1.1 	A bill for an act
1.2 	relating to public safety; prohibiting sexual relations between school employees 
1.3 	in positions of authority and students;amending Minnesota Statutes 2006, 
1.4 	section 609.341, by adding a subdivision; Minnesota Statutes 2007 Supplement, 
1.5 	sections 609.344, subdivision 1; 609.345, subdivision 1.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 609.341, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 23.Secondary school. For the purposes of sections 609.344 and 609.345, 
1.10 	"secondary school" means any school with a building, equipment, courses of study, class 
1.11 	schedules, enrollment of pupils in grades 7 through 12, or any portion thereof, and staff 
1.12 	meeting the standards established by the commissioner of education, including public 
1.13 	schools, private schools, alternative learning centers, schools having classes which are 
1.14 	held off-campus or school grounds, including but not limited to universities, colleges, 
1.15 	vocational or technical colleges, or other postsecondary educational institutions, and 
1.16 	home-schooled pupils up to and until graduation and the issuance of a secondary or high 
1.17 	school diploma.

1.18 	EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes 
1.19 	committed on or after that date.

1.20 	Sec. 2. Minnesota Statutes 2007 Supplement, section 609.344, subdivision 1, is 
1.21 	amended to read:
2.1 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
2.2 	another person is guilty of criminal sexual conduct in the third degree if any of the 
2.3 	following circumstances exists:
2.4 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
2.5 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
2.6 	act by the complainant shall be a defense;
2.7 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
2.8 	than 24 months older than the complainant. In any such case if the actor is no more 
2.9 	than 120 months older than the complainant, it shall be an affirmative defense, which 
2.10 	must be proved by a preponderance of the evidence, that the actor reasonably believes 
2.11 	the complainant to be 16 years of age or older. In all other cases, mistake as to the 
2.12 	complainant's age shall not be a defense. If the actor in such a case is no more than 48 
2.13 	months but more than 24 months older than the complainant, the actor may be sentenced 
2.14 	to imprisonment for not more than five years. Consent by the complainant is not a defense;
2.15 	(c) the actor uses force or coercion to accomplish the penetration;
2.16 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
2.17 	mentally incapacitated, or physically helpless;
2.18 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
2.19 	more than 48 months older than the complainant and in a position of authority over the 
2.20 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
2.21 	complainant is a defense;
2.22 	(f) the actor has a significant relationship to the complainant and the complainant 
2.23 	was at least 16 but under 18 years of age at the time of the sexual penetration. Neither 
2.24 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
2.25 	(g) the actor has a significant relationship to the complainant, the complainant was at 
2.26 	least 16 but under 18 years of age at the time of the sexual penetration, and:
2.27 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
2.28 	(ii) the complainant suffered personal injury; or
2.29 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
2.30 	time.
2.31 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
2.32 	is a defense;
2.33 	(h) the actor is a psychotherapist and the complainant is a patient of the 
2.34 	psychotherapist and the sexual penetration occurred:
2.35 	(i) during the psychotherapy session; or
3.1 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
3.2 	relationship exists.
3.3 	Consent by the complainant is not a defense;
3.4 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
3.5 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
3.6 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
3.7 	and the sexual penetration occurred by means of therapeutic deception. Consent by the 
3.8 	complainant is not a defense;
3.9 	(k) the actor accomplishes the sexual penetration by means of deception or false 
3.10 	representation that the penetration is for a bona fide medical purpose. Consent by the 
3.11 	complainant is not a defense;
3.12 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
3.13 	married to the actor, and:
3.14 	(i) the sexual penetration occurred during the course of a meeting in which the 
3.15 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
3.16 	actor in private; or
3.17 	(ii) the sexual penetration occurred during a period of time in which the complainant 
3.18 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
3.19 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
3.20 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
3.21 	city, or privately operated adult or juvenile correctional system, including, but not limited 
3.22 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
3.23 	a resident of a facility or under supervision of the correctional system. Consent by the 
3.24 	complainant is not a defense; 
3.25 	(n) the actor provides or is an agent of an entity that provides special transportation 
3.26 	service, the complainant used the special transportation service, and the sexual penetration 
3.27 	occurred during or immediately before or after the actor transported the complainant. 
3.28 	Consent by the complainant is not a defense; or
3.29 	(o) the actor performs massage or other bodywork for hire, the complainant was a 
3.30 	user of one of those services, and nonconsensual sexual penetration occurred during or 
3.31 	immediately before or after the actor performed or was hired to perform one of those 
3.32 	services for the complainant.; or
3.33 	(p) the complainant is a pupil under 20 years of age in a secondary school as defined 
3.34 	in section 609.341, subdivision 23, and has not graduated or received a diploma, and the 
3.35 	actor is in a position of authority over the complainant and is employed by, volunteering 
3.36 	for, or contracted with the secondary school.

