Minnesota Supreme Court Update: Restitution Can Be Awarded To A Child Victim’s Family
State v. Allison, A22-0793 (Minn. Jan. 10, 2024) (interpreting Minn. Stat. § 611A.01(b) & Minn. Stat. § 611A.04)
Today, in State v. Allison, A22-0793 (Minn. Jan. 10, 2024), the Minnesota Supreme Court concluded that family members of a minor victim who incurred personal loss or harm as a direct result of the crime have a right to receive restitution under Minnesota Statutes section 611A.04, subdivision 1(a) (2022).
The defense argued that although Minnesota Statutes section 611A.01b (2002) includes a victim’s family members in its definition of “victim,” family members are in the class of victims who only receive restitution when they step into the shoes of the child victim for the limited purposes of exercising the duties they owe to the child.
The supreme court disagreed and concluded that a person who incurs a personal loss as a direct result of the crime being committed against a minor family member is a victim for the purposes of Minnesota Statues section 611A.01(b) and has a right to receive restitution under Minnesota Statues section 611A.04 (2022).
