§ 611A.0315 — Victim Notification; Domestic Assault; Criminal Sexual Conduct; Harassment; Stalking
Plain-Language Summary
This section requires a prosecutor to make every reasonable effort to notify the victim when the prosecutor decides to decline prosecution or to dismiss charges in cases of domestic assault, criminal sexual conduct, harassment or stalking, or violation of a protective or restraining order. Notice efforts must follow a priority order: first by telephone, then by email or mail, and if the suspect is still in custody, an attempt must be made before the suspect is released. When charges are dismissed, the prosecutor must make a record of the specific reasons, including why a witness was unavailable if that is the cause. The prosecutor must also tell the victim how to seek an order for protection or a restraining order and that the victim may seek one without paying a fee.
611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; HARASSMENT; STALKING.
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Subdivision 1.Notice of decision not to prosecute.
(a) A prosecutor shall make every reasonable effort to notify a victim of domestic assault; a criminal sexual conduct offense; harassment or stalking; or a violation of an order for protection, domestic abuse no contact order, or harassment restraining order that the prosecutor has decided to decline prosecution of the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim should include, in order of priority: (1) contacting the victim or a person designated by the victim by telephone; and (2) contacting the victim by email or mail. If a suspect is still in custody, a telephone or email notification attempt shall be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of domestic assault, a criminal sexual conduct offense, harassment or stalking, a violation of an order for protection, or a violation of a harassment restraining order, a record shall be made of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct, or harassment or stalking under this section, the prosecutor shall also inform the victim of the method and benefits of seeking an order for protection under section 518B.01 or a restraining order under section 609.748 and that the victim may seek an order without paying a fee. §
Subd. 2.Definitions.
For the purposes of this section, the following terms have the meanings given.
(a) “Assault” has the meaning given it in section 609.02, subdivision 10.
(b) “Domestic assault” means an assault committed by the actor against a family or household member.
(c) “Family or household member” has the meaning given it in section 518B.01, subdivision 2.
(d) “Harassment” or “stalking” means a violation of section 609.749.
(e) “Criminal sexual conduct offense” means a violation of sections 609.342 to 609.3453.
(f) “Violation of an order for protection” has the meaning given in section 518B.01, subdivision 14.
(g) “Violation of a harassment restraining order” has the meaning given in section 609.748, subdivision 6.
History:
1988 c 638 s 4; 1990 c 583 s 6; 1993 c 326 art 2 s 26; 2006 c 260 art 3 s 23; 2009 c 59 art 2 s 1; 2013 c 34 s 3; 1Sp2019 c 5 art 2 s 29; 2025 c 35 art 6 s 3
History: History: 1988 c 638 s 4; 1990 c 583 s 6; 1993 c 326 art 2 s 26; 2006 c 260 art 3 s 23; 2009 c 59 art 2 s 1; 2013 c 34 s 3; 1Sp2019 c 5 art 2 s 29; 2025 c 35 art 6 s 3