult to defend that even murder charges.  These types of charges are extremely inflammatory, and they inflame the emotions of the the public at large.  They involve the element of shame.  They bring fear.  They carry potentially extremely long prison sentences, such as 12 to 40 years in prison.  If convicted, a person will be required to register as a predatory offender for 10 years to life, and, provide a DNA, lose gun rights for life, etc.  It is important that they are handled properly and with excellence.  Criminal Defense Attorney Lynne Torgerson, an attorney with over 29 years of experience and excellence, can represent you.

Degrees of criminal sexual conduct in Minnesota

In Minnesota, there are essentially five (5) different degrees of criminal sexual conduct.  There is 1st, 2nd, 3rd, 4th and 5th.  Levels 1st through 4th are all felonies.  5th degree is a gross misdemeanor.  First degree criminal sexual conduct involves “penetration,” usually meaning sexual intercourse, or the touching of genitalia.  An average sentence for a conviction is 12 years in prison, with a maximum of approximately 30 to 40 years in prison.  Second degree criminal sexual conduct generally involves improper touching.  Second degree most often involves the improper touching of children.  Third degree also involves some sort of penetration.  Fourth degree criminal sexual conduct involves generally improper touching.  Fifth degree, a gross misdemeanor, generally involves indecent exposure of some type, or fondling over clothing.  The differing age of the victims often changes the degree of offense, colloquially called statutory rape, as well as what relationship the perpetrator has in relation to the victim, teacher, clergy, therapist, etc.  Child pornography, prostitution, and the like, are in a separate category.

Criminal defense lawyer Lynne Torgerson, Esq. wins felony criminal sexual assault case at the United States Supreme Court

Criminal defense attorney, Lynne Torgerson, wins a criminal sexual conduct case at the United States Supreme Court. Ms. Torgerson’s client had been charged with sexual assault, 1st degree criminal sexual conduct.  The average prison term for such a case is 12 years in prison.  In an extraordinary reversal, after a several year battle, his conviction for sexual assault was vacated and the charges were dismissed.  This was in a federal habeas corpus action.  The United States District Court, District of Minnesota, reversed the decision of the Minnesota Supreme Court, holding that the Minnesota Supreme Court had come to an unreasonable conclusion of fact, and, and unreasonable determination of federal law.  In essence, the United States District Court held that not only was the Minnesota Supreme Court wrong, but that it was unreasonably wrong, and ruled in favor of Ms. Torgerson’s client.  On appeal, the  Eighth Circuit Court of Appeals again ruled in favor of Ms. Torgerson’s client.  The United States Supreme Court then also ruled in favor of Ms. Torgerson’s client.  The United States Supreme Court denied the State of Minnesota’s petition for a writ of certiorari, thus securing to Torgerson’s client his victory. This settled an approximately 2 1/2 year battle for Torgerson and her client, and will establish 6th Amendment law across the State of Minnesota and the Eighth Circuit, thus affecting thousands of cases. In Bobadilla v. Carlson, it was established that the State cannot introduce the notorious Cornerhouse videotapes, where the complainant does not testify, n a criminal sexual conduct, sex crimes case, because they are barred by the 6th Amendment to the United States Constitution’s Confrontation Clause. Defendant’s are not to be convicted by the statements of an unsworn, absent witness. Excellent result Ms. Lynne Torgerson!

Minnesota Criminal Sexual Conduct Lawyer Lynne Torgerson obtains agreement to reduce felony 2nd degree criminal sexual conduct charge to a gross misdemeanor

Ms. Torgerson’s client was charged with 2nd degree felony criminal sexual conduct out of the County of Anoka, State of Minnesota.  After lengthy representation, many court dates, and plea negotiations, Ms. Torgerson achieved success.  The Assistant County Attorney agreed to reduce the charge to a gross misdemeanor, thus eliminating any potential prison sentence, and, after a period of time with no new convictions, her client would be eligible for expungement.

Well done Ms. Torgerson!

Sexual assault, criminal sexual conduct charges, successfully kept off record

Ms. Torgerson recently had a case involving a teenage male charged with having sexual intercourse with another teenage female.  Some people call this the crime of statutory rape.  What some teenagers don’t realize is that this is a very serious felony, with potentially very damaging life long consequences.

