Minnesota’s criminal laws continue to evolve, and several significant changes took effect on August 1, 2026. The new laws create new criminal offenses, increase penalties for certain existing crimes, change how some domestic violence cases are handled, and expand the conduct covered by statutes addressing identity theft and organized retail theft.
For anyone facing criminal charges in Minnesota, changes to the law can affect everything from how an alleged offense is charged to the potential penalties following a conviction. Below, we look at several of the most notable Minnesota criminal law changes for 2026 and what defendants should know about them.
Grooming a Minor Is Now a Felony in Minnesota
One of the most significant changes creates a new felony offense for grooming a minor.
Under the new law, grooming occurs when an adult age 18 or older expresses a desire or intent to engage in sexual conduct with a child and engages in a deliberate pattern of conduct intended to develop a false relationship of trust with the child. That relationship must be intended to strategically manipulate the child into engaging in sexual conduct with the adult at a later time.
Importantly, the statute does not require sexual conduct to actually occur.
That distinction could become particularly important in criminal cases. Investigations may focus heavily on communications between the accused and the child, including text messages, social media conversations, online messages, and other electronic evidence. As with other offenses involving allegations of sexual misconduct, the context and interpretation of those communications may play a significant role in the case.
Minnesota Increases Penalties for Impersonating a Peace Officer
Minnesota has also substantially increased the potential consequences for impersonating a police officer.
Previously, impersonating a peace officer while intending to mislead another person could be charged as a misdemeanor. Under the new law, that conduct can now constitute a felony carrying a maximum sentence of two years in prison.
More serious circumstances carry even greater potential penalties. A person may face up to five years in prison if the alleged impersonation is used to:
- Gain access to a nonpublic government building or facility;
- Direct another person to take an action or refrain from acting;
- Improperly use vehicle lights or sirens; or
- Operate a vehicle falsely marked as a police or law enforcement vehicle.
Penalties can increase further for repeat offenses and cases involving firearms. Possessing a firearm while impersonating a peace officer can carry a maximum sentence of 10 years in prison.
For defendants, this means conduct that previously could have resulted in a misdemeanor allegation may now expose someone to felony prosecution.
Police Have More Time to Make Warrantless Domestic Assault Arrests
Another significant change involves arrests following allegations of domestic assault.
Beginning August 1, Minnesota law allows peace officers up to 14 days to make a warrantless arrest of a person accused of committing domestic assault who fled the scene.
This change is important because leaving the location of an alleged domestic assault does not necessarily mean an arrest will require a warrant later. Law enforcement may continue investigating after the incident and potentially make an arrest within the expanded statutory period.
Anyone who learns that police are investigating them for domestic assault should be cautious about speaking with investigators without first understanding their rights and the potential consequences of those statements.
Minnesota Creates a Standard Firearm Surrender Process in Domestic Violence Cases
Minnesota has also established a more standardized process for firearm transfers when a person involved in a domestic violence case is ordered to surrender their firearms.
Under the new law, a required firearm transfer must occur as soon as reasonably practical. Firearms may generally be transferred to:
- The person’s local law enforcement agency;
- A federally licensed firearms dealer; or
- A qualifying third party who does not live with the person.
Third-party transfers must take place at a law enforcement agency.
A person subject to the order must also provide the district court with proof that the firearms were transferred or file a declaration stating that they do not possess firearms, along with any required third-party affidavit. The court must hold a compliance hearing within 10 business days after issuing the transfer order.
These procedural requirements make it especially important to take a firearm surrender order seriously. Failing to understand or comply with the required process can create additional legal problems.
AI-Generated “Forged Digital Likenesses” Can Fall Under Minnesota Identity Theft Laws
Artificial intelligence and increasingly sophisticated image-generation technology have created new questions for criminal law. Minnesota lawmakers have responded by adding “forged digital likeness” to conduct that can be prosecuted under the state’s identity theft statutes.
The change potentially expands the application of identity theft laws to digitally created or manipulated representations of another person.
This is an emerging area of criminal law. Cases involving AI-generated images, video, audio, or other digital content may raise complicated questions about who created the material, how it was used, intent, and what digital evidence connects a particular person to the alleged conduct.
