SEX OFFENDER
SENTENCING
Senate Judiciary Committee
November 18, 2013
Kelly Mitchell, MSGC Executive Director
2
Criminal Sexual Conduct Offenses
• Sex offenses are categorized into five degrees of criminal
sexual conduct (CSC), with first-degree being the most
serious. The classification of offenses into degrees is
based on a combination of factors:
• whether the offense involved sexual penetration or contact;
• the age of the victim;
• the relationship of the offender to the victim (e.g., position of
authority, significant relationship, psychotherapist, etc.);
• the degree of injury or threat of injury;
• whether a weapon was involved; and
• whether force or coercion was involved.
3
Criminal Sexual Conduct Offenses
First Degree
• Penetration and personal injury, fear of great bodily harm, or
the use of a dangerous weapon.
• Offenses involving young children, regardless of whether or not
any injury, force or weapons were involved.
Second Degree
• Similar to first-degree but involves sexual contact rather than
penetration.
Third Degree
• Penetration and focus on children who are slightly older, or
cases in which there was force or coercion.
• Cases involving psychotherapists, health professionals, clergy
and correctional employees.
4
Criminal Sexual Conduct Offenses
Fourth Degree
• Similar to fourth degree, but involves sexual contact
rather than penetration.
Fifth Degree
• Repeat violations of gross misdemeanor indecent
exposure offenses involving minors.
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CSC Case Volume: 1993-2012
Number of Offenders Sentenced for CSC
900
800
700
600
500
400
300
200
100
0
1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Number
828 880 770 632 635 670 562 539 512 558 607 591 590 593 586 582 579 600 582 544
Sentenced
6
Distribution by Degree (2012)
900
1st
800
2nd
700
3rd
4th
600
5th
500
400
300
200
100
0
1st
1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
194 193 161 153 146 160 125 105 139 138 170 137 148 130 122 144 105 143 150 136
2nd 279 270 225 161 186 197 153 155 128 148 133 146 145 146 142 134 147 141 127 135
3rd 211 260 258 200 186 197 183 171 162 178 189 208 202 207 217 201 206 200 214 184
4th 144 157 126 118 114 112 101 104 79 94 111 100 95 109 105 103 118 115 89 89
5th
0
0
0
0
3
4
0
4
4
0
4
0
0
1
0
0
3
1
2
0
7
Sentencing Enhancements Over Time
• 2000: Legislature enacts 144-month mandatory minimum
for first-degree criminal sexual conduct offenses.
• 2002: Legislature enacts 90-month mandatory minimum
for second-degree criminal sexual conduct offenses.
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Sentencing Enhancements Over Time
• 2005: Legislature enacts Minn. Stat. § 609.3455, which
established:
• Mandatory life sentences for certain repeat and egregious first-time
offenders;
• A 10-year conditional release term for most criminal sexual conduct
convictions;
• A lifetime conditional release term for repeat offenders and
offenders sentenced to life.
In its 2005 report to the Legislature, the Commission recommended
that life sentences be established so that there would be a specific
indeterminate sentencing option for offenders considered “the worst of
the worst.” Many of the attributes suggested by the Commission were
enacted in these provisions.
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Sentencing Enhancements Over Time
• 2006: Sex Offender Grid Enacted
• Presumptive minimum sentence for first- and second-degree
offenses is on the Grid at a criminal history score of 0.
• Maximum sentence set by the Legislature is on the Grid for all
degrees at a criminal history score of 6.
• Increases the weights in criminal history of some prior sex offenses
if the offender commits a new offense that is on the Sex Offender
Grid.
• Assigns two custody status points to repeat sex offenders who
commit a new sex offense while on probation or supervised release
for a prior sex offense.
10
Sentencing Enhancements Over Time
• 2006: Legislature Enacts Engrained Offender Provision
• Establishes mandatory minimum of double the presumptive
Guidelines sentence for offenders who are a danger to the
public and for whom the risk to reoffend is great without
psychotherapeutic intervention.
• 2013: Legislature reinstates 3-year mandatory minimum
for repeat offenders
• Requires executed sentence of at least 36 months if the offender
has a previous sex offense conviction.
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Minimum Presumptive Sentences
by Degree Over Time
At Criminal History Score 0
160
Minimum Recommended
(Months)
140
120
100
80
144
0
90
86
40
20
*
144
60
48 48
43
12 21 18 21 24 24
12 21 18 21
90
48
12 21 18 21
18 24
36 36
1988
1999
2005
2012
CSC 4-Minor*
12
12
12
18
CSC 4-Force*
21
21
21
24
CSC 3-Minor*
18
18
18
36
CSC 2-Minor*
21
21
21
36
CSC 3-Force
24
48
48
48
CSC 2-Force
24
48
90
90
CSC 1
43
86
144
144
Presumptive sentence = stayed (probationary) sentence
48
12
Maximum Presumptive Sentences
by Degree Over Time
At Criminal History Score 6
400
Minimum Recommended
(Months)
350
300
250
200
360
150
300
100
50
0
41 65 54 65
97 97
158
132
158
108 108
30 57 48 57
108 108
30 57 48 57
84
120 140 140
180
1988
1999
2005
2012
CSC 4-Minor
41
30
30
84
CSC 4-Force
65
57
57
120
CSC 3-Minor
54
48
48
140
CSC 2-Minor
65
57
57
140
CSC 3-Force
97
108
108
180
CSC 2-Force
97
108
108
300
CSC 1
132
158
158
360
13
Average Pronounced Sentences
by Degree Over Time
Executed Sentences by Offense
200
180
Average Pronounced
Prison (Months)
160
140
120
100
181
80
150
123
60
40
20
0
75
20 34 37 32 39 35
54
67 65 72
36 38 35
86
45 49
25 38
63
81
108
102
42
58 56
81 70
1988
1999
2005
2012
CSC 4-Minor
20
36
25
42
CSC 4-Force
34
38
38
58
CSC 3-Minor
37
35
45
56
81
CSC 2-Minor
32
67
49
CSC 3-Force
39
65
63
70
CSC 2-Force
35
72
81
108
CSC 1
75
123
150
181
Overall
54
86
102
128
128
14
Double Presumptive Sentence
Presumptive Sentence
Pronounced Sentence
400
350
300
Months
250
200
150
100
50
0
2010
2011
*This information illustrates offenders that received prison sentences that were double the length of their
presumptive sentence or more. This does not include offenses that were sentenced consecutively.
2012
15
Sentences of 30 Years or More
30 Years or More is Presumptive
30 Years or More is High End of Range or Aggravated Departure
Number of Offenders
10
2
8
6
4
3
3
2
2
2
2010
2011
8
0
2012
*This information illustrates offenders who received prison sentences of 360 months (30 years) or more that
were not twice their presumptive sentences.
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Life Sentences Issued Over Time
No Release
Pronounced Minimum to Serve
400
350
300
Months
250
200
150
100
50
0
2006
2007
2008
0 True Prior CSC
True Prior CSC
4
1 True Prior CSC
2009
2010
2 True Prior CSC
8
2011
3 True Prior CSC
5
2012
4 True Prior CSC
1
1