Accused Under Minn. Stat. § 609.493? A Minnesota Lawyer Explains This Serious Exploitation Charge
The accusation itself feels like a punch to the gut. The state is claiming that you didn’t just commit a crime—you exploited a vulnerable person to do your dirty work. You are being charged with Solicitation of a Mentally Impaired Person, a crime that carries a profound and ugly stigma. You didn’t plan to end up here, but you are now facing a legal battle that is as much about your character as it is about the facts. The prosecutor will try to paint you as a manipulative predator who took advantage of someone with a mental disability or psychiatric disorder for your own criminal benefit.
They don’t care about the context of your relationship with the other person. They don’t care if you had no idea the person had a diagnosed condition, or if your words were completely misunderstood. All they see is an opportunity to file a serious charge that makes you look like the worst kind of person. You are now facing the threat of jail or even prison, significant fines, and a permanent criminal record that labels you as an exploiter. This is an overwhelming and isolating position, but you do not have to face it alone. I am a Minnesota criminal defense attorney, and I have defended people across the state—from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud—against the most sensitive and complex charges. I understand the nuances of this law and how to fight the state’s often-simplistic narrative.
Exploitation and Intent: The Core of a Minnesota Solicitation Charge
At its heart, Solicitation of a Mentally Impaired Person is an exploitation crime. Under Minnesota Statutes § 609.493, the law is designed to protect vulnerable adults from being used as tools to commit crimes. To be charged, the state must believe that you commanded, entreated, or persuaded a specific person who they classify as “mentally impaired” to commit a criminal act. This is far more than just making a suggestion or joking around. The law targets the act of intentionally leveraging someone’s cognitive or psychiatric condition to get them to break the law.
Facing a Minnesota solicitation charge means the prosecutor is trying to prove two equally important things: your actions and the other person’s mental state. First, they must prove you actually “solicited” the person—that you made a concerted effort to persuade them. Second, they must prove the person legally qualifies as “mentally impaired,” meaning they lacked the judgment to give reasoned consent to commit the criminal act. Scenarios can range from allegedly convincing a person with a known intellectual disability to shoplift for you in a store in Eagan, to persuading a person suffering from a severe psychiatric disorder in Plymouth to participate in a fraudulent scheme. Defeating these charges requires a defense that attacks both prongs of the state’s case.
The Letter of the Law: Minn. Stat. § 609.493
To begin building your defense, you need to understand the exact language the prosecutor is using to charge you. The entire case is built on this specific statute, and its definitions are critical to your defense.
The controlling law is Minnesota Statutes § 609.493. It states:
Subdivision 1. Crime. A person is guilty of a crime and may be sentenced as provided in subdivision 2 if the person solicits a mentally impaired person to commit a criminal act.
Subd. 2. Sentence. (a) A person who violates subdivision 1 is guilty of a misdemeanor if the intended criminal act is a misdemeanor, and is guilty of a gross misdemeanor if the intended criminal act is a gross misdemeanor.
(b) A person who violates subdivision 1 is guilty of a felony if the intended criminal act is a felony, and may be sentenced to imprisonment for not more than one-half the statutory maximum term for the intended criminal act or to payment of a fine of not more than one-half the maximum fine for the intended criminal act, or both.
Subd. 3. Definitions. As used in this section:
(1) “mentally impaired person” means a person who, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give a reasoned consent to commit the criminal act; and
(2) “solicit” means commanding, entreating, or attempting to persuade a specific person.
The State’s Burden of Proof: Deconstructing the Solicitation Charge
To convict you of this crime, the prosecution has the significant challenge of proving every single one of the following elements beyond a reasonable doubt. My job is to find the weak points and create the reasonable doubt that the law requires for an acquittal. If the state’s case fails on any one of these points, you cannot be convicted.
- SolicitationThis is the action element. The state must prove that you did more than just make a casual remark. The statute defines “solicit” as commanding, entreating, or attempting to persuade. This requires evidence that you made a specific and targeted effort to get the other person to act. A prosecutor will point to your words, your tone, and the context of your conversation to argue that you were actively trying to override the other person’s will and convince them to commit a crime.
- Mentally Impaired PersonThis is the most complex and subjective element of the charge. The state must prove that the person you solicited fits the narrow legal definition of “mentally impaired.” This means they must show that, due to an intellectual disability or a substantial psychiatric disorder, the person lacked the judgment to give “reasoned consent” to break the law. This is not about being naive or easily influenced; it’s a high legal standard that often requires the state to produce expert testimony from psychologists or psychiatrists, which can and must be challenged.