4.1 	EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes 
4.2 	committed on or after that date.

4.3 	Sec. 3. Minnesota Statutes 2007 Supplement, section 609.345, subdivision 1, is 
4.4 	amended to read:
4.5 		Subdivision 1.Crime defined. A person who engages in sexual contact with 
4.6 	another person is guilty of criminal sexual conduct in the fourth degree if any of the 
4.7 	following circumstances exists:
4.8 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
4.9 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
4.10 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
4.11 	required to prove that the sexual contact was coerced;
4.12 	(b) the complainant is at least 13 but less than 16 years of age and the actor is 
4.13 	more than 48 months older than the complainant or in a position of authority over 
4.14 	the complainant. Consent by the complainant to the act is not a defense. In any such 
4.15 	case, if the actor is no more than 120 months older than the complainant, it shall be an 
4.16 	affirmative defense which must be proved by a preponderance of the evidence that the 
4.17 	actor reasonably believes the complainant to be 16 years of age or older. In all other cases, 
4.18 	mistake as to the complainant's age shall not be a defense;
4.19 	(c) the actor uses force or coercion to accomplish the sexual contact;
4.20 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
4.21 	mentally incapacitated, or physically helpless;
4.22 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
4.23 	more than 48 months older than the complainant and in a position of authority over the 
4.24 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
4.25 	complainant is a defense;
4.26 	(f) the actor has a significant relationship to the complainant and the complainant 
4.27 	was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake 
4.28 	as to the complainant's age nor consent to the act by the complainant is a defense;
4.29 	(g) the actor has a significant relationship to the complainant, the complainant was at 
4.30 	least 16 but under 18 years of age at the time of the sexual contact, and:
4.31 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
4.32 	(ii) the complainant suffered personal injury; or
4.33 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
4.34 	time.
5.1 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
5.2 	is a defense;
5.3 	(h) the actor is a psychotherapist and the complainant is a patient of the 
5.4 	psychotherapist and the sexual contact occurred:
5.5 	(i) during the psychotherapy session; or
5.6 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
5.7 	relationship exists. Consent by the complainant is not a defense;
5.8 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
5.9 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
5.10 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
5.11 	and the sexual contact occurred by means of therapeutic deception. Consent by the 
5.12 	complainant is not a defense;
5.13 	(k) the actor accomplishes the sexual contact by means of deception or false 
5.14 	representation that the contact is for a bona fide medical purpose. Consent by the 
5.15 	complainant is not a defense;
5.16 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
5.17 	married to the actor, and:
5.18 	(i) the sexual contact occurred during the course of a meeting in which the 
5.19 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
5.20 	actor in private; or
5.21 	(ii) the sexual contact occurred during a period of time in which the complainant 
5.22 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
5.23 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
5.24 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
5.25 	city, or privately operated adult or juvenile correctional system, including, but not limited 
5.26 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
5.27 	a resident of a facility or under supervision of the correctional system. Consent by the 
5.28 	complainant is not a defense;
5.29 	(n) the actor provides or is an agent of an entity that provides special transportation 
5.30 	service, the complainant used the special transportation service, the complainant is not 
5.31 	married to the actor, and the sexual contact occurred during or immediately before or after 
5.32 	the actor transported the complainant. Consent by the complainant is not a defense; or
5.33 	(o) the actor performs massage or other bodywork for hire, the complainant was 
5.34 	a user of one of those services, and nonconsensual sexual contact occurred during or 
5.35 	immediately before or after the actor performed or was hired to perform one of those 
5.36 	services for the complainant.; or
6.1 	(p) the complainant is a pupil under 20 years of age in a secondary school as defined 
6.2 	in section 609.341, subdivision 23, and has not graduated or received a diploma, and the 
6.3 	actor is in a position of authority over the complainant and is employed by, volunteering 
6.4 	for, or contracted with the secondary school.

6.5 	EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes 
6.6 	committed on or after that date.