Age of delinquency for certain serious offenses established to be ten years of age.

2025-2026 Regular Session Introduced by Bidal Duran

HF 5136 raises the delinquency age floor, generally shielding under-13s from delinquency charges unless violent crimes meet a ten-year/violent-crime exception.

Introduction and first reading, referred to Public Safety Finance and Policy

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Summary of HF 5136 (2025-2026) – Minnesota

Purpose and intent

HF 5136 proposes to change the age framework for delinquency in Minnesota. Specifically, it establishes ten years of age as the threshold for delinquent acts in certain serious offenses, and it adjusts related definitions to reflect this change. The bill also amends two statutory definitions to align with this new age standard and to set an effective date of August 1, 2026 for the changes.

Key provisions

Delinquent child definition (§ 260B.007, subd. 6):

Retains standard elements of “delinquent child” (e.g., acts violating state/local law, federal/other state law referred to juvenile court, escaped confinement).
Carves out certain offenses and special cases (e.g., murder in the first degree for older youth is treated differently; attempted murder in the first degree remains within the delinquent framework).
New provision (effective Aug. 1, 2026): For acts committed on or after August 1, 2026, a child who commits a delinquent act before turning 13 is generally not treated as a delinquent child unless the child is at least ten years old and the act is a crime of violence as defined in statute. This expands the protection for younger children from delinquency proceedings unless meeting the violence-crime exception.

Child in need of protection or services (CIPS) definition (§ 260C.007, subd. 6):

Maintains the broad list of circumstances that qualify a child as in need of protection or services (abandonment, abuse, neglect, lack of care, medical neglect, runaway status, habitual truancy, etc.).
New age-related provision (effective Aug. 1, 2026): Expands the age-related carve-out so that a child who commits a delinquent act before age 13 is generally not a delinquent act unless the act is a violent crime and the child is at least ten years old; otherwise, the child may fall under CIPS or other protections.

Effective date: Both sections become effective August 1, 2026.

Who is affected

Children and youth in Minnesota: The changes primarily affect how very young children (under 13, with a nuance for those at least 10 and involving violent offenses) are treated in delinquency proceedings.

Juvenile courts and child protection agencies: These bodies would implement the new age thresholds in determining whether to pursue delinquency actions versus protection/services interventions.

Procedural and timeline considerations

The amendments apply to acts committed on or after August 1, 2026.

The bill is currently in the introduction/first-reading stage (as of May 12, 2026) and has a sponsor with co-sponsor Bidal Duran.

Summary impact

HF 5136 shifts policy toward greater protection for younger children by implementing a higher delinquency age floor for most acts, with an exception for violent crimes where older minimum age and age thresholds apply. The intent appears to reduce juvenile delinquency filings for younger children and route certain cases into protection or services avenues rather than formal delinquency proceedings, while maintaining strict handling for qualifying violent offenses.