1.1 	A bill for an act
1.2 	relating to public safety; increasing penalties for child pornography offenses; 
1.3 	requiring reports on court-imposed stays of sentence or adjudication for sex 
1.4 	offenses; restricting the grounds that permit reunification of parents and children 
1.5 	after the parent sexually abuses a child; increasing the maximum penalty for certain 
1.6 	invasion of privacy crimes involving minors; requiring predatory offender 
1.7 	registration for certain invasion of privacy crimes involving minors; requiring 
1.8 	collection of information on the connection between pornography and sex 
1.9 	trafficking; expanding the authorized prostitution penalty assessment to include 
1.10 	additional crimes; expanding criminal sexual conduct offenses for persons in 
1.11 	current or recent positions of authority over juveniles and for peace officers who 
1.12 	engage in sexual activity with those in custody; extending the sunset date for the 
1.13 	court technology fund; expanding the list of prior offenses that support a conviction 
1.14 	of first-degree driving while impaired; prohibiting the Department of Human 
1.15 	Rights from using federal funds to expand a program; appropriating and transferring 
1.16 	money;amending Minnesota Statutes 2016, sections 169A.24, subdivision 1; 
1.17 	243.166, subdivision 1b; 260.012; 299A.785, subdivision 1; 357.021, subdivision 
1.18 	2b; 609.3241; 609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 
1.19 	1; 609.344, subdivision 1; 609.345, subdivision 1; 609.746, subdivision 1; 617.246, 
1.20 	subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9; proposing coding for new 
1.21 	law in Minnesota Statutes, chapter 609.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	Section 1. Minnesota Statutes 2016, section 169A.24, subdivision 1, is amended to read:
1.24 		Subdivision 1.Degree described. A person who violates section 169A.20 (driving while 
1.25 	impaired) is guilty of first-degree driving while impaired if the person:
1.26 	(1) commits the violation within ten years of the first of three or more qualified prior 
1.27 	impaired driving incidents;
1.28 	(2) has previously been convicted of a felony under this section; or
1.29 	(3) has previously been convicted of a felony under:
2.1 	(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, 
2.2 	substance-related offenses), subdivision 1, clauses (2) to (6);
2.3 	(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, 
2.4 	substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to 
2.5 	(6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, 
2.6 	clauses (2) to (6); or
2.7 	(iii) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses 
2.8 	(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, 
2.9 	subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6).; or
2.10 	(iv) a statute from this state or another state in conformity with any provision listed in 
2.11 	item (i), (ii), or (iii).

2.12 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to violations 
2.13 	committed on or after that date.

