Subdivision 1. Definitions. As used in this section:
(1) "perpetrator" means a person who has engaged in criminal conduct and includes a person convicted of a crime;
(2) "victim" means a person who was the object of another's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm;
(3) "course of criminal conduct" includes the acts or omissions of a victim in resisting criminal conduct; and
(4) "convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile.
Subd. 2. Perpetrator's assumption of risk. A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a violent crime, as defined in this section, engaged in by the perpetrator or an accomplice, as defined in section 609.05, and the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim if the victim used reasonable force as authorized in section 609.06 or 609.065.
Subd. 3. Evidence. Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the violent crime involving the parties to the civil action, a certified copy of: a guilty plea; a court judgment of guilt; a court record of conviction as specified in section 599.24, 599.25, or 609.041; an adjudication as a delinquent child; or a disposition as an extended jurisdiction juvenile pursuant to section 260B.130 is conclusive proof of the perpetrator's assumption of the risk.
Subd. 4. Attorney fees to victim. If the perpetrator does not prevail in a civil action that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.
Subd. 5. Stay of civil action. Except to the extent needed to preserve evidence, any civil action in which the defense set forth in subdivision 1 or 2 is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged violent crime.
Subd. 6. Violent crime; definition. For purposes of this section, "violent crime" means an offense named in sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.342; 609.343; 609.344; 609.345; 609.3458; 609.561; 609.562; 609.563; and 609.582, or an attempt to commit any of these offenses. "Violent crime" includes crimes in other states or jurisdictions which would have been within the definition set forth in this subdivision if they had been committed in this state.
1995 c 226 art 6 s 15; 1999 c 139 art 4 s 2; 1Sp2021 c 11 art 4 s 31
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 611A — Crime Victims: Rights, Programs, Agencies
Section 611A.01 — Definitions.
Section 611A.015 — Scope Of Victims' Rights.
Section 611A.02 — Notification Of Victim Services And Victims' Rights.
Section 611A.021 — Notice Of Right To Request Withholding Of Certain Public Data.
Section 611A.03 — Plea Agreements; Notification.
Section 611A.0301 — Right To Submit Statement At Plea Presentation Hearing.
Section 611A.031 — Victim Input Regarding Pretrial Diversion.
Section 611A.0311 — Domestic Abuse Prosecutions Plan And Procedures.
Section 611A.033 — Speedy Trial; Notice Of Schedule Change.
Section 611A.034 — Separate Waiting Areas In Courthouse.
Section 611A.035 — Confidentiality Of Victim's Address.
Section 611A.036 — Prohibition Against Employer Retaliation.
Section 611A.037 — Presentence Investigation; Victim Impact; Notice.
Section 611A.038 — Right To Submit Statement At Sentencing.
Section 611A.039 — Right To Notice Of Final Disposition Of Criminal Case.
Section 611A.0392 — Notice To Community Crime Prevention Group.
Section 611A.0393 — Crime Alerts; Violent Crimes; Disabled Access.
Section 611A.0395 — Right To Information Regarding Defendant's Appeal.
Section 611A.04 — Order Of Restitution.
Section 611A.045 — Procedure For Issuing Order Of Restitution.
Section 611A.046 — Victim's Right To Request Probation Review Hearing.
Section 611A.05 — Penalties No Bar To Civil Remedies.
Section 611A.06 — Right To Notice Of Release.
Section 611A.07 — Electronic Monitoring To Protect Domestic Abuse Victims; Standards.
Section 611A.19 — Testing Sex Offender For Human Immunodeficiency Virus.
Section 611A.20 — Notice Of Risk Of Sexually Transmitted Disease.
Section 611A.201 — Director Of Prevention Of Domestic Violence And Sexual Assault.
Section 611A.203 — Domestic Fatality Review Teams.
Section 611A.211 — Programs For Victims Of Sexual Assault.
Section 611A.212 — Programs For Sexual Assault Primary Prevention.
Section 611A.26 — Polygraph Examinations; Criminal Sexual Conduct Complaints; Limitations.
Section 611A.27 — Victim Rights To Sexual Assault Evidence Information.
Section 611A.31 — Definitions.
Section 611A.32 — Battered Women Programs.
Section 611A.33 — Duties Of Commissioner.
Section 611A.345 — Director Recommendations.
Section 611A.35 — Domestic Abuse Program Director.
Section 611A.37 — Definitions.
Section 611A.371 — Program Operation.
Section 611A.372 — Duties Of Director.
Section 611A.45 — Programs For Victims Of Crime.
Section 611A.46 — Classification Of Data.
Section 611A.52 — Definitions.
Section 611A.53 — Reparations Awards Prohibited.
Section 611A.54 — Amount Of Reparations.
Section 611A.55 — Crime Victims Reparations Board.
Section 611A.56 — Powers And Duties Of Board.
Section 611A.57 — Determination Of Claims.
Section 611A.58 — Attorney Fees; Limitation For Representation Before Board.
Section 611A.60 — Reparations; How Paid.
Section 611A.61 — Subrogation.
Section 611A.612 — Crime Victims Account.
Section 611A.62 — Medical Privilege.
Section 611A.63 — Enforcement Of Board's Orders.
Section 611A.64 — Department Of Corrections; Restitution.
Section 611A.65 — Use Of Record Of Claim; Evidence.
Section 611A.66 — Law Enforcement Agencies; Duty To Inform Victims Of Right To File Claim.
Section 611A.67 — Fraudulent Claims; Penalty.
Section 611A.675 — Fund For Emergency Needs Of Crime Victims.
Section 611A.68 — Limiting Commercial Exploitation Of Crimes; Payment Of Victims.
Section 611A.73 — Definitions.
Section 611A.74 — Crime Victims; Rights; Complaints.
Section 611A.76 — Crime Victim Services Telephone Line.
Section 611A.77 — Mediation Programs For Crime Victims And Offenders.
Section 611A.775 — Restorative Justice Programs.
Section 611A.79 — Civil Damages For Bias Offenses.
Section 611A.80 — Definitions.
Section 611A.81 — Cause Of Action For Coercion For Use In Prostitution.
Section 611A.82 — Acts Not Defenses.
Section 611A.84 — Statute Of Limitations.
Section 611A.85 — Other Remedies Preserved.
Section 611A.86 — Double Recovery Prohibited.
Section 611A.87 — Award Of Costs.
Section 611A.88 — No Avoidance Of Liability.
Section 611A.90 — Release Of Videotapes Of Child Abuse Victims.