In Ms. Torgerson’s recent case, the teenage male was charged with felony sexual assault, a sex crime.  In Minnesota, it is called criminal sexual conduct.  Very fortunately for her client, Ms. Torgerson worked out an agreement on behalf of her client to keep any conviction and adjudication off of her client’s record.  Her client later, down the road, her client should be able to get an expungement of the records of this case.  This will clear the path to all employment opportunities.  In this case, the agreement reached will protect Ms. Torgerson’s client’s future.  He has no conviction, no adjudication, no DNA sample requirement.  And, her client will not need to register as a predatory sex offender.  These cases are extremely delicate and must be handled properly in order to protect the future of these young men.

Juvenile Defense Lawyer Lynne Torgerson obtains dismissal of 5th degree criminal sexual conduct juvenile case in Wright County, State of Minnesota

Criminal Defense Lawyer Lynne Torgerson obtained a dismissal of a 5th degree criminal sexual conduct case out of the County of Wright, State of Minnesota.   Ms. Torgerson’s client, a juvenile of approximately 14 years old, had been charged with gross misdemeanor 5th degree criminal sexual conduct for allegedly having a sexual encounter with another child when he was approximately 11 years old.  Exercising compassion, the State allowed Ms. Torgerson’s client to go through treatment, and then the case was dismissed.  Sometimes mercy in the justice system is a good thing.  Well done Ms. Torgerson, her client and the prosecutor!

Pre-charge investigation representation

Not infrequently, my office is contacted for “pre-charge investigation” representation.  This is most common in criminal sexual conduct investigations.  Criminal sexual conduct charges are amongst the most serious types of cases.

It is important to immediately hire a good, experienced criminal defense lawyer if there is even an inkling of a criminal sexual conduct investigation.  A person needs to invoke their Fifth Amendment rights of the United States Constitution to remain silent and to counsel before making any statement to police authorities.  Please note, the police want to get you into the police station for a statement, before you hire counsel, so they will frequently ask you to come in “to get your side of the story” that day.  Do not go in!  Our constitutional rights were promulgated for our benefit and protection so you need to invoke them.  And no, it does not cause greater suspicion.  To the contrary, it shows wisdom.  This constitutional protection is for the innocent and guilty alike.  Your statement could be misunderstood or misconstrued and used against you in court.  Immediately contact Criminal Defense Lawyer Lynne Torgerson (612) 339-5073 for representation!

Criminal sexual conduct lawyer Lynne Torgerson successfully avoids charges being brought in “pre-charge representation”

Ms. Torgerson’s client was contacted by police who wished to question her client about allegations of criminal sexual conduct.  Ms. Torgerson’s client immediately contacted her upon receiving a telephone call from the investigating detective.  Ms. Torgerson immediately invoked her client’s rights to remain silent and to counsel, and an interview was declined.  Our Fifth Amendment rights to remain silent under the United States Constitution were promulgated for our protection and these rights should be invoked virtually in every case.  This applies to the guilty and innocent alike.  Ms. Torgerson’s client has not been charged.  Ms. Torgerson has successfully avoided having her client charged with criminal sexual conduct.

This is significant.  Criminal sexual conduct charges are among the most serious, with sentences, upon conviction, often starting at 12 years in prison, with likely requirements of years of sex offender treatment. years of predatory offender registration requirements, DNA testing, etc.  This has been avoided.

Well done Ms. Torgerson!

If you have been contacted by police to come in for a statement, you should immediately contact a criminal sexual conduct lawyer such as Lynne Torgerson.  For representation, please call (612) 339-5073.

Criminal Sexual Conduct Attorney Lynne Torgerson successfully avoids criminal sexual conduct charges from being brought against her client

Ms. Torgerson’s client was a 50 something, married, father of four (4) children, teenagers and in their 20s.  A highly educated man, he was a health care provider for approximately ten (10) years.  One of his daughters had a history of mental illness, and hallucinations.  As an adult, said daughter made an allegation of criminal sexual conduct against her father, Ms. Torgerson’s client.  There may not be more serious charges that can be brought against a person.  A conviction of criminal sexual conduct can result in over a decade in prison, loss of profession, predatory offender registration from 10 years to life, DNA sample, etc.  Ms. Torgerson was retained to represent the father on a pre-formal charge basis.  Ms. Torgerson corresponded with the police department, and several Letters of Reference were submitted on behalf of the father.  No charges were ever brought any Ms. Torgerson’s client.  Well done Ms. Torgerson!