2.14 	Sec. 2. Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:
2.15 		Subd. 1b.Registration required. (a) A person shall register under this section if:
2.16 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
2.17 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
2.18 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
2.19 	of circumstances:
2.20 	(i) murder under section 609.185, paragraph (a), clause (2);
2.21 	(ii) kidnapping under section 609.25;
2.22 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, 
2.23 	subdivision 3; or 609.3453; or
2.24 	(iv) indecent exposure under section 617.23, subdivision 3; or
2.25 	(v) surreptitious intrusion under the circumstances described in section 609.746, 
2.26 	subdivision 1, paragraph (f);
2.27 	(2) the person was charged with or petitioned for a violation of, or attempt to violate, or 
2.28 	aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325, 
2.29 	subdivision 1, paragraph (b); false imprisonment in violation of section 609.255, subdivision 
2.30 	2; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the 
2.31 	sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation 
3.1 	of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual 
3.2 	conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a 
3.3 	sexual performance in violation of section 617.246; or possessing pornographic work 
3.4 	involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent 
3.5 	for that offense or another offense arising out of the same set of circumstances;
3.6 	(3) the person was sentenced as a patterned sex offender under section 609.3455, 
3.7 	subdivision 3a; or
3.8 	(4) the person was charged with or petitioned for, including pursuant to a court martial, 
3.9 	violating a law of the United States, including the Uniform Code of Military Justice, similar 
3.10 	to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent 
3.11 	for that offense or another offense arising out of the same set of circumstances.
3.12 	(b) A person also shall register under this section if:
3.13 	(1) the person was charged with or petitioned for an offense in another state that would 
3.14 	be a violation of a law described in paragraph (a) if committed in this state and convicted 
3.15 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
3.16 	of circumstances;
3.17 	(2) the person enters this state to reside, work, or attend school, or enters this state and 
3.18 	remains for 14 days or longer; and
3.19 	(3) ten years have not elapsed since the person was released from confinement or, if the 
3.20 	person was not confined, since the person was convicted of or adjudicated delinquent for 
3.21 	the offense that triggers registration, unless the person is subject to a longer registration 
3.22 	period under the laws of another state in which the person has been convicted or adjudicated, 
3.23 	or is subject to lifetime registration.
3.24 	If a person described in this paragraph is subject to a longer registration period in another 
3.25 	state or is subject to lifetime registration, the person shall register for that time period 
3.26 	regardless of when the person was released from confinement, convicted, or adjudicated 
3.27 	delinquent.
3.28 	(c) A person also shall register under this section if the person was committed pursuant 
3.29 	to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 
3.30 	253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the 
3.31 	United States, regardless of whether the person was convicted of any offense.
3.32 	(d) A person also shall register under this section if:
4.1 	(1) the person was charged with or petitioned for a felony violation or attempt to violate 
4.2 	any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or 
4.3 	the United States, or the person was charged with or petitioned for a violation of any of the 
4.4 	offenses listed in paragraph (a), clause (2), or a similar law of another state or the United 
4.5 	States;
4.6 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
4.7 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
4.8 	states with a guilty but mentally ill verdict; and
4.9 	(3) the person was committed pursuant to a court commitment order under section 
4.10 	253B.18 or a similar law of another state or the United States.

4.11 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
4.12 	committed on or after that date.

