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
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
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