Felony sex crimes cases

For felony criminal sexual conduct offenses, a person can go to prison for many, many years, a person may be required to register as a sexual predator for 10 years to life, a DNA sample will be taken, and sex offender treatment will be required.  In addition, the ability to obtain many jobs will be eliminated, particularly those working closely with children or vulnerable adults.  This could cause serious issues for people wanting careers in nursing, teaching, bus drivers, PCA’s, etc.

Sex  crimes charges are extremely serious.  A good sexual assault lawyer needs to hired as soon as possible.  Even before charges are brought.  Sometimes, we can avoid charges being brought altogether.  A sex crime defense lawyer needs to be hired before any statements are made to law enforcement.  If a police officer contacts you and wants you to come into the station for a statement, please be advised, they are probably seeking evidence to convict YOU!  You need to hire a criminal defense lawyer, who handles sexual assault cases, before you go in and speak with the police.

Parents, your children are surrounded, in the media and music videos and the like, with images of sexual relations.  Many children end up not realizing the potential very serious nature of sexual activity, where it involves people under the age of 18.  Much of this behavior could be felonious.  Please teach your children to not have sexual relations with females under the age of 18.  If children and young adults do so, it could cause very negative life long harmful consequences.

Criminal defense lawyer Lynne Torgerson, Esq. handles cases involving allegation of sexual assault, sex crimes, rape, statutory rape, child pornography, indecent exposure, prostitution, incest, criminal sexual conduct, etc.  Ms. Torgerson has been practicing criminal defense law successfully throughout the State of Minnesota for over 26 years.  Give Lynne Torgerson, Esq., a lawyer of excellence, a call:  (612) 339-5073!

Sexual charges in Minnesota are exceedingly serious and potentially very detrimental for the personal and the professional life of the accused individual. With a sex crime accusation, the stakes are higher and the penalties are extreme. This is one reason why sexual charges tend to cause trauma and frustration to the accused individual as well as his family. These can be from 1st degree criminal sexual conduct, to indecent exposure, child molestation, child pornography, to prostitution.

Lynne Torgerson is a Minnesota sex crimes attorney of repute and she is capable of providing you with the best possible legal representation. Through innovative and strong defense, she can ensure that your defense makes the maximum positive impact. If you or any of your family members have been arrested for criminal sexual conduct, it is best to contact an experienced and reputed Minnesota sex crimes attorney as soon as possible. Remember, time is of essence in sex crimes cases, and the earlier you hire an attorney, the better for you, because the more time he/she will have to prepare for your case.

Rape Lawyer

Convictions of criminal sexual conduct tend to carry the longest prison sentences and tend to have some of the harshest and long lasting consequences.  The penalties and punishments associated with sex crimes are very harsh.  There are also instances of rape accusations against innocent people.  However, whether guilty or innocent, then you need and are entitled to legal representation, and, the assistance and expertise of an experienced Minnesota rape lawyer such as Lynne Torgerson as soon as possible.

Child Pornography Attorney

Child pornography via the internet can be associated with a number of causes.  It is good to know that the discovery of child pornography on one’s computer does not lead to automatic conviction.  A Minnesota child pornography lawyer of repute can use a number of defenses, one of which is the use of the charged person’s computer by someone else.  In addition to this, each case will certainly have some strong defenses and an experienced and qualified Minnesota child pornography attorney is bound to make good use of each and every defense opportunity.

Electronic communication with 15 year old minor

Beware!  There is a new criminal law being enforced with the use of a sting operation.  The usual scenario is as follows.  The government is placing ads in “hook up” sites.  The government places the ad in a adult hook up site, with a photograph of an adult woman.  The an adult male contacts the woman for the purpose of a sexual encounter.  Shortly, the government, using a fake persona, states that they are only 15 years old.  The fake persona then pursues the adult male.  They begin texting.  Eventually, a sexual encounter is arranged.  When the adult male shows, he is charged with a felony.  This can be devastating to the adult male’s future, future employment, marital status, criminal record, etc.  The Minnesota Court of Appeals also recently held that this behavior can be charged as attempted 3rd degree criminal sexual conduct, requiring sexual offender registration if convicted.