4.13 	Sec. 3. Minnesota Statutes 2016, section 260.012, is amended to read:
4.14 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
4.15 	REUNIFICATION; REASONABLE EFFORTS.
4.16 	(a) Once a child alleged to be in need of protection or services is under the court's 
4.17 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
4.18 	services, by the social services agency are made to prevent placement or to eliminate the 
4.19 	need for removal and to reunite the child with the child's family at the earliest possible time, 
4.20 	and the court must ensure that the responsible social services agency makes reasonable 
4.21 	efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). 
4.22 	In determining reasonable efforts to be made with respect to a child and in making those 
4.23 	reasonable efforts, the child's best interests, health, and safety must be of paramount concern. 
4.24 	Reasonable efforts to prevent placement and for rehabilitation and reunification are always 
4.25 	required except upon a determination by the court that a petition has been filed stating a 
4.26 	prima facie case that:
4.27 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
4.28 	subdivision 14;
4.29 	(2) the parental rights of the parent to another child have been terminated involuntarily;
4.30 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
4.31 	(a), clause (2);
5.1 	(4) the parent's custodial rights to another child have been involuntarily transferred to a 
5.2 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), 
5.3 	clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
5.4 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2, 
5.5 	against the child or another child of the parent;
5.6 	(6) the parent has committed an offense that requires registration as a predatory offender 
5.7 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
5.8 	(7) the provision of services or further services for the purpose of reunification is futile 
5.9 	and therefore unreasonable under the circumstances.
5.10 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
5.11 	either permanency pleadings under section 260C.505, or a termination of parental rights 
5.12 	petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under 
5.13 	sections 260C.503 to 260C.521 must be held within 30 days of this determination.
5.14 	(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, 
5.15 	260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court 
5.16 	must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, 
5.17 	United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In 
5.18 	cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 
5.19 	1901, the responsible social services agency must provide active efforts as required under 
5.20 	United States Code, title 25, section 1911(d).
5.21 	(d) "Reasonable efforts to prevent placement" means:
5.22 	(1) the agency has made reasonable efforts to prevent the placement of the child in foster 
5.23 	care by working with the family to develop and implement a safety plan; or
5.24 	(2) given the particular circumstances of the child and family at the time of the child's 
5.25 	removal, there are no services or efforts available which could allow the child to safely 
5.26 	remain in the home.
5.27 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence 
5.28 	by the responsible social services agency to:
5.29 	(1) reunify the child with the parent or guardian from whom the child was removed;
5.30 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
5.31 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
5.32 	provide the care, as required by section 260C.219;
6.1 	(3) conduct a relative search to identify and provide notice to adult relatives as required 
6.2 	under section 260C.221;
6.3 	(4) place siblings removed from their home in the same home for foster care or adoption, 
6.4 	or transfer permanent legal and physical custody to a relative. Visitation between siblings 
6.5 	who are not in the same foster care, adoption, or custodial placement or facility shall be 
6.6 	consistent with section 260C.212, subdivision 2; and
6.7 	(5) when the child cannot return to the parent or guardian from whom the child was 
6.8 	removed, to plan for and finalize a safe and legally permanent alternative home for the child, 
6.9 	and considers permanent alternative homes for the child inside or outside of the state, 
6.10 	preferably through adoption or transfer of permanent legal and physical custody of the child.
6.11 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
6.12 	social services agency to use culturally appropriate and available services to meet the needs 
6.13 	of the child and the child's family. Services may include those provided by the responsible 
6.14 	social services agency and other culturally appropriate services available in the community. 
6.15 	At each stage of the proceedings where the court is required to review the appropriateness 
6.16 	of the responsible social services agency's reasonable efforts as described in paragraphs (a), 
6.17 	(d), and (e), the social services agency has the burden of demonstrating that:
6.18 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
6.19 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
6.20 	the child's home and to reunify the child with the child's family at the earliest possible time;
6.21 	(3) it has made reasonable efforts to finalize an alternative permanent home for the child, 
6.22 	and considers permanent alternative homes for the child inside or outside of the state; or
6.23 	(4) reasonable efforts to prevent placement and to reunify the child with the parent or 
6.24 	guardian are not required. The agency may meet this burden by stating facts in a sworn 
6.25 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
6.26 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
6.27 	efforts to reunify the parent and child, or through testimony or a certified report required 
6.28 	under juvenile court rules.
6.29 	(g) Once the court determines that reasonable efforts for reunification are not required 
6.30 	because the court has made one of the prima facie determinations under paragraph (a), the 
6.31 	court may only require reasonable efforts for reunification after a hearing according to 
6.32 	section 260C.163, where the court finds there is not clear and convincing evidence of the 
6.33 	facts upon which the court based its prima facie determination. In this case when there is 
7.1 	clear and convincing evidence that the child is in need of protection or services, the court 
7.2 	may find the child in need of protection or services and order any of the dispositions available 
7.3 	under section 260C.201, subdivision 1. Reunification of a child with a parent is not required 
7.4 	if the parent has been convicted of:
7.5 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
7.6 	to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
7.7 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
7.8 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
7.9 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
7.10 	(4) committing an offense that constitutes sexual abuse as defined in section 626.556, 
7.11 	subdivision 2, against the child or another child of the parent; or
7.12 	(5) an offense that requires registration as a predatory offender under section 243.166, 
7.13 	subdivision 1b, paragraph (a) or (b).
7.14 	Reunification is also not required when a parent receives a stay of adjudication pursuant to 
7.15 	section 609.095, paragraph (b), for an offense that constitutes sexual abuse under clause 
7.16 	(4).
7.17 	(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201, 
7.18 	260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and 
7.19 	conclusions as to the provision of reasonable efforts. When determining whether reasonable 
7.20 	efforts have been made, the court shall consider whether services to the child and family 
7.21 	were:
7.22 	(1) relevant to the safety and protection of the child;
7.23 	(2) adequate to meet the needs of the child and family;
7.24 	(3) culturally appropriate;
7.25 	(4) available and accessible;
7.26 	(5) consistent and timely; and
7.27 	(6) realistic under the circumstances.
7.28 	In the alternative, the court may determine that provision of services or further services 
7.29 	for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances 
7.30 	or that reasonable efforts are not required as provided in paragraph (a).
8.1 	(i) This section does not prevent out-of-home placement for treatment of a child with a 
8.2 	mental disability when it is determined to be medically necessary as a result of the child's 
8.3 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
8.4 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
8.5 	program and the level or intensity of supervision and treatment cannot be effectively and 
8.6 	safely provided in the child's home or community and it is determined that a residential 
8.7 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
8.8 	(j) If continuation of reasonable efforts to prevent placement or reunify the child with 
8.9 	the parent or guardian from whom the child was removed is determined by the court to be 
8.10 	inconsistent with the permanent plan for the child or upon the court making one of the prima 
8.11 	facie determinations under paragraph (a), reasonable efforts must be made to place the child 
8.12 	in a timely manner in a safe and permanent home and to complete whatever steps are 
8.13 	necessary to legally finalize the permanent placement of the child.
8.14 	(k) Reasonable efforts to place a child for adoption or in another permanent placement 
8.15 	may be made concurrently with reasonable efforts to prevent placement or to reunify the 
8.16 	child with the parent or guardian from whom the child was removed. When the responsible 
8.17 	social services agency decides to concurrently make reasonable efforts for both reunification 
8.18 	and permanent placement away from the parent under paragraph (a), the agency shall disclose 
8.19 	its decision and both plans for concurrent reasonable efforts to all parties and the court. 
8.20 	When the agency discloses its decision to proceed on both plans for reunification and 
8.21 	permanent placement away from the parent, the court's review of the agency's reasonable 
8.22 	efforts shall include the agency's efforts under both plans.

