OPINION
RANDALL, Judge.
The state appeals a downward disposi-tional sentencing departure from the presumptive sentence of 98 months for respondent’s first degree criminal sexual conduct conviction. We affirm.
FACTS
Respondent Eric James Dokken pleaded guilty to one count of first degree criminal sexual conduct and one count of second degree criminal sexual conduct involving two six-year-old boys, in violation of Minn. Stat. §§ 609.342, subd. 1(a), 609.343, subd. 1(a) (1990). As part of a plea agreement, additional charges for incidents allegedly occurring between 1986 and 1989 involving two other victims were dismissed.
The trial court ordered a presumptive stayed 21-month prison sentence for the second degree offense (zero score), and dis-positionally departed from the presumptive 98 month prison sentence for the first degree offense (score of 1), ordering a stayed sentence, a year in jail without work release, treatment at the University of Minnesota sex offender program, restitution, and 20 years of probation.
ISSUE
Did the trial court err by departing downward dispositionally from the sentencing guidelines?
ANALYSIS
A trial court may depart from a presumptive sentence if substantial and compelling circumstances are present. State v. Best, 449 N.W.2d 426, 427 (Minn.1989); State v. Kindem, 313 N.W.2d 6, 7 (Minn.1981). A departure is reviewed for abuse of discretion. State v. Garcia, 302 N.W.2d 643, 647 (Minn.1981). Furthermore,
[ a] trial court sentencing a defendant for criminal sexual conduct may depart dis-positionally from the presumptive sentence and place the defendant on proba[917]*917tion only if the defendant is particularly amenable to probation or if offense-related mitigating circumstances are present.
State v. Love, 350 N.W.2d 359, 360 (Minn.1984).
The state argues the trial court’s departure was an abuse of discretion because insufficient evidence supports the departure and the sentence is disproportionately lenient. We disagree. Although the case is close, as the trial court acknowledged on the record, the trial court gave detailed permissible reasons for considering a stayed sentence rather than an executed one. The record supports the trial court’s conclusion that a downward disposi-tional departure was reasonable and permissible.
At the sentencing hearing, respondent presented the expert testimony of Dr. Janice Amberson, a consulting psychologist, who endorsed treating respondent in a sex offender program at the University of Minnesota. Dr. Amberson stated that the program does a “particularly good job in dealing with higher functioning people.”
She also found the program appropriate for respondent because of its length, averaging two years, and its family treatment component. Dr. Amberson stated that, of those offenders who complete the program, the rate of recidivism after 10 years is less than five percent. The state presented opposing affidavits, but chose not to call any expert witnesses for oral testimony.
The trial court found:
It’s a tough decision but I believe there is a chance of rehabilitating [respondent]. I believe there is a good chance of success based upon the testimony I have heard today * * *, as well as a review of the two medical reports.
It is my opinion that [respondent] is amenable to probation supervision, that he is amenable to treatment, and for that reason I am departing from the guidelines.
Whether a defendant is amenable to probation depends upon “numerous factors, including age, * * * prior record, remorse, * * * cooperation, * * * attitude while in court, and the support of friends * * * or family.” State v. Carter, 424 N.W.2d 821, 824 (Minn.App.1988) (quoting State v. Trog, 323 N.W.2d 28, 31 (Minn.1982)). Respondent satisfies the Trog factors. He is relatively young, now 28, with no prior criminal history. He confessed to the charges and sought counseling prior to pleading guilty. He showed remorse for his crimes, had his parents’ full support, and indicated motivation for treatment.
The record is sufficient to support the trial court’s decision to dispositionally depart by staying execution of respondent’s sentences and placing him on a lengthy and rigid probation to follow the year in jail.
