For the purposes of sections 611A.01 to 611A.06:
(a) "Crime" means conduct that is prohibited by local ordinance and results in bodily harm to an individual; or conduct that is included within the definition of "crime" in section 609.02, subdivision 1, or would be included within that definition but for the fact that (1) the person engaging in the conduct lacked capacity to commit the crime under the laws of this state, or (2) the act was alleged or found to have been committed by a juvenile.
(b) "Victim" means a natural person who incurs loss or harm as a result of a crime, including a good faith effort to prevent a crime, and for purposes of sections 611A.04 and 611A.045, also includes (1) a corporation that incurs loss or harm as a result of a crime, (2) a government entity that incurs loss or harm as a result of a crime, and (3) any other entity authorized to receive restitution under section 609.10 or 609.125. The term "victim" includes the family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated, or deceased person. In a case where the prosecutor finds that the number of family members makes it impracticable to accord all of the family members the rights described in sections 611A.02 to 611A.0395, the prosecutor shall establish a reasonable procedure to give effect to those rights. The procedure may not limit the number of victim impact statements submitted to the court under section 611A.038. The term "victim" does not include the person charged with or alleged to have committed the crime.
(c) "Juvenile" has the same meaning as given to the term "child" in section 260B.007, subdivision 3.
Notes of Decisions
Cited in
34
cases (
6 in the last 5 years), 1987–2025 · leading case:
State v. Jones, 678 N.W.2d 1 (Minn. 2004).
State v. Jones, 678 N.W.2d 1 (Minn. 2004).
· cites it 46× “The district court held a restitution hearing and denied restitution, finding that because Halverson was not a victim within the meaning of Minn.Stat. § 611A.01 (2002), she was not a person eligible to receive restitution, and therefore the court lacked jurisdiction to order…”
State v. Christensen, 901 N.W.2d 648 (Minn. Ct. App. 2017).
· cites it 18× “See Minn. Stat. § 611A.01, .04. Moreover, the guardian statute authorizes a guardian to apply for benefits through a governmental unit “if there is no acting conservator of the estate of the ward,” suggesting that, when there are both, the conservator, not the guardian, has…”
State v. Palubicki, 727 N.W.2d 662 (Minn. 2007).
· cites it 14× “Minn. Stat. § 611A.01(b) (2002). 4 In the restitution context, we apply the common law definition of “next of kin,” which is the “nearest living blood relation.”
State v. Dendy, 520 N.W.2d 411 (Minn. Ct. App. 1994).
· cites it 24× “52 when it enacted a narrower definition of "victim" in section 611A.01.”
Anderson v. State, 794 N.W.2d 137 (Minn. Ct. App. 2011).
· cites it 4× “The statute defines a “direct victim” as “any person or entity described in section 611A.01, paragraph (b), whose identity has been transferred, used, or possessed in violation of this section.”
State v. Lindsey, 632 N.W.2d 652 (Minn. 2001).
· cites it 2× “” Minn.Stat. § 611A.01(b) (2000). It is not clear from the record whether the claimed expenses for moving costs for Clark’s girlfriend (and, presumably, Clark’s child) are properly included.”
State of Minnesota v. Henry Albert Allison, Jr. (Minn. 2024).
· cites it 245× “The question of whether a “guardian, conservator, or custodian of a minor, incompetent, incapacitated, or deceased person” is part of a singular class of victims under Minn. Stat. § 611A.01 is not before us. 3 photograph with A.”
State of Minnesota v. Brandon Wayne Riggs, 865 N.W.2d 679 (Minn. 2015).
· cites it 4× “See also Minn. Stat. § 611A.01(b) (2014) (defining “victim” as someone “who incurs loss or harm as a result of a crime”).”
State v. O'BRIEN, 459 N.W.2d 131 (Minn. Ct. App. 1990).
· cites it 4× “” Minn.Stat. § 611A.01(b) (1984). Based on this provision, the Hanson restitution order for the funeral expenses of the deceased was affirmed.”
State v. Boettcher, 931 N.W.2d 376 (Minn. 2019).
· cites it 2× “See Minn. Stat. §§ 611A.01(b) (defining "victim" as a person "who incurs loss or harm as a result of a crime"), .”
State v. Jola, 409 N.W.2d 17 (Minn. Ct. App. 1987).
· cites it 4× “lb, requires that the interest of the victim, as defined in Minn.Stat. § 611A.01, be part of the presentence investigation, obviously to protect the right of the victim.”
Larson v. Dunn, 449 N.W.2d 751 (Minn. Ct. App. 1990).
· cites it 4× “Minn.Stat. § 611A.01(b) (1988). These statutes set forth a clear statement of policy that the wrongdoer should bear the cost of the child abduction.”
— Minn. Stat. § 611A.01(b) — 28 cases
State v. Jones, 678 N.W.2d 1 (Minn. 2004).
“The district court held a restitution hearing and denied restitution, finding that because Halverson was not a victim within the meaning of Minn.Stat. § 611A.01 (2002), she was not a person eligible to receive restitution, and therefore the court lacked jurisdiction to order…”
State v. Palubicki, 727 N.W.2d 662 (Minn. 2007).
“Minn. Stat. § 611A.01(b) (2002). 4 In the restitution context, we apply the common law definition of “next of kin,” which is the “nearest living blood relation.”
State v. Christensen, 901 N.W.2d 648 (Minn. Ct. App. 2017).
“See Minn. Stat. § 611A.01, .04. Moreover, the guardian statute authorizes a guardian to apply for benefits through a governmental unit “if there is no acting conservator of the estate of the ward,” suggesting that, when there are both, the conservator, not the guardian, has…”
State v. Dendy, 520 N.W.2d 411 (Minn. Ct. App. 1994).
“52 when it enacted a narrower definition of "victim" in section 611A.01.”
State v. Lindsey, 632 N.W.2d 652 (Minn. 2001).
“” Minn.Stat. § 611A.01(b) (2000). It is not clear from the record whether the claimed expenses for moving costs for Clark’s girlfriend (and, presumably, Clark’s child) are properly included.”
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