State Guide
Age of Consent in Minnesota
A plain-English guide to the age of consent in Minnesota, cited to Minn. Stat. § 609.344. A genuine close-in-age allowance exists for 14 and 15 year olds, with different thresholds for penetration and contact.
Close-in-age allowance, 24 or 36 months depending on conductMinnesota at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Minn. Stat. § 609.344 (Criminal Sexual Conduct, Third Degree) |
| Close-in-age mechanism | Not covered below 24 months (penetration) or 36 months (contact), victim 14–15 |
| Under 14 | No allowance — every gap is covered by some tier |
| Related offense | Criminal sexual conduct, fourth degree — Minn. Stat. § 609.345 (contact) |
Overview
Minnesota sets its age of consent at 16. Minnesota does not have a single named “Romeo and Juliet” law, but a genuine close-in-age allowance is built directly into its criminal sexual conduct statutes for a victim 14 or 15.
For sexual penetration, Minn. Stat. Section 609.344 only applies where the actor is more than 24 months older than a 14 or 15 year old. For sexual contact without penetration, the related fourth-degree statute uses a wider 36-month threshold instead. Below the relevant threshold, the specific statute does not apply.
Age of consent in Minnesota
Section 609.344, subdivision 1a(b), applies where the complainant is at least 14 but under 16 and the actor is more than 24 months older. Neither of these age-based provisions applies to a partner 16 or older, except in specific relationship-based circumstances described below.
Close-in-age rules in Minnesota
For a victim 14 or 15, the allowance depends on the type of conduct:
- Sexual penetration: not covered by third-degree criminal sexual conduct if the actor is 24 months or less older.
- Sexual contact only: not covered by fourth-degree criminal sexual conduct if the actor is 36 months or less older.
Within the 14-15 penetration tier specifically, an affirmative defense exists if the actor is more than 24 but no more than 60 months older: the actor can argue, and must prove by a preponderance of the evidence, that they reasonably believed the complainant was 16 or older.
Exceptions and defenses
For a 16 or 17 year old, sexual penetration is still criminal sexual conduct if the actor holds a position of authority and is more than 48 months older, or if the actor has a “significant relationship” to the complainant, a term Minnesota defines broadly to include certain family and household relationships. Neither mistake as to age nor consent is a defense in either of these situations, regardless of how the two people otherwise relate in age.
Applicable statutes
The codified Minnesota law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and a 17-year-old, sexual penetration, a two-year gap. Because 24 months is not exceeded, third-degree criminal sexual conduct does not reach this conduct.
Example 2. A 15-year-old and a 19-year-old, sexual penetration, a four-year gap. This exceeds 24 months, so the statute applies, though the actor may be able to raise the reasonable-belief affirmative defense.
Example 3. A 13-year-old and a 16-year-old, sexual penetration, a three-year gap. Because the victim is under 14, no close-in-age allowance applies, and this falls under the first- or third-degree provisions depending on the exact gap.
Frequently asked questions about Minnesota
What is the age of consent in Minnesota?
16. Below that age, Minn. Stat. Section 609.344 and related statutes apply different gap thresholds depending on the victim’s age and the type of conduct.
Does Minnesota have a Romeo and Juliet law?
Not a standalone named one, but a genuine allowance is built into the statutes: for a 14 or 15 year old, penetration is only covered if the gap exceeds 24 months, and contact only if it exceeds 36 months.
Why are there two different thresholds?
Minnesota grades penetration and contact-only conduct under separate statutes, third-degree and fourth-degree criminal sexual conduct, each with its own gap threshold.
Does this allowance apply to a victim under 14?
No. Every age gap is covered by some tier for a victim under 14, and neither mistake of age nor consent is a defense at that age band.
Does a position of authority change anything?
Yes. For a 16 or 17 year old, a position of authority with a 48-month gap, or a broadly defined “significant relationship,” can still trigger criminal sexual conduct charges regardless of the ordinary age-of-consent line.
Official sources
Primary and official sources this guide is built from.
Two thresholds by type of conduct
Minnesota’s allowance depends on whether penetration or contact occurred.
| Conduct | Statute | Minimum gap to trigger |
|---|---|---|
| Sexual penetration | § 609.344 (3rd degree) | More than 24 months |
| Sexual contact only | § 609.345 (4th degree) | More than 36 months |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Minnesota Statutes via the official Office of the Revisor of Statutes, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Minnesota attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the current text of Minn. Stat. § 609.344 as of 26 July 2026, confirmed directly against the official Revisor of Statutes website. An older 2005 codification described a 13-year-old threshold for this subdivision where the current text says 14, indicating a legislative amendment over time; this guide uses the current figure. It has not yet been reviewed by a licensed Minnesota attorney.