- Knowledge of ImpairmentWhile not explicitly stated in the elements, there is a strong argument that the state must prove you knew, or should have reasonably known, that the person you were soliciting was mentally impaired. If the person’s condition was not obvious and you had no prior knowledge of it, it becomes much harder for the prosecutor to prove you had the criminal intent to exploit a vulnerability that you didn’t even know existed.
- An Intended Criminal ActThe act you are accused of soliciting must actually be a crime. You cannot be guilty of soliciting someone to do something that is perfectly legal. The state must specify the underlying crime—whether it’s a misdemeanor like theft, a gross misdemeanor, or a felony like assault or drug sales—and prove that this is what you were attempting to persuade the other person to commit.
A Sentence That Mirrors the Intended Crime: Minnesota’s Severe Penalties
The penalties for Solicitation of a Mentally Impaired Person are unique because they are directly tied to the seriousness of the crime you allegedly wanted the person to commit. This creates a tiered penalty structure that can be incredibly severe.
Felony Solicitation
If the crime you solicited was a felony (such as burglary, selling drugs, or assault), then the solicitation charge is also a felony. The penalties are harsh:
- Up to one-half of the maximum prison sentence for the underlying felony. For example, if the solicited crime carried a 10-year maximum, you could face up to 5 years in prison for the solicitation.
- Up to one-half of the maximum fine for the underlying felony.
Gross Misdemeanor Solicitation
If the crime you allegedly solicited was a gross misdemeanor (such as 5th Degree Assault or DWI), then the solicitation charge is also a gross misdemeanor. The maximum penalty is:
- Up to one year in jail.
- A fine of up to $3,000, or both.
Misdemeanor Solicitation
If the underlying crime you solicited was a misdemeanor (such as simple theft or disorderly conduct), then the solicitation charge is also a misdemeanor. The maximum penalty is:
- Up to 90 days in jail.
- A fine of up to $1,000, or both.
From Manipulation to Misunderstanding: How These Charges Arise in Minnesota
These are not common charges, and they almost always arise from complex personal relationships and situations where one person is seen as vulnerable. You may recognize your own circumstances in these common scenarios.
The Maple Grove Shoplifting Accusation
You have a friend in Maple Grove who has a known intellectual disability. You are shopping together at a store, and you jokingly say, “You should just put that in your pocket, no one would ever know.” Your friend takes you seriously, gets caught shoplifting, and tells the police you told them to do it. Now, you are being charged with soliciting a misdemeanor, with your careless joke being twisted into a criminal command.
The Duluth Financial Exploitation Case
You are helping an elderly relative in Duluth manage their finances. Your relative has been diagnosed with a psychiatric disorder that sometimes impairs their judgment. You persuade them to co-sign a loan for you for what you claim is a business venture. When you default on the loan, an investigation is launched, and a prosecutor alleges you solicited your mentally impaired relative to commit a fraudulent act for your own benefit.
The St. Paul Drug Case
You know a person in your St. Paul neighborhood who has a serious mental health condition. You are accused of giving them money and “entreating” them to go buy drugs from a dealer, believing the police would be less likely to focus on them. Your acquaintance is arrested, and they name you as the person who put them up to it, leading to a felony solicitation charge against you.
The False Accusation in Rochester
You have a falling out with an acquaintance in Rochester who has a well-known history of making dramatic and sometimes untrue statements as part of a documented psychiatric disorder. To get back at you, they go to the police and falsely claim that you tried to persuade them to slash the tires on someone’s car. Because of their “impaired” status, the police take their story seriously, and now you have to defend yourself against a completely fabricated charge.
Challenging the Accusation: How to Fight a Solicitation of the Mentally Impaired Charge
An accusation of this nature is deeply personal and strikes at your character. To fight back, you need a defense that is equally personal and sophisticated. The state’s case often rests on subjective interpretations of behavior and a clinical diagnosis that may not accurately reflect a person’s real-world judgment. Our defense will be to attack these subjective and often weak foundations of the prosecutor’s case.
I will start by deconstructing the state’s entire narrative. Who is their “expert” witness? What is the basis for their opinion on the person’s mental state? What is the exact evidence of your “solicitation”? Were your words recorded, or is this entire case based on the statement of a single, potentially unreliable person? We will challenge the state to prove every element, because in cases this nuanced, proof is often hard to come by.
