Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. However, there are exceptions to this general rule. There are crimes which have no limitations period under Minnesota law. Homicide; kidnapping; labor trafficking...
Did you know that Minnesota has a statute that makes it a crime to distribute private sexual images of another person without their consent? This statute, § 617.261, was under review by the Minnesota Supreme Court when a woman’s boyfriend put her sex tape with another man on the internet as a form of revenge (State v. Casillas). The boyfriend...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. For 2nd Degree and 4th Degree Criminal Sexual Conduct, sexual contact can mean different things. Trying to understand what actions fall under the definition of “sexual contact” can be confusing, which is...
Minnesota Court of Appeals Holds that to Properly Prosecute the Crime of Solicitation for Prostitution, the Solicitation Must be Done in a Public Place According to the Statute
On March 16, 2020 the Minnesota Court of Appeals decided a case regarding Minnesota Statute section 609.324, subdivision 2(2) (2018). A person violates this statue only if, while in a public place, the person hires, offers to hire, or agrees to hire another person to engage in sexual penetration or sexual contact. The case1 was brought to the Minnesota Court...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. If an accused person commits any of the following acts without the accuser’s consent, whether or not the emission of semen occurs, the accused person has engaged in “sexual penetration:” Sexual intercourse,...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. A “current or recent position of authority” includes but is not limited to: Any person who is a parent. Any person acting in the place of a parent and charged with or...
Minnesota Caselaw Identifying Categories of Individuals that Fall Under a “Current of Recent Position of Authority”
Beyond the listed categories of a “current or recent position of authority” in Minnesota Statute Section 609.341, Minnesota courts have identified several other categories of individuals that fall under a position of authority. The following categories are not an exclusive list of all positions that fall under a “current or recent position of authority.” Coach/Instructor In State v. Lewandowski, the...
Forty-six states and the District of Columbia have passed revenge porn laws, but courts are increasingly considering the constitutionality of the statutes on First Amendment grounds. However, there is little cohesion among state revenge porn laws. Two recent cases in Illinois and Texas, People v. Austin and Ex Parte Jordan Bartlett Jones, have challenged revenge porn statutes on First Amendment...
As of August 1, 2019, a handful of new criminal laws went into effect in Minnesota. Below is a shortlist to keep you in the loop: Hands Free: Holding your phone while driving is a crime, unless required for obtaining emergency assistance, if there is a threat to life and safety, or in an authorized emergency vehicle performing official duties....
Those required to register as predatory offenders must provide, among other personal information, their primary and secondary addresses, and any vehicles they own or regularly drive. All information must remain up to date; by not updating, one is deemed “non-compliant.” If a person fails to comply with the registration requirements, information about the offender may be made available to the...
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