8.23 	Sec. 4. Minnesota Statutes 2016, section 299A.785, subdivision 1, is amended to read:
8.24 		Subdivision 1.Information to be collected. The commissioner shall elicit the cooperation 
8.25 	and assistance of government agencies and nongovernmental organizations as appropriate 
8.26 	to assist in the collection of trafficking data. The commissioner shall direct the appropriate 
8.27 	authorities in each agency and organization to make best efforts to collect information 
8.28 	relevant to tracking progress on trafficking. The information to be collected may include, 
8.29 	but is not limited to:
8.30 	(1) the numbers of arrests, prosecutions, and successful convictions of traffickers and 
8.31 	those committing trafficking-related crimes, including, but not limited to, the following 
8.32 	offenses: 609.27 (coercion); 609.282 (labor trafficking); 609.283 (unlawful conduct with 
8.33 	respect to documents in furtherance of labor or sex trafficking); 609.321 (promotion of 
8.34 	prostitution); 609.322 (solicitation of prostitution); 609.324 (other prostitution crimes); 
9.1 	609.33 (disorderly house); 609.352 (solicitation of a child); and617.245 and 617.246 (use 
9.2 	of minors in sexual performance); 617.247 (possession of pornographic work involving 
9.3 	minors); and 617.293 (harmful materials; dissemination and display to minors prohibited);
9.4 	(2) statistics on the number of trafficking victims, including demographics, method of 
9.5 	recruitment, and method of discovery;
9.6 	(3) trafficking routes and patterns, states or country of origin, and transit states or 
9.7 	countries;
9.8 	(4) method of transportation, motor vehicles, aircraft, watercraft, or by foot if any 
9.9 	transportation took place; and
9.10 	(5) social factors, including pornography, that contribute to and foster trafficking, 
9.11 	especially trafficking of women and children.

