STATE OF MINNESOTA
IN SUPREME COURT
A23-0560
Court of Appeals Gaïtas, J.
State of Minnesota, Appellant, vs. Filed: July 23, 2025 Office of Appellate Courts Nicholas Lee Hill, Respondent. ________________________
Keith Ellison, Attorney General, Saint Paul, Minnesota; and
Mary F. Moriarty, Hennepin County Attorney, Robert I. Yount, Adam E. Petras, Assistant County Attorneys, Minneapolis, Minnesota, for appellant.
Cathryn Middlebrook, Chief Appellate Public Defender, Adam Lozeau, Assistant State Public Defender, Saint Paul, Minnesota, for respondent.
________________________
SYLLABUS
1. The corpus delicti statute, Minn. Stat. § 634.03 (2024), which bars a
conviction based solely on a confession, is satisfied for both completed offenses and
attempt offenses when there is independent evidence that reasonably tends to prove the
defendant committed the charged offense.
2. Respondent’s conviction for attempted first-degree criminal sexual conduct
does not violate the corpus delicti statute, Minn. Stat. § 634.03, because the State’s
1 evidence independent of respondent’s confession reasonably tends to show that respondent
committed the offense.
Reversed and remanded.
OPINION
GAÏTAS, Justice.
In this attempted first-degree criminal sexual conduct case, we consider the
operation of the corpus delicti statute, Minn. Stat. § 634.03 (2024), which provides that a
defendant cannot be convicted of a crime based solely on the defendant’s confession to the
crime. After isolating and physically attacking a woman, respondent Nicholas Lee Hill
confessed that he had been planning to rape her during the encounter. Appellant State of
Minnesota charged Hill with attempted first-degree criminal sexual conduct, and the
district court found Hill guilty and sentenced him to prison. The court of appeals reversed
Hill’s conviction, concluding that for attempt crimes, the corpus delicti statute requires
independent evidence of both a defendant’s intent and a substantial step toward
commission of the underlying offense, and that because Hill’s confession was the only
evidence that he intended to sexually penetrate the victim, Hill’s conviction violated the
corpus delicti statute. We granted the State’s petition for review. We confirm that the
standard we articulated in State v. Holl, 966 N.W.2d 803, 814 (Minn. 2021)—which
requires independent evidence “that reasonably tends to prove” the defendant committed
the charged offense—applies to both completed crimes and attempt crimes. And because
we conclude that independent evidence reasonably tends to prove that Hill committed the
offense of attempted first-degree criminal sexual conduct, thus satisfying the corpus delicti
2 statute, we reverse the decision of the court of appeals and remand to that court to consider
the remaining arguments that Hill raised on appeal.
FACTS
The incident at issue here occurred at a subsidized senior living apartment building
in Minneapolis on May 11, 2020. Hill entered the lobby at around noon and asked a
building employee, M.K., for a rent application. M.K. recognized Hill, who had visited
the apartment building multiple times before and had requested a rent application each
time. Later, M.K. testified that during each of these previous encounters with Hill, she had
felt uneasy.
C.L., who worked as a manager at the building, intervened and told M.K. that she
would handle Hill’s request. C.L. asked Hill to wait in the lobby while she retrieved an
application. When she returned to the lobby moments later, she saw Hill walking
unaccompanied down a hallway. After C.L. instructed Hill to return to the lobby, he asked
to see a vacant apartment. C.L. took Hill to see an empty unit near the lobby.
When they entered the apartment, Hill stood near the bathroom, and he asked C.L.
about the bathroom. C.L. later testified that she believed Hill wanted to get her into the
bathroom because he could have disabled her more easily there. Rather than entering the
bathroom, C.L. pointed out a closet to Hill. Suddenly, Hill pushed C.L. into the closet,
causing her to fall to the floor. Hill then leaned over C.L. and choked her with both of his
hands. C.L. screamed for help, pounded on the closet wall, and tried to scratch Hill’s face.
3 M.K. heard C.L. screaming, called 911, and began kicking the door to the apartment,
which was locked. C.L. later testified that she did not lock the door when she entered the
apartment with Hill.
As Hill continued to choke C.L., she said, “You need to stop.” Hill’s face “went
blank,” and he stopped choking C.L. Both Hill and C.L. got up. Hill then pulled out a
knife, first pointing the blade toward C.L. but then turning it around as if to hand it to her.
C.L. took the knife. Hill then left the apartment, repeatedly saying, “I’m sorry.”