Minnesota Increases Penalties for Extortion Involving Private Sexual Images
Minnesota has also increased penalties for certain coercion cases involving threats to distribute private sexual images.
Under the new law, enhanced penalties can apply when a threat to disseminate private sexual images is a substantial contributing factor in another person suffering great bodily harm or dying.
A violation can carry a sentence of up to 10 years in prison when the threat is a substantial factor in causing great bodily harm. The maximum increases to 15 years when the violation is a substantial factor in a person’s death.
These cases can involve extensive digital evidence, including text messages, social media accounts, cloud storage, photographs, and communications between the parties. Determining exactly what was said, who sent particular communications, and whether the statutory requirements are satisfied may therefore be central to the defense.
Statute of Limitations Extended for Certain Minnesota Financial Crimes
The 2026 changes also give prosecutors more time to pursue charges involving several financial and fraud-related crimes.
Minnesota has extended the statute of limitations from five years to seven years for several offenses, including:
- Theft by swindle;
- Failure to pay state funds;
- Fraudulent certificates of title; and
- Receiving stolen property.
A statute of limitations generally establishes how long the state has to initiate a criminal prosecution. Extending that period means individuals could potentially face investigations and charges years after the alleged conduct occurred.
Older financial cases can also create unique evidentiary issues. Records may have been lost, memories may have faded, employees may have changed jobs, and circumstances surrounding individual transactions may be more difficult to reconstruct. Those issues can become important when evaluating the prosecution’s evidence and developing a defense.
Organized Retail Theft Law Now Includes Gift Cards
Minnesota’s organized retail theft statute, originally enacted in 2023, has also been expanded.
The law now covers certain theft involving gift cards, including schemes in which someone steals gift card codes or PINs before a card is purchased and activated. Once an unsuspecting customer purchases the compromised card, someone may use the stolen information to access its value.
Notably, penalties can be based on the amount that could be taken from the gift card, rather than only the amount actually stolen.
The law also addresses situations involving tampering with stolen merchandise for purposes of obtaining something of value from a retailer or retail customer.
Because organized retail theft involves circumstances beyond an ordinary shoplifting allegation, the specific facts surrounding the alleged conduct, the individuals involved, prior offenses, and the value attributed to the property can significantly affect how a case is charged.
Other Minnesota Criminal Law Changes Taking Effect in 2026
Several additional changes may affect criminal investigations and prosecutions in Minnesota.
The new public safety laws increase criminal penalties for assaulting vulnerable adults and make assaulting a hospital or clinic worker a gross misdemeanor. Minnesota has also raised the minimum age for possessing kratom from 18 to 21. As of August 1, 2026, possession by someone under 21 is a misdemeanor, while selling kratom to someone under 21 is a gross misdemeanor.
Changes have also been made to the rights of crime victims during plea negotiations. Prosecutors must make a good-faith effort to inform victims about impending plea agreements, and crime victims have the right to object to an agreement at a plea hearing. Judges must ask whether a victim has an objection.
While a victim’s objection does not by itself determine the outcome of a criminal case, the new procedures could become another consideration during plea negotiations and sentencing discussions.
What Do Minnesota’s New Criminal Laws Mean If You Are Charged with a Crime?
Changes in criminal statutes can have immediate consequences. Conduct occurring before and after a new law’s effective date may be governed differently, and seemingly small factual distinctions can affect what offense prosecutors allege and what penalties may apply.
It is also important to remember that being accused of violating one of these laws is not the same as being convicted. The prosecution still has to establish the elements of the charged offense, and defendants retain constitutional and procedural rights throughout the criminal process.
If you are under investigation or have been charged with a crime, understanding exactly which version of Minnesota law applies to your case is an important first step.
Talk With a Minnesota Criminal Defense Attorney
Minnesota’s 2026 criminal law changes create new offenses, expand existing statutes, and increase potential penalties in several areas. If you have been arrested, charged, or contacted by law enforcement about an alleged offense, getting legal advice early can help you understand what the new laws mean for your particular situation.
The criminal defense attorneys at Sieben Edmunds Miller represent clients facing serious criminal charges throughout Minnesota, as well as Wisconsin. We can review the allegations, explain the laws that apply, examine the evidence against you, and help determine the best path forward.