9.12 	Sec. 5. Minnesota Statutes 2016, section 357.021, subdivision 2b, is amended to read:
9.13 		Subd. 2b.Court technology fund. (a) In addition to any other filing fee under this 
9.14 	chapter, the court administrator shall collect a $2 technology fee on filings made under 
9.15 	subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly to 
9.16 	the commissioner of management and budget for deposit in the court technology account 
9.17 	in the special revenue fund.
9.18 	(b) A court technology account is established as a special account in the state treasury 
9.19 	and funds deposited in the account are appropriated to the Supreme Court for distribution 
9.20 	of technology funds as provided in paragraph (d). Technology funds may be used for the 
9.21 	following purposes: acquisition, development, support, maintenance, and upgrades to 
9.22 	computer systems, equipment and devices, network systems, electronic records, filings and 
9.23 	payment systems, interactive video teleconferencing, and online services, to be used by the 
9.24 	state courts and their justice partners.
9.25 	(c) The Judicial Council may establish a board consisting of members from the judicial 
9.26 	branch, prosecutors, public defenders, corrections, and civil legal services to distribute funds 
9.27 	collected under paragraph (a). The Judicial Council may adopt policies and procedures for 
9.28 	the operation of the board, including but not limited to policies and procedures governing 
9.29 	membership terms, removal of members, and the filling of membership vacancies.
9.30 	(d) Applications for the expenditure of technology funds shall be accepted from the 
9.31 	judicial branch, county and city attorney offices, the Board of Public Defense, qualified 
9.32 	legal services programs as defined under section 480.24, corrections agencies, and part-time 
9.33 	public defender offices. The applications shall be reviewed by the Judicial Council and, if 
10.1 	established, the board. In accordance with any recommendations from the board, the Judicial 
10.2 	Council shall distribute the funds available for this expenditure to selected recipients.
10.3 	(e) By January 15, 20152019, January 15, 2021, January 15, 2023, and by January 15, 
10.4 	20172024, the Judicial Council shall submit a report to the chairs and ranking minority 
10.5 	members of the house of representatives and senate committees with jurisdiction over 
10.6 	judiciary finance providing an accounting on the amounts collected and expended in the 
10.7 	previous biennium, including a list of fund recipients, the amounts awarded to each recipient, 
10.8 	and the technology purpose funded.
10.9 	(f) This subdivision expires June 30, 20182023.

10.10 	EFFECTIVE DATE. This section is effective July 1, 2018.

10.11 	Sec. 6. Minnesota Statutes 2016, section 609.3241, is amended to read:
10.12 	609.3241 PENALTY ASSESSMENT AUTHORIZED.
10.13 	(a) When a court sentences an adult convicted of violating section 609.27, 609.282, 
10.14 	609.283,609.322or,609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting 
10.15 	other than as a prostitute, the court shall impose an assessment of not less than $500 and 
10.16 	not more than $750 for a misdemeanor violation of section 609.27, a violation of section 
10.17 	609.324, subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3, a 
10.18 	violation of section 609.33, or a violation of section 617.293; otherwise the court shall 
10.19 	impose an assessment of not less than $750 and not more than $1,000. The assessment shall 
10.20 	be distributed as provided in paragraph (c) and is in addition to the surcharge required by 
10.21 	section 357.021, subdivision 6.
10.22 	(b) The court may not waive payment of the minimum assessment required by this 
10.23 	section. If the defendant qualifies for the services of a public defender or the court finds on 
10.24 	the record that the convicted person is indigent or that immediate payment of the assessment 
10.25 	would create undue hardship for the convicted person or that person's immediate family, 
10.26 	the court may reduce the amount of the minimum assessment to not less than $100. The 
10.27 	court also may authorize payment of the assessment in installments.
10.28 	(c) The assessment collected under paragraph (a) must be distributed as follows:
10.29 	(1) 40 percent of the assessment shall be forwarded to the political subdivision that 
10.30 	employs the arresting officer for use in enforcement, training, and education activities related 
10.31 	to combating sexual exploitation of youth, or if the arresting officer is an employee of the 
10.32 	state, this portion shall be forwarded to the commissioner of public safety for those purposes 
10.33 	identified in clause (3);
11.1 	(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled 
11.2 	the case for use in training and education activities relating to combating sexual exploitation 
11.3 	activities of youth; and
11.4 	(3) 40 percent of the assessment must be forwarded to the commissioner of health to be 
11.5 	deposited in the safe harbor for youth account in the special revenue fund and are 
11.6 	appropriated to the commissioner for distribution to crime victims services organizations 
11.7 	that provide services to sexually exploited youth, as defined in section 260C.007, subdivision 
11.8 	31.
11.9 	(d) A safe harbor for youth account is established as a special account in the state treasury.

