1.1 	A bill for an act
1.2 	relating to crimes; making it a crime to use the Internet to solicit children to 
1.3 	engage in sexual conduct, communicate with children in a sexually explicit 
1.4 	manner, or distribute sexually explicit material to children; providing penalties;
1.5 	amending Minnesota Statutes 2006, section 609.352.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 609.352, is amended to read:
1.8 	609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL 
1.9 	CONDUCT; COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO 
1.10 	CHILDREN.
1.11 		Subdivision 1.Definitions. As used in this section:
1.12 	(a) "child" means a person 15 years of age or younger;
1.13 	(b) "sexual conduct" means sexual contact of the individual's primary genital area, 
1.14 	sexual penetration as defined in section 609.341, or sexual performance as defined in 
1.15 	section 617.246; and 
1.16 	(c) "solicit" means commanding, entreating, or attempting to persuade a specific 
1.17 	person in person, by telephone, by letter, or by computerized or other electronic means.
1.18 		Subd. 2.Prohibited act. A person 18 years of age or older who solicits a child or 
1.19 	someone the person reasonably believes is a child to engage in sexual conduct with intent 
1.20 	to engage in sexual conduct is guilty of a felony and may be sentenced to imprisonment 
1.21 	for not more than three years, or to payment of a fine of not more than $5,000, or both as 
1.22 	provided in subdivision 4.
1.23 		Subd. 2a.Internet or computer solicitation of children. A person 18 years of 
1.24 	age or older who uses the Internet or a computer, computer program, computer network, 
2.1 	or computer system to commit any of the following acts, with the intent to arouse the 
2.2 	sexual desire of any person, is guilty of a felony and may be sentenced as provided in 
2.3 	subdivision 4:
2.4 	(1) soliciting a child or someone the person reasonably believes is a child to engage 
2.5 	in sexual conduct;
2.6 	(2) engaging in communication relating to or describing sexual conduct with a child 
2.7 	or someone the person reasonably believes is a child; or
2.8 	(3) distributing any material, language, or communication, including a photographic 
2.9 	or video image, that relates to or describes sexual conduct to a child or someone the 
2.10 	person reasonably believes is a child.
2.11 		Subd. 2b.Jurisdiction. A person may be convicted of an offense under subdivision 
2.12 	2a if the transmission that constitutes the offense either originates within this state or is 
2.13 	received within this state.
2.14 		Subd. 3.Defenses. (a) Mistake as to age is not a defense to a prosecution under 
2.15 	this section.
2.16 	(b) The fact that an undercover operative or law enforcement officer was involved 
2.17 	in the detection or investigation of an offense under this section does not constitute a 
2.18 	defense to a prosecution under this section.
2.19 		Subd. 4.Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony 
2.20 	and may be sentenced to imprisonment for not more than three years, or to payment of 
2.21 	a fine of not more than $5,000, or both.

2.22 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
2.23 	committed on or after that date.