Getting tough on repeat offenders

A second or later criminal sexual conduct may result in a felony charge at all degree levels.

Sponsored by Rep. Andrea Kieffer (R-Woodbury), HF532 would increase second and subsequent fifth-degree criminal sexual conduct offenses to a felony-level crime to match those of first- through fourth-degree offenses. The change could mean a penalty of up to five years in prison.

Approved March 2 by the House Public Safety and Crime Prevention Policy and Finance Committee, the bill was sent to the House Judiciary Policy and Finance Committee. It has no Senate companion.

“Enhancing the penalties for this type of crime and conviction could have long-term impacts on preventing future, and potentially more serious, assaults,” Kieffer said.

According to state statute, “A person is guilty of criminal sexual conduct in the fifth degree: (1) if the person engages in nonconsensual sexual contact; or (2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.”

Assistant Goodhue County Attorney Erin Kuester said these are types of offenses that can often be repeated.

“In this culture where we are saying repeat sex offenders are damage to the community and to victims, this is one of the offenses that we do not react to,” she said. “Throughout the state of Minnesota, prosecutors have joined together and have found that this is one of the existing loopholes under current Minnesota law where it allows an individual to repeatedly violate others individually, sexually, and the penalty does not change.”

Letters of support were provided by the Minnesota County Attorneys Association and Washington County Attorney Peter Orput.

A preliminary fiscal note indicated the bill’s impact would be five additional prison beds.