HF5136

Purpose

• Establishes a new age threshold for delinquency in Minnesota for certain serious offenses, targeting the age at which a child can be labeled a delinquent. Specifically, it lowers or clarifies the age of delinquency to ten years old for some violent offenses, with several important exceptions and conditions.

Main Provisions

• Defines who is a delinquent child in the juvenile system, including:
  • A child who commits a state/local law violation (and cases referred to juvenile court) or a federal/other-state offense that would be delinquency if it occurred here, or would be a crime/offense if an adult.
  • A child who has escaped from confinement in a state or local juvenile correctional facility.
• Exceptions to the delinquent-child label:
  • A child alleged to have committed murder in the first degree after turning 16 is not considered a delinquent child.
  • A child alleged to have attempted murder in the first degree is still considered a delinquent child.
  • A child alleged to have engaged in conduct that, if committed by an adult, would violate laws relating to sexual exploitation or sexual conduct (i.e., sexual penetration or sexual conduct) is not considered delinquent.
• Effective August 1, 2026 (applied to acts committed on or after that date):
  • A child alleged to have committed a delinquent act before turning 13 is not included as a delinquent child, unless the child is at least 10 years old and the act is a crime of violence (as defined in section 624.712, subdivision 5).
  • In practice, this sets a minimum age of 10 for delinquency findings involving violence, while generally excluding younger children from delinquency labeling for non-violent acts.
• Related amendments:
  • The bill also amends the related juvenile delinquency definitions in Minnesota Statutes (including sections 260B.007 subd. 6 and 260C.007 subd. 6) to reflect these changes.

Significant Changes to Existing Law

• Changes the age at which a child can be labeled delinquent for certain serious offenses, by:
  • Lowering the effective age to 10 for violence-based offenses, but only under specific conditions (crime of violence as defined, and age requirements).
  • Creating explicit exceptions where young offenders—such as those involved in murder after age 16 or sexual-exploitation-related conduct—are treated differently within the delinquency framework.
  • Applying the new age standard only to acts committed on or after August 1, 2026, leaving prior acts subject to current law.
• Adds clear carve-outs for certain types of conduct (murder, attempted murder, sexual exploitation-related acts) from the delinquent-child label.

Effective Date and Implementation

• Effective August 1, 2026.
• Applies to acts committed on or after that date.
• Applies to the amended definitions in both 260B.007 subd. 6 and 260C.007 subd. 6.

Impact and Considerations

• Potentially reduces the number of younger children (under 13, with exceptions) who are labeled as delinquent for non-violent offenses.
• Maintains accountability for older youth and for violent crimes, including crime-of-violence considerations.
• Introduces transitional rules that affect how cases are treated depending on when the acts occurred and the child’s age at the time.

Relevant Terms - delinquent child - delinquency - age of delinquency - juvenile court - murder in the first degree - attempted murder in the first degree - crime of violence - section 624.712 subdivision 5 - sexual penetration - sexual conduct - sexual exploitation - state/local/federal law - act committed - August 1, 2026 - acts committed on or after that date - escapes from confinement - state juvenile correctional facility - local juvenile correctional facility - 260B.007 subd. 6 - 260C.007 subd. 6