The Affirmative Defense in Minnesota 609.26 “Reasonably Believed”

If Sandra Grazzi Rucki is allowed to use the Affirmative Defense, the test goes down to the “reasonable belief” standard. In some states, it’s just a “belief” but in Minnesota, the test is the much tougher standard. Here’s a copy of the Sandra-Rucki-Criminal-Complaint with the six felony charges. There have been two more charges recently added.

Subd. 2.Defenses. It is an affirmative defense if a person charged under subdivision 1 proves that:
(1) the person reasonably believed the action taken was necessary to protect the child from physical or sexual assault or substantial emotional harm;
(2) the person reasonably believed the action taken was necessary to protect the person taking the action from physical or sexual assault;
(3) the action taken is consented to by the parent, stepparent, or legal custodian seeking prosecution, but consent to custody or specific parenting time is not consent to the action of failing to return or concealing a minor child; or
(4) the action taken is otherwise authorized by a court order issued prior to the violation of subdivision 1.
The defenses provided in this subdivision are in addition to and do not limit other defenses available under this chapter or chapter 611.
Subd. 2a.Original intent clarified. To the extent that it states that subdivision 2 creates affirmative defenses to a charge under this section, subdivision 2 clarifies the original intent of the legislature in enacting Laws 1984, chapter 484, section 2, and does not change the substance of this section. Subdivision 2 does not modify or alter any convictions entered under this section before August 1, 1988.


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