M.K. and C.L. escorted Hill out of the apartment building. C.L. estimated that the
incident in the vacant apartment lasted “less than five minutes.” During that time, Hill did
not touch C.L.’s intimate parts, attempt to undress her or himself, or make any sexual
comments. C.L. later testified that Hill did not have an opportunity to touch her intimate
parts or to do anything sexual because she was fighting back. After the incident, C.L.’s
neck was red and bruised, and she experienced pain in her neck and body.
Police arrested Hill two days later. Following a Miranda warning, two police
investigators asked Hill what happened on the day of the assault. Hill responded, “[F]or
some reason my dick got really hard.” He admitted to assaulting C.L. in the closet of the
vacant unit and told the investigators that he “thought about raping her” but “didn’t follow
through.” Hill stated, “I stopped. I thought I was supposed to do it, but the way she was
acting didn’t seem correct, so I stopped and walked out.” The investigators asked Hill
about his purpose for going to the apartment building—whether he was “looking at the
apartment or . . . planning to rape” C.L. Hill replied, “Um I was like thinking
4 about . . . [r]aping her.” An investigator asked why Hill “[did] all that.” Hill replied,
“ ’Cause I was thinking about sex.”
The State charged Hill with one count of attempted first-degree criminal sexual
conduct while armed with a dangerous weapon. Minn. Stat. § 609.17, subd. 1 (2018);
Minn. Stat. § 609.342, subd. 1(d) (2018). 1 Later, the State amended the complaint, adding
a second count: attempted first-degree criminal sexual conduct causing personal injury
using force or coercion to accomplish the act. Minn. Stat. § 609.17, subd. 1; Minn. Stat.
§ 609.342, subd. 1(e)(i) (Supp. 2019).
Hill moved to suppress his confession, arguing that the police violated his
constitutional rights by questioning him. The district court denied the motion, concluding
that Hill had waived his Miranda rights and that the confession would be admissible at
Hill’s trial.
Hill then waived his right to counsel and chose to represent himself. Following the
discharge of his counsel, Hill asked the district court to reconsider its order denying the
motion to suppress Hill’s confession. The district court permitted Hill to present evidence
concerning the voluntariness of the confession. After an evidentiary hearing, the district
court denied Hill’s motion for reconsideration. The district court determined that Hill
1 We cite here to the versions of the criminal statutes that were in effect at the time the act occurred. The corpus delicti statute has remained unaltered.
5 “knew and understood his Miranda rights,” and that Hill “was neither confused nor
delusional about where he was” and why the police were questioning him.2
Hill waived his right to a jury trial and agreed to have a court trial. Because Hill
asserted a mental illness defense, the district court bifurcated the trial into two phases, a
guilt phase and a mental illness phase. 3
During the State’s case-in-chief, M.K., C.L., and two police officers testified, and
the prosecutor introduced 11 exhibits, including Hill’s confession. 4 Hill presented no
evidence.
The district court found Hill guilty of attempted first-degree criminal sexual conduct
causing personal injury using force or coercion. It relied in part on Hill’s confession as
evidence of Hill’s intent to engage in sexual penetration with C.L. and Hill’s substantial
2 Hill does not challenge the district court’s denial of his motion to suppress his statement before this court. 3 Under Minnesota Rule of Criminal Procedure 20.02, subdivision 7, when a defendant relies on both a not guilty defense and a mental illness defense, the district court “must separate the two defenses,” considering the not guilty defense first and the mental illness defense second. 4 The State also moved to introduce evidence of Hill’s prior conviction for first-degree criminal sexual conduct under Minnesota Rule of Evidence 404(b) as evidence of Hill’s intent. See also State v. Spreigl, 139 N.W.2d 167, 169–173 (Minn. 1965) (allowing evidence of other criminal acts for specific purposes). The district court denied the State’s motion, determining that the danger of unfair prejudice substantially outweighed the probative value of the evidence.
6 steps toward commission of the offense. 5 The district court found Hill not guilty of
attempted first-degree criminal sexual conduct while armed with a dangerous weapon.
As to Hill’s mental illness defense, the district court concluded that, although Hill
had a history of mental illness, he did not meet the requirements of the mental illness
defense because he understood the wrongful nature of his actions. 6 See Minn. Stat.
§ 611.026 (2024) (“No person having a mental illness or cognitive impairment so as to be
incapable of understanding the proceedings or making a defense shall be tried, sentenced,
or punished for any crime; but the person shall not be excused from criminal liability except
upon proof that at the time of committing the alleged criminal act the person was laboring
under such a defect of reason, from one of these causes, as not to know the nature of the
act, or that it was wrong.”). The district court found that Hill recounted the sexual assault
to police, stated that he planned to rape C.L., and acknowledged that rape is wrong.
At sentencing, the district court sentenced Hill to 180 months in prison.
