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HF 4384

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7
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A bill for an act
relating to civil actions; authorizing a civil cause of action for the nonconsensual
removal of a condom; providing penalties; proposing coding for new law in
Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.32] CAUSE OF ACTION; NONCONSENSUAL REMOVAL OF A
CONDOM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Condom" means a thin sheath worn on a person's penis during a sexual act as a
contraceptive or as a protection against infection.
new text end

new text begin (c) "Intimate part" means the sexual organ, anus, groin, or buttocks of any person, or
the breast of a female.
new text end

new text begin (d) "Sexual battery" means an act that causes contact between a sexual organ, from
which a condom has been removed, and the intimate part of another who did not verbally
consent to the removal of the condom.
new text end

new text begin Subd. 2. new text end

new text begin Civil action; damages. new text end

new text begin (a) A person who commits a sexual battery upon another
is liable to that person for damages, including but not limited to general damages, special
damages, and punitive damages.
new text end

new text begin (b) In addition to the damages under paragraph (a), the court may award the following
damages to a prevailing plaintiff from a person found liable under this section:
new text end

new text begin (1) a civil penalty of an amount up to $10,000;
new text end

new text begin (2) equitable relief, including an injunction, costs, and any other relief the court deems
appropriate; and
new text end

new text begin (3) reasonable attorney fees.
new text end

new text begin (c) The rights and remedies provided in this section are in addition to any other rights
and remedies provided by law.
new text end

new text begin Subd. 3. new text end

new text begin Confidentiality. new text end

new text begin The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to causes
of action accruing on or after that date.
new text end