Charged With a Sex Crime? A Minnesota Lawyer Explains Why Your Case’s Location Matters Under § 609.353.
You are in the fight of your life. A charge of Criminal Sexual Conduct or a related offense is more than just a legal problem—it’s a nightmare that threatens your freedom, your family, your reputation, and your entire future. As you try to process the terrifying allegations against you, you may have noticed something confusing, something that adds another layer of stress to your situation: the location of the courthouse. Perhaps you’ve been charged in a county you barely know, miles away from your home in Minneapolis, or in a city like Rochester that you’ve never even visited. You’re asking yourself, “How can they do this? How can they charge me here?”
The answer lies in a powerful and often overlooked procedural statute. You may feel that being dragged into a foreign jurisdiction is fundamentally unfair, a home-field advantage for a prosecutor who already holds immense power. You might be right. The choice of where to file a charge isn’t random; it’s a strategic decision made by the state, and it can have a profound impact on your case. They may be seeking a more favorable jury pool, a particular judge, or simply to make the logistics of your defense more difficult.
You do not have to navigate this complex and intimidating system alone. As a Minnesota criminal defense attorney who has fought for clients in courthouses across the entire state—from the metro hubs of St. Paul and Bloomington to the regional centers of Duluth and St. Cloud—I understand how prosecutors use jurisdiction as a weapon. More importantly, I know how to fight back. Your case is about more than just the allegations; it’s also about ensuring the process is fair. Challenging the state’s choice of venue can be a critical part of a powerful defense strategy.
More Than Just a Location: What Jurisdiction Actually Means for Your Case
In the simplest terms, “jurisdiction” is a court’s legal power to hear a case and make a judgment. For most crimes, jurisdiction is straightforward—the case is prosecuted in the county where the alleged crime occurred. However, for certain offenses, especially the serious sex crimes listed under Minnesota law, the rules are different. Technology has erased county lines, allowing an act that starts in one place to have consequences in another. A text message sent from Plymouth can be received in Eagan; an online chat initiated in Maple Grove can be read in Brooklyn Park.
To address this, Minnesota law gives prosecutors special flexibility. They can often choose to file charges in the county where the alleged criminal act began or in the county where it concluded. This means you could be facing Minnesota CSC charges in a jurisdiction selected by the prosecutor for their own strategic advantage. Understanding what jurisdiction is in Minnesota and how it applies to your specific accusation is not a minor legal technicality—it is a central part of your case that can influence everything from pre-trial negotiations to the final verdict.
The Law That Determines Your Courthouse: Minnesota Statute § 609.353
The reason a prosecutor can charge you in a county far from your home is not arbitrary; it’s based on a specific law designed to address crimes that cross jurisdictional lines. This law is not a criminal offense itself, but rather a rule of procedure. You are not charged with violating § 609.353. Instead, it is the statute that gives the state the authority to prosecute you for an underlying charge, like Criminal Sexual Conduct, in one of several possible locations.
609.353 JURISDICTION.
A violation or attempted violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, 609.3458, or 609.352 may be prosecuted in any jurisdiction in which the violation originates or terminates.
Breaking Down How Jurisdiction Works Under § 609.353
To convict you of the underlying crime, the state must prove every element of that offense. But before that, to even bring the case in a specific courthouse, they must establish that they have jurisdiction there. My job is to scrutinize their claim and determine if it’s legally valid. Each piece of this jurisdictional rule is an opportunity to challenge the state’s strategy.
- The Underlying Offense First, this special jurisdictional rule only applies to a specific list of serious Minnesota crimes. These include various degrees of Criminal Sexual Conduct (CSC), Solicitation of a Child, and other related offenses. If you are charged with one of these crimes, the prosecutor can invoke this statute. This is the gateway element; without one of these enumerated charges, this broad jurisdictional rule does not apply.
- “Originates” in a Jurisdiction This is where the alleged criminal conduct began. In the context of online or digital offenses, this is often interpreted as the physical location where you were when you allegedly sent a message, made a call, or uploaded content. If you were at your home in Hennepin County when you sent an email that forms the basis of the charge, the crime “originated” there, and the Hennepin County Attorney’s Office has jurisdiction.
- “Terminates” in a Jurisdiction This refers to where the alleged criminal act was completed or had its result. For online crimes, this is typically where the communication was received. If the person you were communicating with (who may be an undercover officer) was located in Ramsey County when they received your message, the crime “terminated” there. This gives the Ramsey County Attorney’s Office the power to prosecute the case, even if you were never physically present there.
