⚖️ Legal Update

State v. Letourneau
(Minnesota Supreme Court, July 9, 2025)

Does "Force" in First-Degree Criminal Sexual Conduct Mean It Must Be Used to Accomplish the Act?
Minnesota Supreme Court: No, Force Can Occur Before or During the Act

What Happened?

• The statute criminalizes nonconsensual penetration when the actor uses force, meaning infliction of bodily harm, either before or during the act.

• The Minnesota Supreme Court rejected the argument that force had to be used to "accomplish" penetration, clarifying that force concurrent with or preceding the act is sufficient.

• The court highlighted that bodily harm, such as tearing and bleeding, establishes the "force" element under the law.

Key Takeaways for Officers

• Document Injury Evidence Carefully: Physical injuries, even if they occur during the act (not before), can establish force.

• Understand Statutory Language: Terms like "uses force" do not always require force to cause compliance — context and statutory definitions matter.

• Preserve Statements: Victim statements describing injuries and resistance can be critical for probable cause in serious sexual assault charges.

• Avoid Over-Reliance on Jury Instructions: Pattern jury instructions may not reflect recent statutory amendments or appellate interpretations.

What Did the Court Say?

• Officers lacked reasonable suspicion to stop based on the state name alone.

• Kansas law (K.S.A. 8-133) only requires plates to be clearly legible regarding the alphanumeric characters and registration decals — not the state name.

• There is no statutory requirement for a visible or readable state name on Kansas or out-of-state plates.

• Evidence from the stop was suppressed, and convictions were reversed.

💡 How Other Courts Have Ruled

• Minnesota Historical Cases (Mattson, D.L.K.): Recognize that force intrinsic to sexual assault can satisfy statutory force elements.

• Other States (e.g., California, New York): Many also accept force inflicted during the act as sufficient to meet force requirements in similar statutes.

• Federal Perspective: Courts generally look at whether bodily harm is inflicted before or during, regardless of whether it causes compliance.

You can access the full case text in the
training library.

🧠 Why This Matters

Most of these rulings won’t be in your circuit or state, but they should still get you thinking.

Do you know how your courts rule on these issues
If not, it’s time to have that conversation with your prosecutor.