 |
Criminal Sexual ConductCriminal sexual conduct in Minnesota is classified into five categories. The severity of the charge involves the type of sexual conduct, the age of the victim relative to the perpetrator, and whether penetration of the victim occurred. Minnesota criminal sexual conduct and rape statutes contain six categories of criminal sexual offenses: First Degree Criminal Sexual Conduct First-degree criminal sexual conduct requires proof of "sexual penetration" and one or more of the following elements: (1) victim is under 13 and defendant is over 3 years older; (2) victim is 13, 14, or 15, defendant is 4 years older, the defendant is in position of authority over victim, and the defendant uses that position so victim will submit; (3) victim is under 16, and the defendant has significant relationship to victim; or the defendant has significant relationship to victim, and uses force or coercion, uses or threatens use of a real or fake weapon, causes victim reasonable fear of imminent great bodily harm, causes personal injury to the victim, or there are multiple sexual acts committed over an extended time; (4) victim has reasonable fear of great bodily harm; (5) a dangerous weapon is used or threatened; (6) the defendant causes personal injury to victim, and the defendant uses force or coercion or the defendant knows, or has reason to know, victim is mentally impaired, mentally incapacitated, or physically helpless; or (7) the defendant is aided or abetted by accomplices, and an accomplice uses force or coercion, or an accomplice uses, or threatens the use of, a real or fake dangerous weapon. Second Degree Criminal Sexual Conduct Second-degree criminal sexual conduct requires proof of "sexual contact" with elements the same as first degree criminal sexual conduct. No "sexual penetration" is necessary. Third Degree Criminal Sexual Conduct Third-degree criminal sexual conduct requires proof of "sexual penetration" and one or more of the following elements: (1) victim is under 13, and defendant is less than 3 years older; (2) victim is 13, 14, or 15, and defendant is 2 years older; (3) victim is 16 or 17, and defendant has significant relationship to victim; or defendant is in position of authority over victim, and defendant is over 4 years older, and uses that position so victim will submit; or defendant has significant relationship to victim, and uses force or coercion, uses or threatens use of real or fake weapon, causes victim reasonable fear of imminent great bodily harm, causes personal injury to the victim, or there are multiple sexual acts committed over an extended time; (4) defendant uses force or coercion; (5) defendant knows or has reason to know victim is mentally impaired, mentally incapacitated, or physically helpless; (6) defendant is aided or abetted by accomplices, and an accomplice uses force or coercion, or an accomplice uses or threatens the use of a real or fake dangerous weapon; (7) defendant is a psychotherapist, and victim is a patient, and the act occurs during a therapy session; or victim is a patient or former patient, and the victim is emotionally dependent on defendant; or victim is a patient or former patient, and the act results from a therapeutic deception; or (8) defendant is a health care professional, and the act occurs by means of false representation that it is for a bona fide medical purpose. Fourth Degree Criminal Sexual Conduct Fourth-degree criminal sexual conduct requires proof of "sexual contact" with elements the same as third degree criminal sexual conduct. Other elements are: victim is 13, 14, or 15, and defendant is 4 years older; or defendant is in a position of authority, and uses that position so victim will submit. Fifth Degree Criminal Sexual Conduct Any non-consensual sexual contact is a gross misdemeanor, and includes removal or attempt to remove clothes over intimate parts, exclusive of the buttocks. A person is guilty of criminal sexual predatory conduct if the person commits a predatory crime that was motivated by the offender's sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal. |
 |
| Solving problems and creating opportunities for more than a century |
Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.
Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish. He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area. Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.
Mr. Cichosz has become active in the community since moving to Fergus Falls. He is a two-time past commander at VFW Post 612 in Fergus Falls. He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls. He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council. For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.
Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.
J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition. The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.
Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.