MINNESOTA

CHILD SEX ABUSE SOLs

CURRENT CIVIL SOL

CSA: There is no civil SOL for CSA claims against any defendant.

Trafficking: There is no civil SOL for trafficking claims that fall under the CSA statute. Remaining trafficking claims have an SOL of age 24 under the general personal injury SOL.

CSAM: The civil SOL is age 24 for CSAM claims.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: NONE

TRAFFICKING: NONE

CSAM: AGE 24

REVIVAL LAW

NONE

DISCOVERY TOLLING

NONE

Civil SOL History

Age Cap

2002

CSA SOL of age 24 (age of majority, 18, plus 6 years), which included some trafficking offenses.[i]  CSAM SOL of age 24 (age of majority, 18, plus 6 years). [ii]

2013

Eliminated the SOL for CSA and some trafficking claims, except for those based on vicarious liability, which retain the age 24 SOL.[iii]

 

Revival Law

2013

Opened a 3-year revival window for previously expired CSA claims against all types of defendants from May 26, 2013 until May 25, 2016.[iv]

 

Discovery

Common Law

No common law discovery rule for CSA.[v]

Statutory

Minnesota had a statutory discovery rule in effect from 1990 until 2013 when the SOL was eliminated.[vi]   The retroactive 1990 statute gave victims 2 years from discovery to sue for intentional torts and 6 years from discovery to sue for claims of negligence, even if the SOL had expired prior to enactment.[vii]  In 1991, this distinction was amended out and a 6-year discovery rule became available for all claims of abuse.[viii]  The 6-year SOL ran from reasonable discovery of injury after reaching age eighteen.[ix]  The discovery date was “the time at which the complainant knew or should have known that he/she was sexually abused.”[x]  The discovery statute was applicable to claims against all types of defendants—including institutions.[xi]  In 2013, Minnesota eliminated the civil SOL for all claims that were not expired as of the effective date[xii] and did away with its statutory discovery rule.[xiii]

 

[i] Minn. Stat. Ann. §§ 541.073 (2002) (CSA SOL); 541.15 (2002) (minority tolling); 609.321 (sex trafficking); D.M.S. v. Barber, supra note 504, at 390 (concluding, “the six-year period of limitation under the delayed discovery statute begins to run when the victim reaches the age of majority.”).

[ii] Minn. Stat. Ann. § 617.245 (2002) (CSAM SOL).

[iii] Id. at § 541.073 (2013) (CSA SOL).

[iv] Id. at § 541.073 (2013) (SOL); 2013 Minn. Sess. Law Serv. Ch. 89 (H.F. 681).

[v] See Roe v. Archdiocese of St. Paul and Minneapolis, 518 N.W.2d 629, 632 (Minn. Ct. App. 1994) (declining to apply a common law discovery rule to child sex abuse claim where plaintiff repressed memories of abuse, noting, “if the legislature intended to draft such a tolling statute, it could have done so.”).

[vi] Minn. Stat. Ann. § 541.073 (2013).

[vii] Id. at § 541.073 (1990). See K.E. v. Hoffman, 452 N.W.2d 509, 512 (Minn. Ct. App. 1990) (finding the 1990 discovery statute applied retroactively to revive expired claims if the plaintiff consulted an attorney to file a lawsuit within two years of discovery); Lickteig v. Kolar, 782 N.W.2d 810, 819 (Minn. 2010) (holding that “the delayed discovery statute applies retroactively.”).

[viii]  Minn. Stat. Ann. § 541.073 (1991).

[ix] D.M.S. v. Barber, supra note 504, at 390 (Minn. 2002) (determining that, “as a matter of law, a reasonable child is incapable of knowing that he or she has been sexually abused and . . .  the six-year period of limitation under the delayed discovery statute begins to run when the victim reaches the age of majority.”).

[x] Id. at 387 (quoting Blackowiak v. Kemp, 546 N.W.2d 1, 3 (Minn.1996)).

