MINNESOTA

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

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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

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

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.

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Last Updated: December 4, 2023