- The Prosecutor’s Choice The most critical takeaway from this statute is that it creates a choice. If an act originates in County A and terminates in County B, the prosecutor can file the case in either County A or County B. This is a significant strategic advantage for the state. They can analyze the judges, jury pools, and even the resources of each county’s prosecutor’s office and pick the one they believe gives them the best chance of securing a conviction.
How Your Case’s Location Can Impact the Final Outcome
While the statute defining the crime and its penalties is the same statewide, the choice of jurisdiction can have a dramatic, real-world impact on your case. Where your case is heard is not just a matter of convenience; it’s a strategic battleground that can influence the ultimate outcome, including the severity of the sentence you might face if convicted.
Different Counties, Different Prosecutorial Approaches
The personality and policies of a county prosecutor’s office can vary significantly. A prosecutor in a major metropolitan area like Hennepin County may have different plea-bargaining policies or sentencing recommendations than a prosecutor in a more rural Minnesota county. One office might be more open to negotiation, while another may have a strict “no-deals” policy for certain offenses. The jurisdiction chosen by the state can pre-determine the negotiating landscape and the type of plea offers you are likely to receive.
The Impact of Local Judges and Jury Pools
The location of your trial determines the pool of citizens from which your jury will be selected and which judge will preside over your case. Jurors in one community may have vastly different attitudes, experiences, and biases than jurors in another. Likewise, judges have their own unique temperaments, legal interpretations, and sentencing habits. A skilled defense attorney understands these local nuances. Part of my job is to analyze whether the chosen venue is inherently prejudicial to your case and to fight for a location that gives you the fairest possible trial.
Jurisdiction in the Real World: Common Minnesota Scenarios
These abstract rules become very real when applied to specific situations. You may see the details of your own case reflected in these common scenarios that illustrate how prosecutors use § 609.353.
The Online Chat Across County Lines
Imagine you live in St. Cloud (Stearns County) and engage in an online chat with a person you believe is a teenager, but who is actually an undercover police officer located in Rochester (Olmsted County). The conversation includes content that leads to a charge for Solicitation of a Child. Under § 609.353, the crime “originated” where you were (Stearns County) and “terminated” where the officer was (Olmsted County). The prosecutor now has the sole discretion to file the felony charge against you in either Stearns County or Olmsted County.
Arranging a Meeting in a Different City
You live in a suburb like Eagan (Dakota County) and, through a series of text messages, you arrange to meet someone at a mall in Bloomington (Hennepin County). The person you are texting is an investigator, and the arranged meeting is a sting operation. Even if you are arrested at your home in Dakota County before you ever leave for the meeting, the state can argue the crime “terminated” where the meeting was supposed to occur. This gives them the option to prosecute you in either Dakota County or Hennepin County.
The Accusation from a Past Event
Someone you knew from years ago now lives in Duluth (St. Louis County). They go to the police and make an allegation of criminal sexual conduct against you related to an event that they claim happened in your Minneapolis apartment (Hennepin County) when they used to live there. In this more traditional scenario, the crime occurred entirely in one place. Here, § 609.353 doesn’t offer the same flexibility; jurisdiction is properly in Hennepin County, where the alleged act took place. Challenging jurisdiction becomes about disputing the alleged location of the event.
A Claim Across State Lines
You are a resident of Hudson, Wisconsin, and you are accused of sending illegal communications to someone in Woodbury, Minnesota (Washington County). In this case, Minnesota can claim jurisdiction because the crime “terminated” within its borders. The Washington County Attorney can file charges, and you would be extradited to Minnesota to face them. This statute allows Minnesota to reach across state lines to prosecute individuals for crimes that have an impact within the state.
Can We Challenge the Jurisdiction? Defenses Against an Improper Venue
Just because a prosecutor has filed a charge in a certain county does not mean the choice is legally sound or can’t be challenged. The state has the burden of proving that jurisdiction is proper, and an aggressive defense involves holding them to that burden. Challenging the state’s choice of venue is a powerful strategic move that can, in some cases, lead to a full dismissal of the charges.
I will thoroughly analyze the state’s evidence—cell phone records, IP addresses, witness statements—to determine exactly where the alleged acts took place. If the state’s claim of jurisdiction is weak, we will attack it head-on. There are several ways to fight back against what you feel is an unfair or improper venue.