[xi] Dymit v. Independent Sch. Dist. 717, No. A04-471, 2004 WL 2857375, at *5 (Minn. Ct. App. Dec. 14, 2004) (determining that “[s]ince both the plain meaning of the statute and the caselaw indicate that sexual abuse actions should be brought under Minn. Stat. § 541.073, appellant’s claim against the school district is governed by this section.”).

[xii] Minn. Stat. Ann. § 541.073 (2021) (except for vicarious liability claims, which still must be commenced before the plaintiff is twenty-four).

[xiii] Id. at § 541.073 (2021); 2013 Minn. Sess. Law Serv. Ch. 89 (H.F. 681) (stipulating, “this section applies to actions that were not time-barred before the effective date.”).

CURRENT MINNESOTA CIVIL LAW

Minn. Stat. Ann. § 541.073 - Actions for damages due to sexual abuse; special provisions
Subdivision 1. Definition. As used in this section:
(1) “sexual abuse” means conduct described in sections 609.342 to 609.3451 and 609.3458; and
(2) “person” includes a natural person, corporation, limited liability company, partnership, organization, association, or other entity.
Subd. 2. Limitations period. (a) An action for damages based on sexual abuse: (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.
(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.
(c) This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.
Subd. 3. Applicability. This section applies to an action for damages commenced against a person who was a cause of the plaintiff’s damages either by (1) committing sexual abuse against the plaintiff, or (2) negligence.
Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious liability or liability under the doctrine of respondeat superior must be commenced within six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years of age. This subdivision does not limit the availability of these claims under other law.
Subd. 5. Title. This section may be cited as the “Child Victims Act.”
Case law

D.M.S. v. Barber, 645 N.W.2d 383, 390 (Minn. 2002) (“[T]he six-year period of limitation under the delayed discovery statute begins to run when the victim reaches the age of majority.”).

CURRENT CRIMINAL SOL

CSA: In Minnesota, there is no SOL for criminal sexual conduct and prostitution. The SOL for other felonies and misdemeanors is 3 years from the offense.

Trafficking: There is no SOL for sex trafficking.

CSAM: The SOL for CSAM violations is 3 years from the offense.

CRIMINAL SOL SNAPSHOT

 

CSA

No SOL

TRAFFICKING

No SOL

CSAM

3 years from offense

Criminal SOL History

Age Cap

2000

As of 2000, the criminal SOL in Minnesota for criminal sexual conduct was 9 years after the offense or 3 years after it is reported to the authorities, and the SOL was 3 years from the crime for all other felonies and misdemeanors, including CSAM and trafficking violations.  There was also no SOL for criminal sexual conduct if DNA evidence was collected.[i]

2009

Clarified that its SOL for criminal sexual conduct was 9 years from the offense or 3 years after it was reported, whichever is later.

2015

Extended the SOL for sex trafficking, solicitation, inducement, and promotion of prostitution to the later of 9 years from the offense or 3 years after it was reported, or no SOL if DNA evidence was collected.[ii]

2021

Eliminated the criminal SOL for the following felonies: sex trafficking, solicitation, inducement, and promotion of prostitution, and criminal sexual conduct in the 1st, 2nd, 3rd, and 4th degrees.[iii]

 

[i] Id. at §§ 628.26(e) (2000) (nine-year SOL), 628.26(f) (2000) (DNA).

[ii] Id. at §§ 628.26(e) (2015) (nine-year SOL), 628.26(f) (2000) (DNA).

[iii] Id. at § 628.26(e) (2021) (no SOL); 2021 Minn. Sess. Law Serv. Ch. 11 (H.F. 63). 

CURRENT MINNESOTA CRIMINAL LAW

Minn. Stat. Ann. § 628.26 - Limitations
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.
(k) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
(l) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
(m) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
(n) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the Minnesota SOL in a particular case, contact a lawyer in the state.

Last Updated: December 4, 2023