Hill appealed his conviction, 7 arguing, among other things, that his conviction
violated the corpus delicti statute because, beyond his confession, the State failed to present
evidence that reasonably tends to prove that he committed attempted first-degree criminal
sexual conduct. State v. Hill, 10 N.W.3d 317, 320 (Minn. App. 2024). The court of appeals
5 Under Minnesota Statutes section 609.17, subdivision 1, “[w]hoever, with intent to commit a crime, does an act which is a substantial step toward, and more than preparation for, the commission of the crime is guilty of an attempt to commit that crime.” 6 The district court’s rejection of Hill’s mental illness defense is not before us in this appeal. 7 Hill has been represented by counsel throughout his appeal.
7 agreed and reversed Hill’s conviction. Id. at 327–28. One judge dissented, determining
that the State’s evidence satisfied the corpus delicti statute. Id. at 330–31 (Reyes, J.,
dissenting).
We granted the State’s petition for review.
ANALYSIS
In this case, we are asked to address what Minnesota’s corpus delicti statute requires
when a defendant, following a confession, is charged with an attempted criminal sexual
conduct offense. The court of appeals held that in all cases involving an attempt crime to
which the defendant confessed, the corpus delicti statute requires the State to present
evidence independent of the confession that reasonably tends to prove the defendant’s
intent to commit the underlying crime and the defendant’s substantial step toward the
commission of that crime. Hill, 10 N.W.3d at 324–25.
According to the State, the court of appeals’ rule is too demanding. The State points
out that we have previously held the corpus delicti statute requires independent evidence
“that reasonably tends to prove that the specific crime charged in the complaint actually
occurred,” State v. Holl, 966 N.W.2d 803, 814 (Minn. 2021), and it contends that standard
should apply to both completed crimes and attempt crimes. The State further argues that
the independent evidence here satisfies this standard. Hill disagrees. He supports the court
of appeals’ approach, and he argues that the State presented no independent evidence to
establish that he intended to sexually assault C.L. or took a substantial step toward
committing that act.
8 To answer the questions presented here, we must first interpret the corpus delicti
statute as it pertains to attempt crimes, including attempted first-degree criminal sexual
conduct, and then apply our interpretation to the evidence in this case. We review both
issues de novo. See Holl, 966 N.W.2d at 814.
I.
A.
We begin our analysis by considering the corpus delicti rule and our state statute
codifying the rule. The corpus delicti rule “seeks to ensure the State has established the
occurrence of a crime before introducing the statements or confessions of the accused to
demonstrate that the accused committed the crime.” Holl, 966 N.W.2d at 809 (citation
omitted) (internal quotation marks omitted). It also “discourages coercively acquired
confessions and requires that admissions and confessions from defendants are reliable.”
Id. at 808 (citation omitted) (internal quotation marks omitted). “Corpus delicti” is Latin
for the “body of the crime.” Holl, 966 N.W.2d at 809 (internal quotation marks omitted)
(quoting State v. Dern, 362 P.3d 566, 576 (Kan. 2015) (explaining the origins of the corpus
delicti doctrine)). The corpus delicti doctrine originated in English common law. See id.
(summarizing Perry’s Case, a 1661 English case in which John Perry was convicted for
the murder of his master and executed based solely on a false confession, after which the
alleged victim reappeared and explained that he had instead been kidnapped and sold into
slavery); see also Dern, 362 P.3d at 576; David A. Moran, In Defense of the Corpus Delicti
Rule, 64 Ohio St. L.J. 817, 826–27 (2003). It was first codified in Minnesota as a territorial
statute in 1851. State v. McCoy, 963 N.W.2d 472, 484 (Minn. 2021) (citing Minn. Rev.
9 Stat. (Terr.) ch. 132, § 240 (1851) (prohibiting a conviction “without proof that the offence
charged has been committed”)).
The current version of Minnesota’s corpus delicti statute states, in relevant part, “A
confession of the defendant shall not be sufficient to warrant conviction without evidence
that the offense charged has been committed . . . .” Minn. Stat. § 634.03. In State v. Holl,
we interpreted the statute as “requir[ing] the State to present evidence independent of a
confession that reasonably tends to prove that the specific crime charged in the complaint
actually occurred.” 966 N.W.2d at 814. We noted that the statute “does not require that
each element of the offense charged be individually corroborated.” Id. (citation omitted)
(internal quotation marks omitted). Additionally, we observed that “circumstantial
evidence can still be construed as sufficient independent evidence for corroboration.” Id.
B.
To address the question presented here—what evidence is required to establish the
corpus delicti for attempted first-degree criminal sexual conduct—we consider that specific
offense.