Motion to Dismiss for Lack of Jurisdiction
This is the most direct attack. We would file a formal motion arguing that the state has failed to prove that the offense, or any part of it, originated or terminated in the county where the charges were filed.
- Disputing the “Origination” Point: We could argue that the state has insufficient evidence to prove you were actually in the chosen county when the alleged communication was sent. Cell tower data or other digital evidence may be unreliable or inconclusive.
- Disputing the “Termination” Point: In an online sting, the officer’s true location is critical. We can challenge the state’s proof of where their decoy or investigator was actually located. If they cannot definitively place the “termination” of the crime within their county, they do not have jurisdiction.
- The Crime Never Occurred: The ultimate challenge to jurisdiction is to argue that the underlying crime never happened at all. If there was no criminal act, there can be no jurisdiction anywhere.
Arguing for a Change of Venue
Sometimes, jurisdiction may be technically correct, but the location is fundamentally unfair. In these situations, we can file a Motion for a Change of Venue.
- Prejudicial Pre-Trial Publicity: In high-profile cases, media coverage in a specific county can be so intense and negative that it becomes impossible to find an impartial jury. We can argue to move the trial to another county to ensure your right to a fair trial.
- Convenience of Witnesses: While less common in criminal cases, if the vast majority of witnesses and evidence are located in another county, we can argue that the interests of justice favor moving the case to that more convenient forum.
Minnesota Jurisdiction FAQs — What You Need to Know Now
Can they really charge me in a county I’ve never set foot in?
Yes. If the state can prove that a criminal act you initiated “terminated” in that county (for example, an electronic message was received there), they can prosecute you there under § 609.353, even if you were never physically present.
Why would a prosecutor choose one county over another?
It’s a strategic decision. They might believe the jury pool in one county is more conservative or pro-prosecution. They may have a better working relationship with the judges in one jurisdiction, or they may simply be “venue shopping” for the location where they think they have the highest chance of winning.
What is the difference between “jurisdiction” and “venue”?
Jurisdiction is the court’s fundamental authority to hear a case. Venue refers to the specific county or geographical location where the case is heard. A motion to dismiss challenges jurisdiction (the court’s power), while a motion to change venue accepts jurisdiction but argues the location is improper or unfair.
Does the location of my case affect my bail conditions?
It can. Judges in different counties may have different practices regarding bail. A judge in one county might be more inclined to set high bail or impose restrictive conditions (like GPS monitoring) than a judge in another jurisdiction.
Can I be charged in both state and federal court for the same act?
Yes. This is known as the “dual sovereignty” doctrine. If your alleged conduct violates both Minnesota state law and federal law (common in cases involving online solicitation or child pornography), you can be prosecuted by both the state and the federal government separately.
If the undercover officer was lying about their location, does that affect jurisdiction?
It absolutely can. The state bears the burden of proving where its agent was located. If we can introduce evidence that casts doubt on the officer’s location at the time of the communication, we can defeat their claim of jurisdiction in that county.
Do I need a lawyer from the county where I was charged?
Not necessarily. In cases involving jurisdictional challenges, it is often more beneficial to have an attorney with statewide experience who isn’t afraid to challenge the local system and who understands the different legal cultures in courthouses across Minnesota.
Can challenging the venue get my case dismissed?
Yes. If we file a motion to dismiss for lack of jurisdiction and the judge agrees with our argument, the case in that county must be dismissed. While the state might be able to re-file the charges in the correct county (if the statute of limitations hasn’t expired), it is a major victory that disrupts the prosecution’s strategy.
Is “venue shopping” by prosecutors legal?
Yes, as long as they are following the rules laid out in statutes like § 609.353. The law gives them the choice, and it is expected that they will use that choice to their advantage. My job is to make sure their choice is legally valid and to counter their strategy with one of our own.
What if the crime happened on a county border?
If an act occurs in a vehicle or is otherwise in motion, and it’s uncertain in which county it happened, other statutes often allow for prosecution in any county through which the vehicle passed. This is another example of flexible jurisdictional rules.
How do we even know where an electronic communication “terminated”?
This requires a deep dive into the technical evidence. We may need to subpoena records from internet service providers or social media companies and potentially hire a digital forensics expert to trace the path of the data and challenge the state’s interpretation of its location.
Will a jurisdictional challenge make the prosecutor angry?