Defense: The Person Was Not “Mentally Impaired” Under the Law
This is often the most powerful defense. The state’s burden is to prove the person lacked the capacity for “reasoned consent” to commit a crime. We will aggressively challenge this.
- Contesting the Diagnosis: We can hire our own psychological expert to evaluate the person and provide a second opinion, arguing that their condition does not rise to the level of legal impairment required by the statute.
- Evidence of Capacity: We will gather evidence from other areas of the person’s life—their ability to hold a job, manage their own money, or make other complex decisions—to demonstrate that they have the capacity for reasoned judgment, even if they have a diagnosis.
- Understanding of Right and Wrong: We can show that the person has a clear understanding that the act they were allegedly solicited to commit was wrong, which directly contradicts the idea that they lacked the judgment to consent to it.
Defense: You Did Not “Solicit” a Criminal Act
Even if the person is impaired, the state must prove your words and actions legally constitute solicitation.
- It Was a Joke or Hyperbole: Your words may have been taken out of context. We can argue that your statement was clearly intended as a joke, a sarcastic remark, or an exaggerated statement, not a serious command to break the law.
- No Attempt to Persuade: We can argue that you made a single, casual comment and made no further attempt to command, entreat, or persuade the person when they didn’t immediately agree. This undermines the idea that you were actively soliciting them.
Defense: Lack of Knowledge About the Person’s Impairment
Your state of mind is critical. It is a powerful defense if we can show that you had no idea the person had a condition that would impair their judgment.
- The Impairment Was Not Obvious: Many intellectual disabilities and psychiatric disorders are not visible or obvious to a layperson. We will argue that you treated the person as you would treat anyone else because you had no reason to believe they were uniquely vulnerable.
- No Prior Knowledge: If you had no prior relationship with the person or no knowledge of their medical history, it is difficult for the state to prove that you knowingly and intentionally exploited a condition you didn’t know existed.
Defense: False Accusation
These cases are ripe for false accusations, especially when they stem from a person with a history of psychiatric issues that may include delusions or a desire for attention.
- Motive to Lie: We will investigate the complaining witness’s background and your relationship with them to uncover any motive they might have to fabricate the story, such as anger, jealousy, or revenge.
- History of Untruthfulness: If the person has a documented history of making false statements or has a psychiatric condition with symptoms that include fabricating stories, we can use that to attack their credibility as the sole witness against you.
Minnesota Solicitation of the Mentally Impaired FAQs
What does “mentally impaired” actually mean in this Minnesota law?
It has a very specific legal definition. It means that due to an intellectual disability or a substantial psychiatric disorder, the person lacks the judgment to give “reasoned consent” to commit a crime. It’s a much higher standard than simply being naive, having a low IQ, or having a minor mental health issue.
Do I have to know the person is impaired to be guilty?
While the law doesn’t explicitly say so, it is a very strong defense if you did not know and could not have reasonably known about the person’s impairment. It is difficult for a prosecutor to prove you intended to exploit a vulnerability you were unaware of.
What is the difference between “soliciting” and just suggesting something?
“Solicit” implies a more serious and specific effort. The statute defines it as “commanding, entreating, or attempting to persuade.” A casual, one-off suggestion is much less likely to be considered solicitation than a repeated and forceful effort to convince someone to do something.
Will I go to jail for this crime?
It is a very real possibility. If the solicited crime was a felony, the solicitation charge is also a felony and carries a potential prison sentence. Even for misdemeanor-level solicitation, a judge can sentence you to up to 90 days in jail.
Can this charge be dismissed?
Yes. A charge this subjective and reliant on expert testimony is often a good candidate for a motion to dismiss. If we can show that the state cannot prove the person’s legal impairment, or that there is no real evidence of solicitation, we can fight to have the case thrown out.
How does a prosecutor prove someone is mentally impaired?
They will typically rely on medical records and the expert testimony of a psychologist or psychiatrist who has evaluated the person. A key part of the defense is to challenge that expert testimony through cross-examination and by hiring our own expert to provide a contrary opinion.
Is this charge a felony?
It depends. The solicitation charge mirrors the underlying crime. If you are accused of soliciting someone to commit a felony, your charge is a felony. If you are accused of soliciting a misdemeanor, your charge is a misdemeanor.
Do I need a lawyer for this charge in Brooklyn Park?
Absolutely. A charge of Solicitation of a Mentally Impaired Person, whether in Brooklyn Park, Minneapolis, or anywhere in Minnesota, is incredibly serious and complex. It requires a lawyer who can handle sensitive facts and challenge expert psychological testimony. This is not a charge to face alone.