11.10 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
11.11 	committed on or after that date.

11.12 	Sec. 7. Minnesota Statutes 2016, section 609.341, subdivision 10, is amended to read:
11.13 		Subd. 10.Current or recent position of authority. "Current or recent position of 
11.14 	authority" includes but is not limited to any person who is a parent or acting in the place of 
11.15 	a parent and charged with or assumes any of a parent's rights, duties or responsibilities to 
11.16 	a child, or a person who is charged with or assumes any duty or responsibility for the health, 
11.17 	welfare, or supervision of a child, either independently or through another, no matter how 
11.18 	brief, at the time of or within 120 days immediately preceding the act. For the purposes of 
11.19 	subdivision 11, "position of authority" includes a psychotherapist.

11.20 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
11.21 	committed on or after that date.

11.22 	Sec. 8. Minnesota Statutes 2016, section 609.342, subdivision 1, is amended to read:
11.23 		Subdivision 1.Crime defined. A person who engages in sexual penetration with another 
11.24 	person, or in sexual contact with a person under 13 years of age as defined in section 609.341, 
11.25 	subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any 
11.26 	of the following circumstances exists:
11.27 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
11.28 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
11.29 	the complainant is a defense;
11.30 	(b) the complainant is at least 13 years of age but less than 16 years of age and the actor 
11.31 	is more than 48 months older than the complainant and in a current or recent position of 
12.1 	authority over the complainant. Neither mistake as to the complainant's age nor consent to 
12.2 	the act by the complainant is a defense;
12.3 	(c) circumstances existing at the time of the act cause the complainant to have a 
12.4 	reasonable fear of imminent great bodily harm to the complainant or another;
12.5 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
12.6 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
12.7 	or threatens to use the weapon or article to cause the complainant to submit;
12.8 	(e) the actor causes personal injury to the complainant, and either of the following 
12.9 	circumstances exist:
12.10 	(i) the actor uses force or coercion to accomplish sexual penetration; or
12.11 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
12.12 	mentally incapacitated, or physically helpless;
12.13 	(f) the actor is aided or abetted by one or more accomplices within the meaning of section 
12.14 	609.05, and either of the following circumstances exists:
12.15 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
12.16 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
12.17 	in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and 
12.18 	uses or threatens to use the weapon or article to cause the complainant to submit;
12.19 	(g) the actor has a significant relationship to the complainant and the complainant was 
12.20 	under 16 years of age at the time of the sexual penetration. Neither mistake as to the 
12.21 	complainant's age nor consent to the act by the complainant is a defense; or
12.22 	(h) the actor has a significant relationship to the complainant, the complainant was under 
12.23 	16 years of age at the time of the sexual penetration, and:
12.24 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
12.25 	(ii) the complainant suffered personal injury; or
12.26 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
12.27 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
12.28 	a defense.

12.29 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
12.30 	committed on or after that date.

13.1 	Sec. 9. Minnesota Statutes 2016, section 609.343, subdivision 1, is amended to read:
13.2 		Subdivision 1.Crime defined. A person who engages in sexual contact with another 
13.3 	person is guilty of criminal sexual conduct in the second degree if any of the following 
13.4 	circumstances exists:
13.5 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
13.6 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
13.7 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
13.8 	prove that the sexual contact was coerced;
13.9 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
13.10 	48 months older than the complainant and in a current or recent position of authority over 
13.11 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
13.12 	complainant is a defense;
13.13 	(c) circumstances existing at the time of the act cause the complainant to have a 
13.14 	reasonable fear of imminent great bodily harm to the complainant or another;
13.15 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
13.16 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
13.17 	or threatens to use the dangerous weapon to cause the complainant to submit;
13.18 	(e) the actor causes personal injury to the complainant, and either of the following 
13.19 	circumstances exist:
13.20 	(i) the actor uses force or coercion to accomplish the sexual contact; or
13.21 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
13.22 	mentally incapacitated, or physically helpless;
13.23 	(f) the actor is aided or abetted by one or more accomplices within the meaning of section 
13.24 	609.05, and either of the following circumstances exists:
13.25 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
13.26 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
13.27 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
13.28 	uses or threatens to use the weapon or article to cause the complainant to submit;
13.29 	(g) the actor has a significant relationship to the complainant and the complainant was 
13.30 	under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's 
13.31 	age nor consent to the act by the complainant is a defense; or
14.1 	(h) the actor has a significant relationship to the complainant, the complainant was under 
14.2 	16 years of age at the time of the sexual contact, and:
14.3 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
14.4 	(ii) the complainant suffered personal injury; or
14.5 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
14.6 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
14.7 	a defense.

