HF 3325

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 01:24pm

A bill for an act
relating to public safety; modifying crime of sexual extortion to include the
dissemination of private images when a person's intimate parts are exposed;
providing for notice and education regarding the crime; providing for a report;
amending Minnesota Statutes 2022, section 609.3458; proposing coding for new
law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.033] NOTICE; DISSEMINATION OF PRIVATE IMAGES.
new text end

new text begin (a) A district or school must include in the student handbook on school policies notice
to students and parents or guardians about the legal, social, behavioral, and mental health
implications of and impact to students and student families regarding the dissemination of
private images under section 609.3458, subdivision 1, paragraphs (c) and (d). A district or
school shall consult with the Department of Education, Department of Health, and the
Attorney General's office to implement a policy to educate and notify students and parents
or guardians about the legal, social, behavioral, and mental health implications of and impact
to students for a violation of the law.
new text end

new text begin (b) On or before February 1, 2025, the commissioner of education shall report to the
chairs and ranking minority members of the legislative committees having jurisdiction over
kindergarten through grade 12 education on the policy to educate and to provide notice to
students and parents or guardians about the dissemination of private images under section
609.3458.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.3458, is amended to read:

609.3458 SEXUAL EXTORTION.

Subdivision 1.

Crime defined.

(a) A person who engages in sexual contact with another
person and compels the other person to submit to the contact by making any of the following
threats, directly or indirectly, is guilty of sexual extortion:

(1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;

(2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;

(3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;

(4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;

(5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or

(6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.

(b) A person who engages in sexual penetration with another person and compels the
other person to submit to such penetration by making any of the following threats, directly
or indirectly, is guilty of sexual extortion:

(1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;

(2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;

(3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;

(4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;

(5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or

(6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.

new text begin (c) Except as provided for in paragraphs (a) and (b), a person who intentionally and
maliciously threatens to release, exhibit, or disseminate a private image of another person
in order to compel or attempt to compel that person to do any act or refrain from doing any
act against that person's will, with the intent to obtain additional private images or anything
else of value, is guilty of sexual extortion.
new text end

new text begin (d) A person is guilty of aggravated sexual extortion if the person intentionally and
maliciously threatens to release, exhibit, or disseminate a private image of another person
in order to compel or attempt to compel the other person to do any act or refrain from doing
any act against the other person's will, with the intent to obtain additional private images
or anything else of value and:
new text end

new text begin (1) the victim is a minor or a vulnerable adult and the person convicted of aggravated
sexual extortion is an adult; or
new text end

new text begin (2) the victim suffers great bodily injury or death and the fact finder determines beyond
a reasonable doubt that the aggravated sexual extortion of the victim was the proximate
cause of the great bodily injury or death.
new text end

new text begin (e) For the purposes of paragraphs (c) and (d), "private image" means that a person's
intimate parts are exposed or the person is engaged in sexual conduct in an image as defined
in section 617.261, subdivision 7, paragraph (d).
new text end

Subd. 2.

Penalty.

(a) A person is guilty of a felony and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person violates subdivision 1, paragraph (a).

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates
subdivision 1, paragraph (b).

new text begin (c) A person who violates subdivision 1, paragraph (c), is guilty of a felony and may be
sentenced to imprisonment for:
new text end

new text begin (1) not more than five years for a first offense;
new text end

new text begin (2) not more than ten years for a second offense; or
new text end

new text begin (3) not more than 20 years for a third or subsequent offense.
new text end

new text begin (d) A person who violates subdivision 1, paragraph (d), is guilty of a felony and may be
sentenced to imprisonment for not more than 20 years.
new text end

new text begin (e) A person under 18 years of age who violates subdivision 1, paragraph (c) or (d), is
guilty of a misdemeanor and is subject to the jurisdiction of the juvenile court. The court
may order behavioral health counseling as a condition of the sentence.
new text end

deleted text begin (c) deleted text end new text begin (f) new text end A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

No attempt charge.

Notwithstanding section 609.17, no person may be charged
with or convicted of an attempt to commit a violation of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end