For experienced representation for this type of charge, please call Attorney Lynne Torgerson at (612) 339-5073!

Internet Crimes Lawyer

Statistics prove that internet crimes and internet sex crimes are increasing day by day.  However, it is not necessary that every internet crime charge results in a conviction.  This is because one cannot discount the possibility of seizure and search of your computer.  In fact, there could be a very good possibility of entrapment.  A Minnesota internet crimes attorney of Lynne Torgerson’ s stature can use each and every defense to gain maximum benefits for her clients.

Indecent Exposure Attorney

Indecent exposure, lewd conduct and disorderly conduct charges often lead to high penalties which include but are not limited to imprisonment and heavy fines. In addition to this, these charges also give rise to embarrassment and stress for the individual as well as his family.

If you have been trapped in the legal snare and are looking for a way out, then call the law office of Lynne Torgerson as soon as possible. She can help you with the best support and advice. DON’T DELAY ANY FURTHER, CALL NOW!

Statutory Rape Lawyer

In spite of being a non-violent act, a statutory rape is largely associated with force and violence.  The statutory rape laws in the state of Minnesota are based on the  fact that an individual who is a minor is not mature enough to consent to a sexual relationship with an adult.

Below there are statements on statutory rape laws.  Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby.  Further, please note that these legal statements may not currently be correct, because the laws can change daily.

Overview of the Statutory Rape Laws in the State of Minnesota

Like in many other states, the statutory rape laws in Minnesota are quite stringent. Generally speaking, the statutory rape law in Minnesota defines the age of consent as 16 years old. (This can change on a case by case basis). This implies that if an individual engages in a sexual activity with a partner who is younger than 16 years old, and if the age difference between the two individuals involved is more than 48 months, then there is a high probability of charges of statutory rape against the older individual involved in the sexual activity. Contrary to the popular belief, the charges are tough even when sexual activity took place with the mutual consent of both the partners. There can be extremely long prison sentences, with the requirement of having to register as a sex offender or a predatory offender, civil commitment, etc.

The Minnesota statutory rape laws also state that if the age difference between you and your partner is between 2 and 4 years, then the jail sentence in such a scenario should not exceed 5 years. Alternatively, if your partner’s age is between 13 and 16 years, one may be able to use the defense of the lack of knowledge of the victim’s age. Conversely, if the victim is younger than 13 years old, and if you are at least 36 months older than the victim, then the Minnesota statutory rape laws do not tolerate the defense of not knowing the victim’s age.

Statutory Rape Defense Strategies

Getting arrested on charges of statutory rape can be quite shocking and embarrassing for an individual and his entire family. It is highly recommended that one adheres to the statutory rape laws of the state, as a statutory rape crime can lead to extremely dire consequences and penalties such as costsly fines, lengthy imprisonments, DNA sample submission, registration as a sex offender, job loss, and employment problems.

There are no two ways about the fact that a statutory rape charge can have extremely devastating effects on the happiness and well-being of the entire family. In such grave and complicated situations, your first step should be to seek the services of a Minnesota statutory rape attorney with considerable qualification and expertise in handling similar cases.

Lynne. Torgerson understands and realizes that sex crimes like statutory rape have the potential to ruin the lives of individuals. With her in depth understanding and knowledge of this stream of law, she is bound to provide with unmatched support, services, and legal representation. With over 20 years of experience in defending individuals with statutory rape charges against them, she can prove to be your best choice for protecting your future and reputation.

CASE LAW UPDATE: False imprisonment and criminal sexual conduct were not a single behavioral incident

Defendant challenged his sentence for false imprisonment, arguing that it was part of the same behavioral incident as his criminal sexual conduct offense for which the trial court convicted and sentenced him.  The Minnesota Court of Appeals concluded that a single criminal objective did not motivate defendant when he committed criminal sexual conduct against the victim and falsely imprisoned her, and that defendant therefore did not commit the offenses during a single behavioral incident.  Affirmed.