14.8 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
14.9 	committed on or after that date.

14.10 	Sec. 10. Minnesota Statutes 2016, section 609.344, subdivision 1, is amended to read:
14.11 		Subdivision 1.Crime defined. A person who engages in sexual penetration with another 
14.12 	person is guilty of criminal sexual conduct in the third degree if any of the following 
14.13 	circumstances exists:
14.14 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
14.15 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
14.16 	act by the complainant shall be a defense;
14.17 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
14.18 	24 months older than the complainant. In any such case if the actor is no more than 120 
14.19 	months older than the complainant, it shall be an affirmative defense, which must be proved 
14.20 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
14.21 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
14.22 	be a defense. Consent by the complainant is not a defense;
14.23 	(c) the actor uses force or coercion to accomplish the penetration;
14.24 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
14.25 	mentally incapacitated, or physically helpless;
14.26 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
14.27 	48 months older than the complainant and in a current or recent position of authority over 
14.28 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
14.29 	complainant is a defense;
15.1 	(f) the actor has a significant relationship to the complainant and the complainant was 
15.2 	at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake 
15.3 	as to the complainant's age nor consent to the act by the complainant is a defense;
15.4 	(g) the actor has a significant relationship to the complainant, the complainant was at 
15.5 	least 16 but under 18 years of age at the time of the sexual penetration, and:
15.6 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
15.7 	(ii) the complainant suffered personal injury; or
15.8 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
15.9 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
15.10 	a defense;
15.11 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
15.12 	and the sexual penetration occurred:
15.13 	(i) during the psychotherapy session; or
15.14 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
15.15 	exists.
15.16 	Consent by the complainant is not a defense;
15.17 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
15.18 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
15.19 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
15.20 	the sexual penetration occurred by means of therapeutic deception. Consent by the 
15.21 	complainant is not a defense;
15.22 	(k) the actor accomplishes the sexual penetration by means of deception or false 
15.23 	representation that the penetration is for a bona fide medical purpose. Consent by the 
15.24 	complainant is not a defense;
15.25 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
15.26 	to the actor, and:
15.27 	(i) the sexual penetration occurred during the course of a meeting in which the 
15.28 	complainant sought or received religious or spiritual advice, aid, or comfort from the actor 
15.29 	in private; or
16.1 	(ii) the sexual penetration occurred during a period of time in which the complainant 
16.2 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
16.3 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
16.4 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
16.5 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
16.6 	or treatment facility providing services to clients civilly committed as mentally ill and 
16.7 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
16.8 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
16.9 	is a resident of a facility or under supervision of the correctional system. Consent by the 
16.10 	complainant is not a defense;
16.11 	(n) the actor provides or is an agent of an entity that provides special transportation 
16.12 	service, the complainant used the special transportation service, and the sexual penetration 
16.13 	occurred during or immediately before or after the actor transported the complainant. Consent 
16.14 	by the complainant is not a defense; or
16.15 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
16.16 	of one of those services, and nonconsensual sexual penetration occurred during or 
16.17 	immediately before or after the actor performed or was hired to perform one of those services 
16.18 	for the complainant; or
16.19 	(p) the actor is a peace officer, as defined in section 626.84, and the complainant is in 
16.20 	custody or is being questioned in relation to a criminal offense. Consent by the complainant 
16.21 	is not a defense.

