Minnesota Child Abuse Laws

Minnesota law defines child abuse as intentional physical or mental injury or neglect inflicted on a child by a caregiver. State law also names mandated reporters responsible for reporting suspected abuse. Minnesota child abuse charges and penalties vary from misdemeanors to felonies depending on the severity of the offense.

Child abuse is a serious crime in every state, including Minnesota. According to the Minnesota Department of Human Services (DHS), the state receives approximately 1,800 reports of child abuse or neglect annually.

This article details child abuse and neglect laws in Minnesota. Learn how the state defines child abuse, mandated reporting, penalties, and more.

How Minnesota Law Defines Child Abuse

State law defines child abuse as an intentional injury (either mental or physical) including:

  • Deprivation
  • Sexual abuse
  • Neglect
  • Abandonment
  • Unreasonable disciplinary methods
  • Solicitation of children for sex

Parents are free to use corporal punishment on their children. But, it may not involve kicking, striking with a closed fist, threatening a child with a weapon, or other such acts.

Mandated Reporting in Minnesota

A mandated reporter is an adult—typically one with regular access to children—who is required by law to report any credible signs of child abuse to state authorities. Minnesota law specifically designates who is a mandatory reporter, including:

  • Social workers
  • Teachers
  • Medical professionals
  • Mental health providers
  • Law enforcement
  • Child care workers
  • Clergy

In Minnesota, people in certain professions are required to report the maltreatment of minors. But, everyone—including friends, family, and neighbors—is urged to make a report if they suspect abuse or neglect. Reports are confidential unless the family gets a court order.

Failure to report is usually charged as a misdemeanor. Minnesota provides a very helpful guide for mandated reporters of suspected child maltreatment or abuse.

How to Report Suspected Child Abuse or Neglect of a Child in Minnesota

If you suspect abuse or neglect, immediately report it to any of the following agencies in the jurisdiction where the child lives:

Workers from child protection services assess and address reports. Reports involving children in significant or immediate danger are escalated using a Family Investigation response. Families who do not participate in interventions or take appropriate steps to ensure their children’s safety are also escalated to a Family Investigation response.

Summary of Minnesota Child Abuse Laws

The following table provides an overview of child abuse laws in Minnesota and links to relevant statutes.

Statute(s)

Minnesota Statutes, Chapter 609. Criminal Code:

Defining the Offense(s)

Malicious Punishment of Child occurs when a parent, legal guardian, or caretaker performs intentional act(s) that evidence unreasonable force or cruel discipline that's excessive.

Neglect or Endangerment occurs when a parent, legal guardian, or caretaker:

  • Willfully deprives a child of necessary food, clothing, shelter, health care, or supervision and the deprivation harms or is likely to substantially harm the child's mental, physical, or emotional health;
  • Knowingly allows the continuing sexual or physical abuse of a child;
  • Intentionally or recklessly causing or allowing a child to be placed in a situation that's likely to substantially harm the child's physical, mental, or emotional health or cause their death; or
  • Knowingly causing or allowing the child to be present where someone is selling or manufacturing a controlled substance.
Penalties

The charges and penalties for violating Section 609.377 depend on the circumstances of the punishment:

  • Less than substantial bodily harm: gross misdemeanor punishable by up to 1 year of imprisonment and/or a fine of up to $3,000.
  • Child under four years old and there is harm to the head, eyes, neck, or multiple bruises to the body: felony punishable by up to 5 years in prison and/or a fine of up to $10,000.
  • Substantial bodily harm: felony punishable by up to 5 years in prison and/or a fine of up to $10,000.
  • If there's great bodily harm: felony punishable by up to 10 years in prison and/or a fine of up to $20,000.

There are a variety of penalties for violating Section 609.378, which are heavily dependent on the circumstances of the violation. See the statute for possible penalties.

See the statute for circumstances that enhance this to a felony.

Related Statute(s)

Minnesota Statutes, Chapter 609. Criminal Code:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Minnesota Child Abuse Laws: Related Resources

Visit the links below for more information and resources on child abuse and child endangerment.

Arrested for Violating Minnesota Child Abuse Laws? Get Legal Help

Sometimes there's a fine line between reasonable punishment and child abuse. Charges of child abuse can have a negative impact on all aspects of your life, including your parental rights. There are also serious legal consequences for failure to report suspected abuse as a mandated reporter.

If you've been charged with child abuse in Minnesota, it's in your best interest to contact a local criminal defense attorney to learn about your options.

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