The state argues the trial court tended to negate or overlook the seriousness of respondent’s crime. We find the opposite is true. It is clear from the record the trial court was fully apprised of the extent and seriousness of respondent’s conduct. The trial court knew that if respondent received the presumptive sentence to a state penitentiary, although it would mean more time behind bars, it would also mean respondent might either receive no treatment or, if he chose to take part in a state prison program, could attend without getting involved. A prison inmate serving a standard determinative sentence may not be compelled to take part in a treatment program and, if enrolled in one, cannot have his sentence lengthened if he does not take the program seriously. On the other hand, a defendant who receives a stay of execution of a sentence with a specific condition of probation being meaningful compliance with a treatment program, is required to successfully complete the treatment program. Failure to participate could constitute a probation violation. If the sentencing court finds a probation violation by reason of failure to meaningfully participate in a mandated treatment program, the defendant’s stay of execution can be revoked and the presumptive sentence to [918]*918prison imposed. See, e.g., State v. Rock, 380 N.W.2d 211, 212-13 (Minn.App.1986) (probation revoked and presumptive executed sentence imposed because offender did not enter and complete a treatment program), pet. for rev. denied (Minn. Mar. 27, 1986); State v. Hemmings, 371 N.W.2d 44, 47 (Minn.App.1985) (probation revoked and presumptive sentence imposed because offender terminated from treatment program).
The trial court correctly determined that greater leverage for treatment was available through strict terms of probation rather than executing a presumptive sentence. Given these circumstances, and giving the deference we must to the trial court’s assessment of the weight of the documentary evidence and the expert witness who testified on the subject of respondent’s amenability to treatment, we cannot say the trial court abused its discretion by departing dispositionally.
The state also argues that Minn. Stat. § 609.342 (1990), by negative implication, mandates a presumptive sentence for first degree criminal sexual conduct because section 609.342, subdivision 3 sets forth requirements for a stay only in cases where a “significant relationship” facilitated criminal sexual conduct. We disagree.
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OPINION
RANDALL, Judge.
The state appeals a downward disposi-tional sentencing departure from the presumptive sentence of 98 months for respondent’s first degree criminal sexual conduct conviction. We affirm.
FACTS
Respondent Eric James Dokken pleaded guilty to one count of first degree criminal sexual conduct and one count of second degree criminal sexual conduct involving two six-year-old boys, in violation of Minn. Stat. §§ 609.342, subd. 1(a), 609.343, subd. 1(a) (1990). As part of a plea agreement, additional charges for incidents allegedly occurring between 1986 and 1989 involving two other victims were dismissed.
The trial court ordered a presumptive stayed 21-month prison sentence for the second degree offense (zero score), and dis-positionally departed from the presumptive 98 month prison sentence for the first degree offense (score of 1), ordering a stayed sentence, a year in jail without work release, treatment at the University of Minnesota sex offender program, restitution, and 20 years of probation.
ISSUE
Did the trial court err by departing downward dispositionally from the sentencing guidelines?
ANALYSIS
A trial court may depart from a presumptive sentence if substantial and compelling circumstances are present. State v. Best, 449 N.W.2d 426, 427 (Minn.1989); State v. Kindem, 313 N.W.2d 6, 7 (Minn.1981). A departure is reviewed for abuse of discretion. State v. Garcia, 302 N.W.2d 643, 647 (Minn.1981). Furthermore,
[ a] trial court sentencing a defendant for criminal sexual conduct may depart dis-positionally from the presumptive sentence and place the defendant on proba[917]*917tion only if the defendant is particularly amenable to probation or if offense-related mitigating circumstances are present.
State v. Love, 350 N.W.2d 359, 360 (Minn.1984).
The state argues the trial court’s departure was an abuse of discretion because insufficient evidence supports the departure and the sentence is disproportionately lenient. We disagree. Although the case is close, as the trial court acknowledged on the record, the trial court gave detailed permissible reasons for considering a stayed sentence rather than an executed one. The record supports the trial court’s conclusion that a downward disposi-tional departure was reasonable and permissible.
At the sentencing hearing, respondent presented the expert testimony of Dr. Janice Amberson, a consulting psychologist, who endorsed treating respondent in a sex offender program at the University of Minnesota. Dr. Amberson stated that the program does a “particularly good job in dealing with higher functioning people.”
