Additions to Minnesota's Sexual Assault Laws: What You Need to Know

By Sullivan Rice

In response to recent contentious appellate court decisions and perceived legal gaps, the Minnesota Legislature enacted significant revisions to the state's sexual assault laws within the last few years. Signed into law by Governor Tim Walz, these changes became effective on September 15, 2021.

“Minnesota has tightened up and attempted to increase the severity of Sex Crimes. They have tried to make them harsher and more difficult to defend as well.”

Among the key adjustments:

  • Broadening the definition of "mentally incapacitated" to encompass voluntary intoxication, thereby eliminating a longstanding loophole hindering prosecutors from pursuing charges in cases involving voluntarily intoxicated victims.

  • Granting immunity from drug or underage alcohol charges to individuals reporting sexual assaults or aiding assault victims.

  • Introducing new classifications for degrees of criminal sexual conduct, including raising the age threshold from 13 to 14 in cases involving sexual conduct with minors.

  • Establishing a new offense of "sexual extortion" to prohibit coercion tactics leading victims to submit to sexual acts, such as threats against employment, immigration status, or privacy.

  • Removing the statute of limitations for filing charges in cases of criminal sexual conduct where the victim was under 18 at the time of the offense.

  • Clarifying that educators and staff are prohibited from engaging in sexual conduct with high school students, regardless of direct authority.

  • Introducing a new felony charge for sexual penetration without consent, emphasizing the requirement of affirmative consent.

  • Restricting the age range for adults claiming "mistake of age" defense in cases involving sexual conduct with 14- or 15-year-olds from ten years to five.

“Make sure you have an experienced Minnesota Sex Crimes defense attorney by your side.”

Conclusion

If you're facing allegations of sex crimes or other serious offenses, securing the services of a criminal defense attorney with profound legal expertise and a steadfast commitment to advocacy is imperative. At Jack Rice Defense, our team-centric approach ensures that our clients benefit from our collective knowledge and courtroom experience. Contact us anytime at (651) 447-7650 for immediate assistance.

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