HF 2829

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; increasing penalties for certain child pornography
offenses; directing the sentencing guidelines commission to rank dissemination
and possession of child pornography on the offense severity reference table;
amending Minnesota Statutes 2004, section 617.247, subdivisions 2, 3, 4.

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

Section 1.

Minnesota Statutes 2004, section 617.247, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given them:

(a) "Pornographic work" has the meaning given to it in section 617.246.

(b) "Sexual conduct" has the meaning given to it in section 617.246.

new text begin (c) "Position of authority" means a paid or unpaid position that carries the duty
and responsibility of providing for the health, welfare, or supervision of a child who is
not related to the position holder.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 617.247, subdivision 3, is amended to read:

Subd. 3.

Dissemination prohibited.

(a) A person who disseminates pornographic
work to an adult or a minor, knowing or with reason to know its content and character, is
guilty of a felony and may be sentenced to imprisonment for not more than seven years
and a fine of not more than $10,000 for a first offense and for not more than 15 years and a
fine of not more than $20,000 for a second or subsequent offense.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced
to imprisonment for not more than 15 years if the violation occurs when the person is a
registered predatory offender under section 243.166.

new text begin (c) A person who violates paragraph (a) is guilty of a felony and must be sentenced
to imprisonment for not less than five years if the person is in a position of authority with
an organization and uses the resources of the organization to violate paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 617.247, subdivision 4, is amended to read:

Subd. 4.

Possession prohibited.

(a) A person who possesses a pornographic work
or a computer disk or computer or other electronic, magnetic, or optical storage system
or a storage system of any other type, containing a pornographic work, knowing or with
reason to know its content and character, is guilty of a felony and may be sentenced to
imprisonment for not more than five years and a fine of not more than $5,000 for a first
offense and for not more than ten years and a fine of not more than $10,000 for a second
or subsequent offense.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced
to imprisonment for not more than ten years if the violation occurs when the person is a
registered predatory offender under section 243.166.

new text begin (c) A person who violates paragraph (a) is guilty of a felony and must be sentenced
to imprisonment for not less than three years if the person is in a position of authority with
an organization and uses the resources of the organization to violate paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 4. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end

new text begin The Sentencing Guidelines Commission shall modify the sentencing guidelines by
ranking violations of Minnesota Statutes, sections 617.246 (manufacturing and distributing
child pornography) and 617.247, subdivision 3 (dissemination of child pornography),
in severity level IX of the offense severity reference table and ranking violations of
Minnesota Statutes, section 617.247, subdivision 4 (possession of child pornography), in
severity level VIII of the offense severity reference table.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006, and applies to offenders
sentenced on or after that date.
new text end