2006 Minnesota Statutes

611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR
INJURIES SUSTAINED DURING CRIMINAL CONDUCT.
    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 the 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's 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;
609.561; 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.
History: 1995 c 226 art 6 s 15; 1999 c 139 art 4 s 2