Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In Minnesota, sexual assault is legally referred to as 'criminal sexual conduct' and is categorized into several degrees based on the severity of the act and the circumstances surrounding it. Forced sexual intercourse, sodomy, or other sexual penetration without consent falls under these statutes. Minnesota law recognizes five degrees of criminal sexual conduct, with first-degree being the most severe. Aggravated sexual assault of a child is particularly serious and is typically charged when the victim is under a certain age, which enhances the penalties upon conviction. For example, under Minnesota Statute 609.342, first-degree criminal sexual conduct includes sexual penetration or contact with a person under 13 years old by an individual who is more than 36 months older than the victim. The penalties for such offenses are severe and can include lengthy prison sentences, fines, and mandatory registration as a sex offender. The exact age of the child and the age difference between the offender and the victim can affect the degree of the charge and the corresponding punishment.