Hill was convicted of attempted first-degree criminal sexual conduct causing
personal injury using force or coercion. Minn. Stat. § 609.17, subd. 1; Minn. Stat.
§ 609.342, subd. 1(e)(i). To prove the completed offense of first-degree criminal sexual
conduct under that provision, the State must establish that the defendant (1) sexually
penetrated the complainant, (2) without the complainant’s consent, (3) caused personal
injury to the complainant, and (4) used force or coercion. Minn. Stat. § 609.342,
subd. 1(e)(i); see also 10 Minn. Dist. Judges Ass’n, Minnesota Practice—Jury Instruction
10 Guides, Criminal, CRIMJIG 12.03 (7th ed. 2024). An attempt offense has different
elements than a completed offense. “[A]ttempt is an inchoate crime that must be connected
to an uncompleted substantive crime that was attempted.” State v. Noggle, 881 N.W.2d
545, 549 (Minn. 2016). To convict a person of an attempt, the State must prove that the
person, “with intent to commit a crime, does an act which is a substantial step toward, and
more than preparation for, the commission of the crime.” Minn. Stat. § 609.17, subd. 1.
Thus, to establish guilt of attempted first-degree criminal sexual conduct under section
609.342, subdivision 1(e)(i), the State must prove that a defendant intended to sexually
penetrate a nonconsenting complainant causing personal injury using force or coercion,
and the defendant took a substantial step toward committing that crime.
C.
Having identified the elements of attempted first-degree criminal sexual conduct
under section 609.342, subd. 1(e)(i), we now address the court of appeals’ approach to
determining whether there was sufficient independent evidence of this offense to satisfy
section 634.03, the corpus delicti statute.
The court of appeals considered the implications of the corpus delicti statute and
our prior case law, including Holl, for inchoate crimes such as attempt. Hill, 10 N.W.3d
at 321. Ultimately, the court of appeals held that “if the specific crime charged in the
complaint is an attempt crime, the state must present evidence independent of the
confession that reasonably tends to prove . . . an intent to commit [the] underlying crime
and . . . a substantial step toward the commission of the underlying crime.” Id. at 324–25.
11 The court of appeals reached this conclusion by first identifying the essential
elements of attempted first-degree criminal sexual conduct: (1) intent to commit
first-degree criminal sexual conduct causing personal injury using force or coercion and
(2) a substantial step toward the commission of that crime. Id. at 321–22. It then
acknowledged the rule that we announced in Holl that the corpus delicti statute “does not
require that each element of the offense charged be individually corroborated.” Id. at 322
(citation omitted) (internal quotation marks omitted) (emphasis removed). But the court
of appeals noted that the Holl decision does not provide further guidance about which
elements must be corroborated. Id. Citing “[p]rior supreme court opinions” generally, the
court of appeals stated that “the state must corroborate the elements of a crime that
constitute the corpus delicti of the crime.” Id. at 322–23.
The court of appeals cited McCormick on Evidence—a treatise that we have
previously relied on—for the proposition that the corpus delicti of an offense generally
consists of (1) “a particular injury or harm” and (2) “the criminal nature of the cause of the
injury or harm.” Hill, 10 N.W.3d at 323; see 1 Charles T. McCormick, McCormick on
Evidence § 146 (Robert P. Mosteller ed., 8th ed. 2022). It observed that this proposition is
consistent with some of our decisions addressing the corpus delicti for completed crimes.
Hill, 10 N.W.3d at 323 (citing State v. Laliyer, 4 Minn. 368, 377 (1860) (stating that the
corpus delicti for murder is that “the particular murder . . . has been committed by some
one” and that the “death was caused by the criminal agency of another”); State v. Grear,
13 N.W. 140, 140–41 (Minn. 1882) (observing that the corpus delicti for assault was
established where a woman was shot, there was no evidence that she shot herself or that
12 there was an accident, and there was independent evidence showing that the defendant shot
the woman); State v. Plagman, 121 N.W.2d 621, 623 (Minn. 1963) (stating that the corpus
delicti for arson was established by independent evidence that the fire “was of incendiary
origin” and the defendant’s subsequent confession during a court proceeding)). Relying
on McCormick on Evidence and these decisions, the court of appeals interpreted Holl to
require the State to “present evidence independent of the defendant’s confession that
reasonably tends to prove those elements of the specific crime charged . . . that constitute
the corpus delicti of the crime.” Hill, 10 N.W.3d at 323.
