Include the Mouth and Lips as Intimate Parts Under the Criminal Sexual Conduct Statute

 

This bill will amend the Minnesota state statute on criminal sexual conduct (CSC) as follows:

“609.341 Subd. 5. Intimate parts. "Intimate parts" includes the primary genital area, groin, inner thigh, buttocks, or

breast, AND THE MOUTH OR LIPS WHEN THE CONTACT IS COMMITTED WITH INTENT FOR SEXUAL AROUSAL, GRATIFICATION, OR ABUSE, of

a human being.”

By including the mouth or lips as intimate parts with this definition, it ensures the crime is sentenced with its sexual

motivations in mind, preserves the autonomy of the victim, and accounts for other aspects of criminal sexual misconduct

that occur with the non-consensual mouth contact. However, it is imperative that it is included with the attached clause

on intent, as it clarifies the line between regular assaults and sexual ones.

 

According to Rachel A. Van Cleave, professor at the Golden Gate University School of Law, “Incidents of sudden, unwanted

kisses have been among the many reports of sexual misconduct since the #MeToo movement gained momentum,” being many of

the 800 cases reported within its one year anniversary. Under the current statute, non-consensual contact with the mouth

would be charged as a normal assault, as the mouth and lips are not considered intimate parts. However, this severely

takes away from the gravity of the crime, as the fact that it is non-consensual and sexually motivated should ensure

appropriate sets of punishments. CSC, according to Minnesota government statistics, has higher mandatory sentences on

average, and is also accompanied by specialized treatment programs and mandatory registration as per Statute 609.341.

Without these measures in place, it presents greater harm to the community as recidivism is more likely and proper

notification to others will not occur.

Not including the mouth and lips as intimate parts also puts victims at further risk due to their decreased ability to

consent. In the words of the Minnesota Coalition Against Sexual Assault, consent is defined as “words or overt actions

indicating a freely given present agreement to perform a particular sexual act with another.” By kissing someone without

their consent, it removes one of their avenues to establish consent with a clear “Yes” or “No,” taking away from their

bodily autonomy. Not only that, but it sets a precedent that consent is not required for seemingly minor actions like

kissing, even though they can be done with sexual intent and can cause trauma or even PTSD, according to PTSD UK.

Including the mouth and lips with the characteristics mentioned ensures, overall, that non-consensual contact with the

mouth gets treatment comparable to offenses that involve the same principles. For example, contact with the breasts and

buttocks is non-penetrative, and can also be done with sexual intent. Contact with the mouth and lips can be just as

intrusive and traumatic, as seen through the psychological symptoms mentioned above. Ileana Douglas, reflecting on a

nonconsensual kiss from her boss Leslie Moonves, described the incident as “staying with her for the rest of her life,”

showcasing the impact these incidents can have on someone, and that they should be treated with greater weight than how

they are now.

It is clear that Minnesota state law needs to account for inequalities in the justice system by adding this contact to

the statute, to set precedents that empower victims of all kinds.

 

“Criminal sexual conduct” shall be defined as the non-consensual touching or penetration of intimate parts, determined

across five degrees of severity according to the Minnesota State Statutes.

“Sexual motivations/intent” shall be defined as having the goal to engage in sexual activity with someone for personal

gratification.

 

Many of the costs of the bill are covered by the State General Fund, grants, private donations, and fees from the

punishment itself. However, to account for potential increases in prison sentences, this bill proposes to add an

additional 3.5 million dollars in funding to the Minnesota Department of Corrections. This number was calculated using

the total average sentence time of 922 months for the 64 4th and 5th degree CSC offenses that received prison time in

2020, along with the average cost of $41,000 a year to incarcerate someone. All the information gathered was contained

in Minnesota government sentencing and fiscal reports, with some leeway given within the allocated budget. This 3.5

million dollars will be obtained through a 0.56% increase in the tobacco excise tax.

 

Non-consensual contact with the mouth, when charged, will fall under 5th degree or 4th degree CSC. If the crime is

accompanied by use of force or coercion, is done against a victim without the mental capacity to consent, or involves a

close relationship to the victim, it will be charged as 4th degree CSC. If it is non-consensual, yet does not have the

force, relationship, or lack of mental capacity required for 4th degree, it will be charged as 5th degree CSC. It will

be charged in a similar manner to other forms of non-penetrative CSC, such as fondling of the buttocks or breasts.

 

This bill will go into effect as of June 1st, 2026.