What if I was just joking?
“It was a joke” can be a powerful defense. We would argue that your words were clearly not meant to be taken seriously and that a reasonable person in that situation would not have interpreted them as a genuine command to commit a crime.
What if the person never actually committed the crime?
It doesn’t matter. The crime is the act of soliciting. You can be charged and convicted even if the person refused your request or was caught before they could do anything.
Is there a registry for this crime?
No, there is not a specific registry for this offense. However, a conviction, especially a felony, will appear on your permanent criminal record for anyone to see during a background check.
What if the “impaired” person is the one who suggested the crime?
This would be a complete defense. If you can show that the other person initiated the idea of committing the criminal act, then by definition you did not “solicit” them.
Can I be charged for asking a person with an addiction to get me drugs?
This is a gray area. While addiction is a serious condition, it is not always considered a “substantial psychiatric disorder of thought or mood” that negates a person’s judgment for legal purposes. A prosecutor would have to prove that the person’s addiction rose to the level of the statutory definition of mentally impaired.
How will this charge affect my job?
A conviction for a crime of exploitation and manipulation can be devastating professionally. It can make it nearly impossible to get or keep a job in any field that requires a position of trust, such as healthcare, education, finance, childcare, or social work.
What is the first thing I should do if I am charged?
Do not speak to the police, investigators, or the alleged victim. Do not try to explain your side of the story. Immediately exercise your right to remain silent and contact an experienced Minnesota criminal defense attorney.
The Lifelong Stigma of an Exploitation Conviction
A conviction for this crime does more than just give you a criminal record; it brands you with a mark of dishonor that can be impossible to erase. The consequences will follow you long after you have served your sentence.
A Permanent Record of Manipulation
This is not a crime of passion or a simple mistake. It is a crime of dishonesty and exploitation. A conviction tells the world that you are the type of person who preys on the vulnerable. This can destroy your ability to get a job, secure housing, obtain professional licenses, or even volunteer in your community. It is a label that closes countless doors.
Social Isolation and Reputational Ruin
Friendships, family relationships, and community ties are built on trust. A conviction for soliciting a mentally impaired person shatters that trust. The stigma can lead to social isolation, as people may no longer feel comfortable around you or your family. The damage to your reputation can be permanent and deeply painful.
Loss of Your Second Amendment Rights
If you are convicted of felony-level solicitation, you will be permanently banned from owning or possessing any firearms under both Minnesota and federal law. This is a complete and irreversible loss of a constitutional right.
Severe Immigration Consequences
If you are not a U.S. citizen, a conviction for a crime like this is almost certain to be classified as a “crime involving moral turpitude.” This is a special category of offense that carries dire immigration consequences. It can lead to the denial of a green card, prevent you from becoming a citizen, and could even result in your deportation, no matter how long you have lived in this country.
You Need a Defender Who Understands Both the Law and Human Psychology
When the state’s case is built on subjective interpretations of a person’s mind, you need a lawyer who can do more than just argue the law. You need a defender who can challenge the very psychological premises of the prosecutor’s case.
I Know How to Challenge Expert Testimony
The state’s case will likely lean heavily on the testimony of a psychologist or psychiatrist. I have the experience and knowledge to cross-examine these experts effectively. I know how to expose the limitations of their evaluations, highlight inconsistencies in their reports, and demonstrate to a jury that their clinical opinion does not necessarily reflect the real-world capacity of the alleged victim.
I Will Conduct a Deep Factual Investigation
I will not simply accept the police report at face value. I will dig into the alleged victim’s background, their relationship with you, and any potential motives they might have to lie or exaggerate. I will find witnesses who can testify to the person’s normal functioning and judgment. We will build a counter-narrative based on a complete picture of the person, not just the clinical snapshot the prosecutor wants to present.
My Defense Strategy Focuses on Intent
Your state of mind is at the core of this charge. My entire defense will be built around demonstrating that you did not have the criminal intent to exploit anyone. Whether your words were a joke, a misunderstanding, or you simply had no knowledge of the person’s condition, I will present a compelling case that your actions were not criminal.
A Statewide Defense for a Sensitive and Nuanced Charge
This is one of the most sensitive charges in the Minnesota criminal code. It requires a lawyer with the discretion, experience, and courtroom skill to handle it effectively. I have defended clients in courtrooms across the state of Minnesota, from the metro area to Greater Minnesota. I am prepared to bring a sophisticated, aggressive, and psychologically informed defense to your case, no matter where you have been charged.