Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor shall require that a complainant of a criminal sexual conduct or sex trafficking offense submit to a polygraph examination as part of or a condition to proceeding with the investigation, charging, or prosecution of such offense.
Subd. 2. Law enforcement inquiry. A law enforcement agency or prosecutor may not ask that a complainant of a criminal sexual conduct offense submit to a polygraph examination as part of the investigation, charging, or prosecution of such offense unless the complainant has been referred to, and had the opportunity to exercise the option of consulting with a sexual assault counselor as defined in section 595.02, subdivision 1, paragraph (k).
Subd. 3. Informed consent requirement. At the request of the complainant, a law enforcement agency may conduct a polygraph examination of the complainant only with the complainant's written, informed consent as provided in this subdivision.
Subd. 4. Informed consent. To consent to a polygraph, a complainant must be informed in writing that:
(1) the taking of the polygraph examination is voluntary and solely at the victim's request;
(2) a law enforcement agency or prosecutor may not ask or require that the complainant submit to a polygraph examination;
(3) the results of the examination are not admissible in court; and
(4) the complainant's refusal to take a polygraph examination may not be used as a basis by the law enforcement agency or prosecutor not to investigate, charge, or prosecute the offender.
Subd. 5. Polygraph refusal. A complainant's refusal to submit to a polygraph examination shall not prevent the investigation, charging, or prosecution of the offense.
Subd. 6. Definitions. For the purposes of this section, the following terms have the meanings given.
(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3458.
(b) "Sex trafficking" means a violation of section 609.322.
(c) "Complainant" means a person reporting to have been subjected to criminal sexual conduct or sex trafficking.
(d) "Polygraph examination" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question individuals for the purpose of determining truthfulness.
2007 c 54 art 4 s 7; 2015 c 65 art 6 s 18,19; 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.