She also found the program appropriate for respondent because of its length, averaging two years, and its family treatment component. Dr. Amberson stated that, of those offenders who complete the program, the rate of recidivism after 10 years is less than five percent. The state presented opposing affidavits, but chose not to call any expert witnesses for oral testimony.
The trial court found:
It’s a tough decision but I believe there is a chance of rehabilitating [respondent]. I believe there is a good chance of success based upon the testimony I have heard today * * *, as well as a review of the two medical reports.
It is my opinion that [respondent] is amenable to probation supervision, that he is amenable to treatment, and for that reason I am departing from the guidelines.
Whether a defendant is amenable to probation depends upon “numerous factors, including age, * * * prior record, remorse, * * * cooperation, * * * attitude while in court, and the support of friends * * * or family.” State v. Carter, 424 N.W.2d 821, 824 (Minn.App.1988) (quoting State v. Trog, 323 N.W.2d 28, 31 (Minn.1982)). Respondent satisfies the Trog factors. He is relatively young, now 28, with no prior criminal history. He confessed to the charges and sought counseling prior to pleading guilty. He showed remorse for his crimes, had his parents’ full support, and indicated motivation for treatment.
The record is sufficient to support the trial court’s decision to dispositionally depart by staying execution of respondent’s sentences and placing him on a lengthy and rigid probation to follow the year in jail.
The state argues the trial court tended to negate or overlook the seriousness of respondent’s crime. We find the opposite is true. It is clear from the record the trial court was fully apprised of the extent and seriousness of respondent’s conduct. The trial court knew that if respondent received the presumptive sentence to a state penitentiary, although it would mean more time behind bars, it would also mean respondent might either receive no treatment or, if he chose to take part in a state prison program, could attend without getting involved. A prison inmate serving a standard determinative sentence may not be compelled to take part in a treatment program and, if enrolled in one, cannot have his sentence lengthened if he does not take the program seriously. On the other hand, a defendant who receives a stay of execution of a sentence with a specific condition of probation being meaningful compliance with a treatment program, is required to successfully complete the treatment program. Failure to participate could constitute a probation violation. If the sentencing court finds a probation violation by reason of failure to meaningfully participate in a mandated treatment program, the defendant’s stay of execution can be revoked and the presumptive sentence to [918]*918prison imposed. See, e.g., State v. Rock, 380 N.W.2d 211, 212-13 (Minn.App.1986) (probation revoked and presumptive executed sentence imposed because offender did not enter and complete a treatment program), pet. for rev. denied (Minn. Mar. 27, 1986); State v. Hemmings, 371 N.W.2d 44, 47 (Minn.App.1985) (probation revoked and presumptive sentence imposed because offender terminated from treatment program).
The trial court correctly determined that greater leverage for treatment was available through strict terms of probation rather than executing a presumptive sentence. Given these circumstances, and giving the deference we must to the trial court’s assessment of the weight of the documentary evidence and the expert witness who testified on the subject of respondent’s amenability to treatment, we cannot say the trial court abused its discretion by departing dispositionally.
The state also argues that Minn. Stat. § 609.342 (1990), by negative implication, mandates a presumptive sentence for first degree criminal sexual conduct because section 609.342, subdivision 3 sets forth requirements for a stay only in cases where a “significant relationship” facilitated criminal sexual conduct. We disagree. The state’s argument contradicts Minnesota’s code of statutory construction. “Exceptions expressed in a law shall be construed to exclude all others.” Minn.Stat. § 645.19 (1990). As a rule, trial courts are permitted to stay imposition or execution of sentences. See Minn.Stat. § 609.135 (1990) (court may stay imposition of sentence when practicable); Minn.Sent. Guidelines II.D. (judge may stay presumptive sentence when “substantial and compelling circumstances” are present).