Next, the court of appeals considered how to discern the corpus delicti of attempted
first-degree criminal sexual conduct. It noted that, unlike a completed crime, “an attempt
[crime] typically does not result in a tangible injury or harm.” Id. at 324. Again citing
McCormick on Evidence, the court of appeals adopted the “gravamen” approach, which
provides that the corpus delicti of an inchoate crime requires independent evidence
establishing the “ ‘gravamen of the offense.’ ” Id. (quoting McCormick on Evidence
§ 146). The court of appeals defined the gravamen of an offense as “the material part of a
criminal charge.” Id. (citation omitted) (internal quotation marks omitted). And observing
that the elements of a defendant’s intent and an act constituting a substantial step toward
the completed crime “are material and essential to the existence of an attempt crime,” the
court of appeals concluded that “[t]he corpus delicti of an attempt crime must encompass
both elements.” Id. (“There can be no attempt crime if there is only an intent to commit a
crime but no act in furtherance of that intent. . . . And there can be no attempt crime if
there is only an act, without any intent to commit a crime.”). To establish the corpus delicti
13 for attempted first-degree criminal sexual conduct, the court of appeals held that the State
must present evidence, independent of a defendant’s confession, that reasonably tends to
prove (1) the defendant’s intent to commit first-degree criminal sexual conduct and (2) the
defendant’s act that was a substantial step toward committing the completed offense. Id.
at 325.
Finally, applying this rule to the circumstances in Hill’s case, the court of appeals
concluded that the State had failed to establish the corpus delicti for attempted first-degree
criminal sexual conduct. Id. at 327–28. The court of appeals determined that the State’s
independent evidence did not establish Hill’s intent to engage in nonconsensual sexual
conduct. Id. And because it determined that the State did not present independent evidence
of Hill’s intent, it concluded that reversal of Hill’s conviction was required. Id. at 328.
One court of appeals judge dissented, determining that there was sufficient
independent evidence to establish the corpus delicti of attempted first-degree criminal
sexual conduct. Id. at 330 (Reyes, J., dissenting). According to the dissent, the State need
not corroborate every element of the charged crime, and the State “undisputed[ly]”
established “three of the four elements” of first-degree criminal sexual conduct. Id. Thus,
according to the dissent, the State satisfied its burden under the corpus delicti statute to
produce evidence that “ ‘reasonably tends to prove’ ” that Hill attempted to engage in
forcible sexual penetration. Id. (quoting Holl, 966 N.W.2d at 814).
Alternatively, the dissent concluded, even if the corpus delicti statute requires
independent evidence of intent, the State presented sufficient circumstantial evidence
showing Hill’s intent to engage in forcible sexual penetration of C.L. Id. at 331–32. The
14 dissent pointed to M.K. and C.L.’s testimony as well as the reasonable inferences that can
be drawn from them:
[Hill] did not have to overtly express his intentions during the assault because his conduct demonstrated that he was executing his plan to sexually assault C.L. He cased C.L.’s workplace by visiting it several times before the incident occurred. He asked C.L. to show him an apartment under false pretenses. Then, when he had her alone in the apartment, he forced her into a closet, locked the door behind him, pushed her flat on the ground, and began choking her. . . . Not only do these circumstances “reasonably tend[] to prove” [Hill’s] guilt, but they point unerringly to the only conclusion that a woman in C.L.’s situation would reach: that [Hill] intended on engaging in criminal sexual conduct . . . .
Id. at 333.
D.
We now consider whether the court of appeals’ rule—that for an attempt crime, the
corpus delicti statute requires independent evidence of both a defendant’s intent and a
substantial step toward commission of the underlying offense—accurately reflects
Minnesota law.
The State argues that the court of appeals’ approach is inconsistent with the corpus
delicti statute and our case law. It contends that the court of appeals drew an unnecessary
distinction between attempt crimes and completed crimes. According to the State, the
standard we articulated in Holl—which requires independent evidence “that reasonably
tends to prove” the defendant committed the charged offense—should apply to both
completed crimes and attempt crimes. Holl, 966 N.W.2d at 814.
Hill, on the other hand, observes that completed crimes and attempt crimes are
qualitatively different. Thus, he argues, the corpus delicti for these types of crimes must
15 also be different. Hill advocates for the “gravamen” approach adopted by the court of
appeals. According to Hill, this approach comports with how we have described what the
corpus delicti is: the “ ‘substance or foundation’ ” of the crime. See McCoy, 963 N.W.2d
at 477 n.1 (quoting Corpus Delicti, Black’s Law Dictionary (5th ed. 1979)). Hill also
supports the court of appeals’ bright-line rule requiring independent evidence of a
defendant’s intent to commit an underlying crime to establish the corpus delicti for attempt
crimes. He points out that an attempt offense generally does not result in the infliction of
any harm. And he argues that without independent evidence of a defendant’s intent to
commit the offense, the corpus delicti statute becomes meaningless for attempt offenses.