State v. Narveson, unpublished op., A19-0361, Olmsted County (Minn. Ct. App. 2019).

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Jury awards $11.5M verdict for sexual assaults by jailer

In a case out of Polk County, Wisconsin, a jury awarded $11.5 million dollars for sexual assaults by a jailer against two (2) female inmates.  In a special verdict form, the jury found the sheriff’s department negligent in its supervision and training of jailer Christensen and awarded compensatory and punitive damages.

CASE LAW UPDATE:  Deliberate indifference standard

According to the complaint, jailer Christensen engaged in a variety of sex acts with his victims after luring them into isolated areas of the jail that were outside the view of cameras and other staff.  The burden of proof for establishing liability was to prove that the county officials displayed deliberate indifference to the health and safety of the female inmates.  Plaintiffs had to show that the sheriff’s office knew of the substantial risk that was posed and that their training of their officers and their policies were inadequate.

CASE LAW UPDATE:  What is the intent requirement in predatory offender registration violations re leaving a motel?

At issue in this case was what it means to “leave a primary address” under Minnesota’s predatory offender registration statute, which makes an offender’s knowing failure to register a felony offense.  A jury found defendant guilty of knowingly failing to register as a predatory offender when he did not register with local law enforcement authorities within 24 hours of leaving his registered primary address, a motel room.  Defendant appealed, and the Minnesota Court of Appeals affirmed

The Minnesota Supreme Court held that (1) the phrase “leaves a primary address” in the provision that requires a predatory offender to register because of a change in the offender’s primary address means that a predatory offender’s living arrangement at the primary address has ended; and (2) because subdivision 5(a) of the predatory offender registration statute, Minn. Stat. §243.155, requires a knowing violation, and the circumstances proved by the State were consistent with the reasonable inference that defendant did not know that his living arrangement at his primary address, a motel, had ended, the evidence was insufficient to support defendant’s conviction under the circumstantial evidence standard.  Reversed.

State v. Alarcon, A17-1325, Minnesota Supreme Court.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Contact Us Today For A Free Consultation

Criminal Sexual Conduct Defense Lawyer is available for a free consultation.  If you are looking for a strong defense lawyer in your case, call her law office now to book an appointment with her:  (612) 339-5073.

Our Minnesota Criminal Sexual Conduct Lawyer Lynne Torgerson, Esq. represents clients throughout Minnesota including Minneapolis, St. Paul, Twin Cities, Edina, Eden Prairie, Blaine, Bloomington, Brooklyn Center, Brooklyn Center, Burnsville, Coon Rapids, Maple Grove, Maplewood, Plymouth, Stillwater, Woodbury, etc.. Including, but not limited to, the counties of Hennepin County, Ramsey County, Aitkin, Anoka County, Becker, Beltrami, Benton, Blue Earth, Brown, Carlton, Carver, Chippewa, Chisago, Clay, Cottonwood, Crow Wing, Dakota County, Dodge, Douglas, Freeborn, Goodhue, Grant, Houston, Isanti, Jackson, Kanabec, Kandiyohi, Kittson, Koochiching, LeSueur, Lyon, McLeod, Meeker, Mille Lacs, Morrison, Mower, Nicollet, Nobles, Olmsted, Otter Tail, Pennington, Pine, Polk, Pope, Red Lake, Redwood, Renville, Rice, Roseau, Saint Louis, cott, Sherburne, Sibley, Stearns, Steele, Stevens, Swift, Todd, Traverse, Wabasha, Wadena, Waseca, Washington County, Watonwan, Winona, Wright County, Yellow Medicine, etc. Lynne Torgerson represents clients throughout the entire State of Minnesota.  Please call (612) 339-5073 for a free consultation and for excellent, experienced legal representation.

DISCLAIMER: Throughout this website, there are statements on various laws. Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby. Further, please note that these legal statements may not currently be up to date, because the laws can change daily, and this website does not. Thus, you will always need to actually retain a lawyer to establish an attorney client relationship, to rely upon any advice, and to obtain up-to-date legal research. Thank you.