1.1                          A bill for an act 
  1.2             relating to crimes; defining "identifiable minor" for 
  1.3             purposes of the law prohibiting use of minors in 
  1.4             sexual performances; amending Minnesota Statutes 2002, 
  1.5             section 617.246, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 617.246, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) For the purpose of this 
  1.10  section, the terms defined in this subdivision have the meanings 
  1.11  given them. 
  1.12     (b) "Minor" means any person under the age of 18. 
  1.13     (c) "Promote" means to produce, direct, publish, 
  1.14  manufacture, issue, or advertise. 
  1.15     (d) "Sexual performance" means any play, dance or other 
  1.16  exhibition presented before an audience or for purposes of 
  1.17  visual or mechanical reproduction that uses a minor to depict 
  1.18  actual or simulated sexual conduct as defined by clause (e). 
  1.19     (e) "Sexual conduct" means any of the following: 
  1.20     (1) an act of sexual intercourse, normal or perverted, 
  1.21  including genital-genital, anal-genital, or oral-genital 
  1.22  intercourse, whether between human beings or between a human 
  1.23  being and an animal; 
  1.24     (2) sadomasochistic abuse, meaning flagellation, torture, 
  1.25  or similar demeaning acts inflicted by or upon a person who is 
  2.1   nude or clad in undergarments or in a revealing costume, or the 
  2.2   condition of being fettered, bound or otherwise physically 
  2.3   restrained on the part of one so clothed; 
  2.4      (3) masturbation; 
  2.5      (4) lewd exhibitions of the genitals; or 
  2.6      (5) physical contact with the clothed or unclothed pubic 
  2.7   areas or buttocks of a human male or female, or the breasts of 
  2.8   the female, whether alone or between members of the same or 
  2.9   opposite sex or between humans and animals in an act of apparent 
  2.10  sexual stimulation or gratification. 
  2.11     (f) "Pornographic work" means: 
  2.12     (1) an original or reproduction of a picture, film, 
  2.13  photograph, negative, slide, videotape, videodisc, or drawing of 
  2.14  a sexual performance involving a an identifiable minor; or 
  2.15     (2) any visual depiction, including any photograph, film, 
  2.16  video, picture, drawing, negative, slide, or computer-generated 
  2.17  image or picture, whether made or produced by electronic, 
  2.18  mechanical, or other means that: 
  2.19     (i) uses a an identifiable minor to depict actual or 
  2.20  simulated sexual conduct; 
  2.21     (ii) has been created, adapted, or modified to appear that 
  2.22  an identifiable minor is engaging in sexual conduct; or 
  2.23     (iii) is advertised, promoted, presented, described, or 
  2.24  distributed in such a manner that conveys the impression that 
  2.25  the material is or contains a visual depiction of a minor 
  2.26  engaging in sexual conduct.  
  2.27     (g) For the purposes of this paragraph chapter, an "
  2.28  identifiable minor" is a person who was a minor at the time the 
  2.29  depiction was created or altered, whose image is used to create 
  2.30  the visual depiction.  The definition of identifiable minor must 
  2.31  not be construed to require proof of the actual identity of the 
  2.32  identifiable minor.