In our view, the better rule—and the rule most consistent with the corpus delicti
statute itself and our case law—is the rule that we recently articulated in Holl. There, we
stated that the plain language of the corpus delicti statute is satisfied when there is
independent evidence “that reasonably tends to prove” the defendant committed the
charged offense. Holl, 966 N.W.2d at 814. We now hold that this rule applies to both
completed offenses and attempt offenses. Accordingly, we reject the court of appeals’
holding that, to establish the corpus delicti for attempt crimes, the State must present
independent evidence of both a defendant’s intent to commit the underlying crime and a
substantial step toward the commission of the underlying crime. Instead, the corpus delicti
statute, section 634.03, is satisfied when the State presents independent evidence that
reasonably tends to prove the defendant committed the charged attempt offense.
We are persuaded that this rule should apply to both completed offenses and attempt
offenses for two reasons. First, it best reflects the limited purpose of the corpus delicti
16 statute: to avoid prosecutions for nonexistent crimes when the only evidence of the crime
is a defendant’s confession. See Holl, 966 N.W.2d at 809 (stating that the corpus delicti
statute “seeks to ensure the State ‘has established the occurrence of a crime before
introducing the statements or confessions of the accused’ ” (quoting Taylor, 831 A.2d
at 590)). Our cases show that the quantum of evidence necessary to achieve this limited
purpose is not high. See, e.g., State v. McLarne, 150 N.W. 787, 789 (Minn. 1915)
(requiring, for arson, corroboration that a building burned and that “the origin of the
fire . . . was the criminal act of defendant, or any one else”); State v. Wylie, 186 N.W.
707, 708–09 (Minn. 1922) (focusing on whether the crime of larceny occurred at all and,
if so, whether there was evidence corroborating the identity of the individual who
committed larceny); State v. Voges, 266 N.W. 265, 266 (Minn. 1936) (defining the corpus
delicti of homicide as “the death of a human being and that a criminal agency produced it”
(citation omitted) (internal quotation marks omitted)); see also McCormick on Evidence
§ 146 (“Only ‘slight’ corroborating evidence [of the corpus delicti] is often required . . . .”
(citations omitted)). Imposing a heightened standard for independent evidence in attempt
cases therefore would be incongruous with the limited purpose of the corpus delicti statute.
Second, we have held that the plain language of the corpus delicti statute “does not
require that each element of the offense charged be individually corroborated.” Holl,
966 N.W.2d at 814 (citation omitted) (internal quotation marks omitted). The court of
appeals’ decision—requiring independent evidence in every attempt case of both a
defendant’s intent to commit a completed crime and a substantial step toward commission
of that crime—effectively necessitates corroboration of each element of a charged offense,
17 contrary to the plain meaning of the corpus delicti statute. Because the statute itself does
not prescribe any quantum of proof or formula for assessing independent evidence,
adopting an element-specific requirement for a particular category of cases would require
us to read additional language into the statute. We decline to do so. See Noggle,
881 N.W.2d at 550 (stating that we do not read additional language into a statute).
Hill argues that some of our case law has, at times, required independent
corroboration of a defendant’s intent to establish the corpus delicti. He contends that the
court of appeals’ approach—requiring independent proof of a defendant’s intent for
attempt offenses—is consistent with our earlier decisions. For example, Hill notes, we
stated in State v. McLarne that “to prove the corpus delicti in arson, it is necessary to show,
not only that the building burned, but that the fire was designedly set by some one.”
150 N.W. at 789. In State v. McTague, we reiterated that the corpus delicti rule requires
corroboration of both a fire and the criminal nature of the fire in arson cases, stating that
“proof of the corpus delicti requires proof of the burning of the building and proof that the
fire was criminally set.” 252 N.W. 446, 446 (1934). And in State v. Plagman, we noted
that the corpus delicti of arson is “[t]hat there was a fire willfully set by someone,” and we
upheld the defendant’s arson conviction. 121 N.W.2d at 623. Hill argues that these are
examples of this court holding that intent “is a required part of the corpus delicti” for certain
crimes.
