MINNESOTA : Rape/Molestation Statutes of Limitation
A person who engages in sexual penetration with another person, or in sexual contact with a person under 13 years of age is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists:
1. the complainant is under 13 years of age and the actor is more than 36 months (3 years) older than the complainant.
2. the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older (4 years) than the complainant and in a position of authority over the complainant (parent, therapist, etc).
3. circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
4. the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
5. the actor causes personal injury to the complainant, and either of the following circumstances exist:
a. the actor uses force or coercion to accomplish sexual penetration; or
b. the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
6. the actor is aided or abetted by one or more accomplices (has another person helping him commit the crime):
a. an accomplice uses force or coercion to cause the complainant to submit; or
b. an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
7. the actor has a significant relationship to the complainant (is a member of family, by blood, marriage or adoption) and the complainant was under 16 years of age at the time of the sexual penetration.
8. the actor has a significant relationship to the complainant (is a member of family, by blood, marriage or adoption), the complainant was under 16 years of age at the time of the sexual penetration, and:
a. the actor or an accomplice used force or coercion to accomplish the penetration;
b. the complainant suffered personal injury; or
c. the sexual abuse involved multiple acts committed over an extended period of time.
In order for there to be first-degree charges when the victim is an adult, there must be sexual penetration; otherwise the offense is second-degree. All other conditions of second-degree criminal sexual conduct are the same as first-degree.
The statute of limitations for criminal sexual conduct in Minnesota is 9 years. If there is DNA evidence to implicate the offender, proceedings may take place at any time after the offense.
Bob forces sexual penetration on Jane. As a resident of Minnesota, Jane has nine (9) years from the date the crime happened to report Bob's actions. If Jane had DNA evidence pointing to Bob as her attacker, Bob's prosecution could commence with no time limit.
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