A 35-year-old Austin man is facing a felony second-degree criminal sexual conduct charge after Albert Lea police say a young girl reported being inappropriately touched by a male guest sleeping in her family's basement. Ma Nae Wah is scheduled to appear in Freeborn County District Court on September 17, 2026, to answer to the charge, which stems from an alleged incident in May.
According to the Albert Lea Tribune, Albert Lea police responded to a suspicious-person report on May 31 in the 800 block of Freeborn Avenue. A caretaker of the family told officers that the victim, who is under 14, reported that a male guest staying in the basement had touched her both on top of and underneath her clothing, according to the criminal complaint cited by the paper. Wah is more than 36 months older than the alleged victim, a detail that carries specific legal weight under state law.
The girl was taken to Mayo Clinic in Rochester for a sexual assault examination, per the Tribune's report. Regional hospitals including Mayo Clinic routinely serve as designated sites for forensic exams and evidence collection across southeastern Minnesota. Samples collected during the exam were sent to the Minnesota Bureau of Criminal Apprehension for analysis, the same state lab that processes DNA evidence from sexual assault exams statewide, with turnaround times generally falling between 30 and 90 days following recent funding increases, per MPR News.
What the Complaint Alleges
Wah reportedly denied having contact with the alleged victim when questioned, according to the Tribune's account of the complaint, but he reportedly consented to providing a DNA sample. The complaint alleges that Wah engaged in inappropriate sexual conduct with a child under 14, though as with any pending case, he has not been convicted and is presumed innocent unless proven otherwise in court.
Because the case was filed by summons rather than an arrest warrant, Wah was not taken into custody and instead was notified to appear in court on a specific date, standard procedure under Minnesota court rules that allows prosecutors discretion in scheduling out-of-custody defendants. It remains an open question what bail or conditional-release terms prosecutors will request at his initial hearing, and whether the defense will contest the DNA analysis once it is completed.
Why the Case Lands in Albert Lea, Not Austin
Although Wah lives in Austin, roughly 20 miles east in neighboring Mower County along Interstate 90, the case falls under Freeborn County District Court because the alleged conduct occurred in Albert Lea. Freeborn County holds jurisdiction over crimes alleged to have happened within its borders, regardless of where a defendant resides. His September 17 hearing will follow standard procedure for felony cases in the county: reading the formal complaint, setting bail or conditional-release terms, and scheduling future pre-trial dates before a Third Judicial District judge.
What the Charge Carries Under Minnesota Law
Second-degree criminal sexual conduct involving a victim under 14, when the actor is more than 36 months older, is a felony under Minnesota Statute § 609.343, subdivision 1(e), carrying a maximum sentence of 25 years in prison and a fine of up to $35,000. Under that same statute, neither a mistake about the victim's age nor the child's consent can serve as a legal defense, and prosecutors are not required to prove force or coercion occurred.
If convicted, a defendant would also face a mandatory 10-year period of conditional supervision after completing any prison term, and would be required to register as a predatory offender for a minimum of 10 years under state law, maintaining updated address, vehicle, and employment records with law enforcement. Those consequences remain contingent on the outcome of proceedings that have only just begun.
This case adds to a string of child sexual abuse prosecutions Hoodline has tracked across southern Minnesota in recent months, including a separate Austin case that ended in a guilty plea and a similar prosecution in neighboring Olmsted County. Freeborn County has also seen other significant law enforcement activity this year, from a fatal shooting investigation involving the state's Bureau of Criminal Apprehension to a large fentanyl seizure along the I-90 corridor.