Minn.Stat. § 609.342, subd. 3 is an exception to the general rule because it preconditions stays in “significant relationship” cases of first degree criminal sexual conduct. Subdivision 3 is not meant to prevent stays for first degree criminal sexual conduct convictions that are not “significant relationship” convictions.1
Trial court authority to impose stay of execution/imposition is the rule, and exceptions are rare. For instance, first degree criminal sexual conduct mandatorily requires a minimum term of imprisonment, but only if a dangerous weapon is involved. See Minn.Stat. § 609.11, subds. 4, 5, and 9 (1990). Subsequent convictions for criminal sexual conduct, statutorily mandating a minimum term of imprisonment, contain an exception if the offender is amenable to treatment. See Minn.Stat. § 609.346, subd. 2 (1990). Section 609.342, subdivision 3 cannot be given the limited construction sought by the state.
The state argues vigorously the sentence was far too lenient for the crime. We agree the case is troublesome — so did the trial court. The nature of the acts and the age of the victims present an important question of balancing tangibles, such as criminal history score, and intangibles, such as the trial court’s overall impression of the defendant who stood before him, alongside the issues of due process to victim, defendant, and the administration of justice. But to do what the state asks and reverse a dispositional downward departure and institute a 98 month presumptive sentence is a weighty and grave matter for an intermediate appellate court. We have the authority, see Minn.R.Crim.P. 28.05, subd. 2, but the action is drastic. When an appellate court reverses a stay of execution and imposes a presumptive prison sentence, the appellate court is literally reaching down and interjecting itself into the sentencing process. We would be taking a defendant out of a county jail and placing him in a state penitentiary, when the trial judge who personally saw the defendant at sentencing and who heard the plea of guilty, an opportunity an appellate court never has, chose not to imprison.
Affirming a presumptive sentence does not interfere with the sentencing process, [919]*919but merely states the trial court acted within its discretion. Reversing an upward departure interferes somewhat, but in a mild way, as the appellate court simply finds that, although a sentence is appropriate, the record does not support harshness. But when a reviewing court takes a defendant off probation and places him in a state prison, there is direct and substantial interference with the sentencing process. That power needs to be exercised carefully, and is a power that cannot be used merely because we do not like the trial court sentence.
This court may have acted otherwise had it been sitting as a sentencing court. As a reviewing court, however, we are loath to interfere in the absence of an abuse of the discretion granted in departing dispo-sitionally from the [sentencing] guidelines.
State v. Case, 350 N.W.2d 473, 476 (Minn.App.1984).
Our search for precedent revealed no Minnesota case where a trial court departed dispositionally downward from a presumptive prison term, this court reversed and imposed the presumptive prison term, the defendant sought and received certiora-ri, and the Minnesota Supreme Court affirmed our reversal. The rare instances where the Minnesota Supreme Court has reversed a presumptive sentence or reversed a trial court’s refusal to depart have been on the side of leniency. In State v. Hennum, 441 N.W.2d 793 (Minn.1989), the supreme court reversed the trial court’s imposition of a presumptive sentence and imposed a downward departure. In State v. Wall, 343 N.W.2d 22 (Minn.1984), the supreme court reversed a trial court’s decision not to depart downward. The one time the supreme court reviewed a case of ours in the procedural posture that we would find ourselves in if we reversed the trial court here, this court was reversed and the trial court’s decision to depart downward upheld. State v. Mattson, 376 N.W.2d 413 (Minn.1985) (the trial court imposed a downward durational departure; the Court of Appeals found to have erred in increasing the sentence to the presumptive sentence duration).
The trial court deliberated long and hard over the appropriate sentence. It coupled jail time with lengthy and rigid terms of probation and cautioned respondent to cooperate with the treatment program and take seriously all terms of his probation. We find no trial court error or abuse of discretion in the sentencing of respondent.
DECISION
We find no abuse of discretion in departing downward dispositionally, and the trial court’s use of a stayed sentence was permissible.
Affirmed.