Benson elementary teacher Roger Ebnet jailed on charges of 2nd Degree Sexual Conduct

By Reed Anfinson
Publisher
(Updated 12/7/2022)
Benson Elementary teacher Roger Ebnet, 59, appeared in Swift County 8th Judicial District Court in Benson Monday to face three counts of Criminal Sexual Conduct in the 2nd Degree.
At the hearing, he was read the charges against him, signed his statement of rights as well as his recognition of the charges he faces, and his right to an attorney.
Ebnet was arrested at approximately 3 p.m. Friday by the Benson Police Department, initially jailed at the Swift County Jail, but then transferred to the Yellow Medicine County Jail. After his court hearing Monday, he was returned to the Yellow Medicine County Jail.
His arrest came after the Benson Police Department obtained a video from the Northside Elementary School showing officers what appears to be sexual acts involving three of his students.
Each of the three charges is alleged to have involved children in his classroom between Wednesday, Nov. 30, and Thursday, Dec. 1. Other children from his class were present at the time.
Judge Keith Helgeson set Ebnet’s cash bail Monday at $200,000, or bond, at $200,000 for unconditional release.
Cash bail or bond were set at $25,000 for release under court-ordered conditions.
If given conditional release, Ebnet is to comply with electronic GPS monitoring and is not to leave the state. He is to have no contact with the victims and not enter Benson Public Schools or their premises.
If he does post bail, he is not to be released until four hours later to allow the parents or guardians of the victims to be notified.
Ebnet faces three felony charges of criminal sexual conduct -2nd Degree – Contact Under 14 - Actor more than 36 months older. Each of the three counts carries a maximum penalty of $35,000 and 25 years in prison.
In each of the three counts, Ebnet is alleged to have engaged in sexual conduct with a child under the age of 14. All three offenses are alleged to have taken place between Nov. 30 and Dec. 1.
A video obtained by the Benson police from Ebnet’s classroom shows that while class is in session, he is observed to have three separate minor boys seated between his legs during various times of the day. The children are between the ages of 7 and 8.
It appears, the complaint states, that Ebnet has the children close their eyes and face away from him. In the case of child one, Ebnet is alleged to have taken the minor’s hands and placed them behind the boy’s back. The video then shows Ebnet apparently placing the boy’s hands under his groin area.
The video shows “Ebnet squeezing his legs, moving his groin area up toward the child’s bottom/hand, rocking back and forth, and then moving the child away to look at his groin area and then moves the child between his legs again,” the complaint states.
Ebnet is seen repeating the actions with the second child, the complaint says.
In the third incident, Ebnet appears to “forcibly” place the child’s hands behind his back, the then performs behavior similar to the first two incidents, the complaint states.
The complaint points out that Ebnet is an elementary teacher with direct supervision over the children in his class.
Ebnet has been scheduled for a Rule 8 hearing Dec. 14
At the hearing, he will again be advised of his rights and given the opportunity to enter a guilty plea. If he doesn’t enter a guilty plea, an omnibus hearing will be scheduled.
At an omnibus hearing, the defendant pleads guilty or not guilty, the prosecution establishes probable cause for the charges, and issues involving evidence that has been submitted are discussed.
 
Benson schools offering counseling, support
Monday afternoon, Benson Public Schools Supt. Dennis Laumeyer issued the following statement:
“Benson Schools has social workers and counselors available for students and staff.  In addition, notifications will be sent home to parents.
“We want to make sure students have the supports in place and people to talk to as needed. We will also be providing resources to parents to initiate conversations with their children. Parents are encouraged to contact the building principals or district office should they feel their child needs support.
“The safety of our students is our top priority. Benson Schools prepared to support our students, staff, and parents through this difficult process.”
As the news of Ebnet’s arrest began to spread in the community Saturday morning, Laumeyer issued a statement addressing the issue:
“The Benson School District is aware of the pending criminal charges regarding Roger Ebnet, an employee of the school district.  The school district takes the safety and security of our students very seriously and has been cooperating and will continue to cooperate fully with law enforcement in its investigation.  Mr. Ebnet is currently on paid administrative leave.  
“This is the extent of the information the school district can provide about this matter at this time.  All further data is classified as private or confidential pursuant to state and/or federal law,” he said.
The school district was also going to post a message on its website, however, there was no public-facing statement on it. There is a parent portal for those who have kids in the school district, but that requires a password.
The Benson Police Department issued a news release shortly after Ebnet’s arrest stating that it was “conducting an investigation into this matter and is unable to comment further at this time.”
 
Criminal Sexual Conduct – 2nd Degree - Minors
A victim under the age of 18; crime defined.
A person who engages in sexual contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(b) the actor is armed with a dangerous weapon, or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force, as defined in statute…
(iii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(d) the actor is aided or abetted by one or more accomplices … and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon, or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
(e) the complainant is under 14 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;
(f) the complainant is at least 14 but less than 16 years of age and the actor is more than 36 months older than the complainant and in a current or recent position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the complainant was under 16 years of age at the time of the sexual contact and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or
(i) the actor uses force, as defined in statute…
 
Penalty
(a) Except as otherwise provided in statute, …. a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.
 
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Original Story (12/3/2022)
Benson Elementary teacher Roger Ebnet, 59, is being held in the Yellow Medicine County Jail on Criminal Sexual Conduct - 2nd Degree charges. He was taken into custody Friday in Swift County, held initially in the Swift County Jail, but then transferred to the jail in Granite Falls.
Saturday morning, Supt. Dennis Laumeyer issued the following statement:
“The Benson School District is aware of the pending criminal charges regarding Roger Ebnet, an employee of the school district.  The school district takes the safety and security of our students very seriously and has been cooperating and will continue to cooperate fully with law enforcement in its investigation.  Mr. Ebnet is currently on paid administrative leave.  
“This is the extent of the information the School District can provide about this matter at this time.  All further data is classified as private or confidential pursuant to state and/or federal law,” he said.
The school district was planning on putting a statement on its website Saturday afternoon.
Generally, when a person is arrested and held over the weekend, they will make a first appearance in 8th Judicial District Court Monday. At the first appearance, they will be read the charges against them and formally charged,  and bail or conditions of release will be set.
Minnesota state statute on criminal sexual conduct in the second degree covers both cases involving victims who are adults and those who are minors.
 
For adult victims, the statute says:
A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(b) the actor is armed with a dangerous weapon, or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force as (defined in in statute as):  "Force" means either: (1) the infliction by the actor of bodily harm; or (2) the attempted infliction, or threatened infliction by the actor of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which causes the complainant to reasonably believe that the actor has the present ability to execute the threat, or
(iii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(d) the actor uses force as (defined in in statute), or
(e) the actor is aided or abetted by one or more accomplices … and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon, or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit.
 
For minor victims, the statute says:
A victim under the age of 18; crime defined.
A person who engages in sexual contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(b) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force, as defined in statute…
(iii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(d) the actor is aided or abetted by one or more accomplices … and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon, or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
(e) the complainant is under 14 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;
(f) the complainant is at least 14 but less than 16 years of age and the actor is more than 36 months older than the complainant and in a current or recent position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the complainant was under 16 years of age at the time of the sexual contact and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or
(i) the actor uses force, as defined in statute…
 
Penalty
(a) Except as otherwise provided in statute, …. a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.