An aggressive defense is my job. A prosecutor’s feelings are not a factor in my strategy. My duty is to you and to raising every valid legal defense available to protect your rights, regardless of how the prosecutor feels about it.
If I live in Wisconsin, can I just ignore a Minnesota charge?
No. If you ignore a Minnesota charge, a warrant will be issued for your arrest, and Minnesota authorities will work with Wisconsin law enforcement to extradite you to face the charges. You must confront the charges with the help of a Minnesota-licensed attorney.
Does it cost more to have a lawyer handle a case in a different county?
This depends on the attorney’s fee structure. However, the cost of not hiring an effective attorney who is willing and able to travel and fight for you in any jurisdiction will always be far higher. Your freedom is priceless.
Is it better to be tried in a big city or a small town?
There is no simple answer. Each has potential advantages and disadvantages. A big city may have more anonymity but also a more backlogged and impersonal system. A small town may have jurors who are more conservative but also a judge and prosecutor who are more open to personal negotiation. The right strategy depends on the specific facts of your case.
What Your Case’s Location Means for Your Life
Ultimately, regardless of the courthouse where your case is heard, the potential consequences of a conviction for the underlying sex crime are catastrophic and uniform across Minnesota. The location of the trial is a strategic battle, but the war is about preventing these life-destroying outcomes.
Mandatory Sex Offender Registration
A conviction for most of the offenses listed in the jurisdiction statute will result in a requirement to register as a predatory offender. This means your name, address, photograph, and offense information will be placed on a public database, potentially for the rest of your life. This carries an immense social stigma and can make a normal life impossible.
The Lifelong Stain of a Felony Record
A felony conviction creates a permanent criminal record that will follow you forever. It will appear on every background check, severely limiting your ability to find a good job, secure safe housing for your family, obtain professional licenses, or even volunteer in your community.
Loss of Fundamental Civil Rights
As a convicted felon, you will lose your right to vote until you have completed your sentence, including probation. More significantly, you will be permanently banned under both state and federal law from ever possessing a firearm or ammunition, a fundamental constitutional right that will be stripped away forever.
Devastating Personal and Social Consequences
The accusation alone is enough to damage relationships with family, friends, and colleagues. A conviction can make this damage permanent. You face the prospect of being ostracized by your community, losing the trust of your loved ones, and carrying the heavy burden of shame and isolation for the rest of your life.
Why You Need a Tough, Statewide Minnesota Defense Attorney
When the state can choose the battlefield, you need a warrior who can fight anywhere. In a case where jurisdiction is a central issue, hiring a purely local lawyer can be a critical mistake. You need a defense attorney with the experience, willingness, and ability to challenge prosecutors and defend clients in any courthouse in Minnesota, from the Canadian border to the Iowa line.
An Advocate Who Understands the Entire State
I have represented clients in courtrooms across Minnesota. I understand that the unwritten rules, the local legal culture, and the personalities of the judges and prosecutors in St. Paul are different from those in Rochester, and different still from those in Duluth. This statewide experience allows me to anticipate the strategies of different county attorneys and tailor our defense to the specific environment of the courthouse where you have been charged, no matter where it is.
The Willingness to Challenge the System, Wherever It Is
Some attorneys are reluctant to step outside their home county. They are comfortable with the local players and don’t want to rock the boat. I am not one of them. My loyalty is to you, not to the system or to maintaining cozy relationships with local prosecutors. I am prepared to travel wherever your case takes us and to bring an aggressive, uncompromising defense to any jurisdiction that a prosecutor has chosen. Your rights don’t stop at the county line, and neither does my advocacy.
Turning the Tables on the Prosecutor’s Strategy
The prosecutor chose a venue because they believe it gives them an advantage. My job is to turn that perceived advantage into a liability. By vigorously challenging jurisdiction, we force them to spend time and resources defending their choice. By showing we are not intimidated by the location, we signal that we are ready for a fight on any front. This can change the entire dynamic of the case and often forces a prosecutor to be more reasonable in negotiations.
A Comprehensive Defense for Your Freedom and Future
Your defense requires more than just showing up in court. It requires a comprehensive strategy that attacks the state’s case from every possible angle, including challenging the very foundation of where the case is being heard. My singular focus is on protecting you. Whether that means fighting to get the case dismissed on a jurisdictional motion, negotiating a favorable resolution, or taking your case to trial and winning a “not guilty” verdict, I will be your dedicated advocate every step of the way.