We do not read these cases to establish a rule requiring independent corroborating
evidence of a defendant’s intent. None of the arson cases cited by Hill require the State
to corroborate the defendant’s mental state. Rather, they merely require evidence
18 independent of the defendant’s confession that the fire resulted from a criminal act, instead
of an accident or natural cause. See McLarne, 150 N.W. at 789 (requiring only that the
State corroborate that “the fire was designedly set by some one” as opposed to an accidental
or naturally occurring cause (emphasis added)); McTague, 252 N.W. at 446 (requiring only
that the State corroborate that “the fire was criminally set” as opposed to an accidental or
naturally occurring cause (emphasis added)); Plagman, 121 N.W.2d at 623 (requiring only
that the State corroborate that the fire was “willfully set by someone” as opposed to an
accidental or naturally occurring cause (emphasis added)).
Hill points to our decision in State v. Koskela as an additional indication that we
have required corroboration of a defendant’s intent to establish the corpus delicti for certain
offenses. 536 N.W.2d 625 (Minn. 1995). The victim in that case was stabbed to death in
the bedroom of her apartment. Id. at 626–27. Initially, the case went unsolved. See id.
at 627. But almost three years after the murder, the police learned that Koskela had
confessed to three witnesses that he had entered the victim’s apartment through a balcony
and murdered her. Id. at 627–28. He told two of these witnesses that he had planned to
rob the victim. Id. at 628. Following his arrest, Koskela confessed to the police. Id.
at 627–28. During that confession, he told the police that he did not enter the apartment to
burglarize or rob the victim. Id. at 628.
Based on his confessions and other evidence, Koskela was charged with first-degree
felony murder and first-degree burglary. See id. at 626. A jury found him guilty of both
offenses. Id. at 626, 629. On appeal to this court, Koskela argued that the evidence was
insufficient to establish that he committed a first-degree burglary because there was no
19 evidence of his specific intent to burglarize the victim other than his confessions to the
two witnesses. Id. at 629. We cited the corpus delicti statute, observing that a
defendant’s confession “is not sufficient to sustain a conviction without evidence that the
offense charged has been committed.” Id. (citing Minn. Stat. § 634.03). And citing a
sufficiency-of-the-evidence case, we stated, “In a burglary case, this court has held that it
is not necessary for the state to prove that anything actually was taken from the premises
in order to meet its burden of proof—the critical point is the defendant’s intentions.” Id.
(citing State v. Hall, 176 N.W.2d 254, 258 (Minn. 1970)). We then concluded that there
was sufficient “corroborative evidence” for the jury “to determine that [Koskela] had the
intent to commit burglary when he entered the victim’s apartment.” Id. The court noted
that Koskela had confessed his intent to rob the victim to two witnesses and that the
circumstances of the offense “could lead a jury to reasonably conclude that [Koskela]
entered the dwelling with the intent to commit burglary.” Id.
We disagree with Hill that our decision in Koskela announced a requirement for
independent evidence of a confessing defendant’s intent to commit a charged offense. The
decision does not explicitly adopt this requirement. And we are unable to glean any such
requirement from our analysis in Koskela. Although we referenced the corpus delicti
statute, the issue before the court was Koskela’s claim “that the state failed to prove beyond
a reasonable doubt the elements of burglary in the first degree.” Id. Moreover, in
determining that there was sufficient “corroborative evidence” of Koskela’s intent, we
relied, in part, on his confessions that he intended to burglarize the victim. Id. We went
on to determine that the State presented sufficient evidence to prove beyond a reasonable
20 doubt that Koskela committed a first-degree burglary. Id. Given our analysis in Koskela,
we cannot conclude that the decision requires independent evidence of intent to establish
the corpus delicti for an offense.
Although the corpus delicti statute does not require independent evidence of every
element of an offense, we emphasize that confessing defendants are entitled to the
additional protection of due process under the federal and state constitutions. “Due process
requires that the State bear the burden of proving beyond a reasonable doubt every element
of a charged offense in a criminal trial.” State v. Pakhnyuk, 926 N.W.2d 914, 919
(Minn. 2019). This constitutional requirement ensures that convictions are based on
sufficient evidence of each element of a crime.
As to the evidence required to satisfy our corpus delicti statute, however, we instruct
courts to apply the standard we established in Holl: the independent evidence must
“reasonably tend[] to prove that the specific crime charged in the complaint actually
occurred.” Holl, 966 N.W.2d at 814. The State need not corroborate each individual
element of the underlying offense, and circumstantial evidence can be sufficient to
corroborate a defendant’s confession. Id.
II.
With this rule in mind, we now consider whether the evidence independent of Hill’s
confession was sufficient to satisfy the corpus delicti statute for attempted first-degree
criminal sexual conduct.
21 We initially address the court of appeals’ concern that the State’s evidence did not
satisfy the corpus delicti for attempted first-degree criminal sexual conduct because there
was no independent evidence of Hill’s intent to sexually penetrate C.L. during the
encounter. Citing some of our sufficiency-of-the-evidence cases, the court of appeals
focused on the lack of independent evidence of a sexual nature. Hill, 10 N.W.3d at 327.
For example, the court of appeals observed that in State v. Wallace, 558 N.W.2d 469, 473
(Minn. 1997), we affirmed the defendant’s conviction for attempted second-degree
criminal sexual conduct where the defendant “unbuckled and began to remove the belt on
his pants,” in addition to other evidence. Hill, 10 N.W.3d at 327. And in State v. Welch,
675 N.W.2d 615, 617–20 (Minn. 2004), we affirmed the defendant’s attempted criminal
sexual conduct conviction based on evidence that the defendant made statements to the
victim with a “discernable sexual overtone” and other-acts evidence showing that the
defendant had engaged in similar sexual assaults in the past. Hill, 10 N.W.3d at 327.
(internal quotation marks omitted). The court of appeals recognized that these cases, which
evaluated the sufficiency of the evidence, required the State’s evidence to meet the higher
burden of proof beyond a reasonable doubt. Hill, 10 N.W.3d at 327. But the court of
appeals used these decisions to highlight the lack of similar evidence in Hill’s case. Id.
We disagree that such evidence is necessarily required to establish the corpus delicti
for an attempted criminal sexual conduct offense. In considering the sufficiency of the
evidence underlying an attempted criminal sexual conduct conviction, we have observed
that “[w]hat is sufficient in one case might not be sufficient in another.” State v. Degroot,
946 N.W.2d 354, 363 (Minn. 2020). For this reason, we have determined that “no definite
22 rule, applicable to all cases, can be laid down as to what constitutes an [attempt] within the
meaning of our statute.” Id. (alteration in original) (citation omitted) (internal quotation
marks omitted). Instead, “[e]ach case must depend largely upon its particular facts and the
inferences which the jury may reasonably draw therefrom.” Id. (citation omitted) (internal
quotation marks omitted). In the context of the corpus delicti statute, which imposes a
lesser burden than the due process requirement for proof beyond a reasonable doubt, we
similarly reject any formulaic approach to deciding whether the independent evidence
reasonably tends to prove the commission of the specific crime charged.
We now apply our Holl rule to the State’s evidence in this case. The State’s
evidence was as follows: Before the date of the offense, Hill made multiple visits to the
apartment building where C.L. was employed. On the day of the attack, Hill went to the
apartment building with a knife. Hill asked C.L. to show him a vacant apartment. Once
they entered a vacant apartment, Hill inquired about the bathroom, which C.L. construed
as an attempt to get her into the confined space of that room. When C.L. did not enter the
bathroom, Hill shoved her into a closet. He leaned over C.L. and choked her as C.L.
attempted to fight back. M.K. tried to enter the apartment in response to C.L.’s screams,
but she was unable to open the door. C.L. knew that she had not locked the door behind
her. After the incident, C.L.’s neck was red and bruised, and she felt pain in her neck and
body.
The State’s evidence reasonably tends to prove that Hill committed the offense of
attempted first-degree criminal sexual conduct causing personal injury using force or
coercion. It is reasonable to infer from the evidence—which shows that Hill went to the
23 apartment building armed with a knife, persuaded C.L. to take him to a vacant apartment,
locked the door, knocked C.L. to the ground, loomed over C.L. while she was on her back,
and choked C.L.—that Hill intended to sexually penetrate C.L. without consent and took a
substantial step toward committing that offense. Minn. Stat. § 609.17, subd. 1; Minn. Stat.
§ 609.342, subd. 1(e)(i). Thus, the State satisfied its burden of establishing the corpus
delicti for attempted first-degree criminal sexual conduct, as required by section 634.03,
and the court of appeals erred in concluding otherwise. We accordingly reverse the
decision of the court of appeals.
Because the court of appeals reversed Hill’s conviction pursuant to section 634.04,
it did not address the additional issues that Hill raised on appeal. Hill’s counsel raised two
additional issues before the court of appeals, and Hill raised several arguments in a pro se
supplemental brief. Hill, 10 N.W.3d at 320–21. When we reverse a court of appeals
decision and are confronted with questions the court of appeals did not reach, a remand
may be appropriate. See Dupey v. State, 868 N.W.2d 36, 41 (Minn. 2015); State v. Ross,
732 N.W.2d 274, 276 n.3 (Minn. 2007). We determine that a remand to the court of appeals
to address the additional issues raised by Hill is appropriate. Therefore, we remand to the
court of appeals to consider those remaining issues.
CONCLUSION
For the foregoing reasons, we reverse the decision of the court of appeals and
remand to the court of appeals for further proceedings consistent with this opinion.