16.22 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
16.23 	committed on or after that date.

16.24 	Sec. 11. Minnesota Statutes 2016, section 609.345, subdivision 1, is amended to read:
16.25 		Subdivision 1.Crime defined. A person who engages in sexual contact with another 
16.26 	person is guilty of criminal sexual conduct in the fourth degree if any of the following 
16.27 	circumstances exists:
16.28 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
16.29 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
16.30 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
16.31 	required to prove that the sexual contact was coerced;
16.32 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
16.33 	48 months older than the complainant or in a current or recent position of authority over 
17.1 	the complainant. Consent by the complainant to the act is not a defense. In any such case, 
17.2 	if the actor is no more than 120 months older than the complainant, it shall be an affirmative 
17.3 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
17.4 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
17.5 	complainant's age shall not be a defense;
17.6 	(c) the actor uses force or coercion to accomplish the sexual contact;
17.7 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
17.8 	mentally incapacitated, or physically helpless;
17.9 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
17.10 	48 months older than the complainant and in a current or recent position of authority over 
17.11 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
17.12 	complainant is a defense;
17.13 	(f) the actor has a significant relationship to the complainant and the complainant was 
17.14 	at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to 
17.15 	the complainant's age nor consent to the act by the complainant is a defense;
17.16 	(g) the actor has a significant relationship to the complainant, the complainant was at 
17.17 	least 16 but under 18 years of age at the time of the sexual contact, and:
17.18 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
17.19 	(ii) the complainant suffered personal injury; or
17.20 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
17.21 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
17.22 	a defense;
17.23 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
17.24 	and the sexual contact occurred:
17.25 	(i) during the psychotherapy session; or
17.26 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
17.27 	exists. Consent by the complainant is not a defense;
17.28 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
17.29 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
18.1 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
18.2 	the sexual contact occurred by means of therapeutic deception. Consent by the complainant 
18.3 	is not a defense;
18.4 	(k) the actor accomplishes the sexual contact by means of deception or false representation 
18.5 	that the contact is for a bona fide medical purpose. Consent by the complainant is not a 
18.6 	defense;
18.7 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
18.8 	to the actor, and:
18.9 	(i) the sexual contact occurred during the course of a meeting in which the complainant 
18.10 	sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
18.11 	(ii) the sexual contact occurred during a period of time in which the complainant was 
18.12 	meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, 
18.13 	aid, or comfort in private. Consent by the complainant is not a defense;
18.14 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
18.15 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
18.16 	or treatment facility providing services to clients civilly committed as mentally ill and 
18.17 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
18.18 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
18.19 	is a resident of a facility or under supervision of the correctional system. Consent by the 
18.20 	complainant is not a defense;
18.21 	(n) the actor provides or is an agent of an entity that provides special transportation 
18.22 	service, the complainant used the special transportation service, the complainant is not 
18.23 	married to the actor, and the sexual contact occurred during or immediately before or after 
18.24 	the actor transported the complainant. Consent by the complainant is not a defense; or
18.25 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
18.26 	of one of those services, and nonconsensual sexual contact occurred during or immediately 
18.27 	before or after the actor performed or was hired to perform one of those services for the 
18.28 	complainant; or
18.29 	(p) the actor is a peace officer, as defined in section 626.84, and the complainant is in 
18.30 	custody or is being questioned in relation to a criminal offense. Consent by the complainant 
18.31 	is not a defense.

18.32 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
18.33 	committed on or after that date.

19.1 	Sec. 12. [609.3454] STAYS OF SENTENCE OR ADJUDICATION; REPORTS 
19.2 	REQUIRED.
19.3 	(a) By January 31 of each year, each county attorney whose office has prosecuted an 
19.4 	offense in the preceding calendar year for which a court has imposed: (1) a stay of imposition 
19.5 	or execution of sentence under section 609.342, subdivision 3; 609.343, subdivision 3; 
19.6 	609.344, subdivision 3; or 609.345, subdivision 3, in a case where the offender faced a 
19.7 	presumptive commitment to prison; or (2) a stay of adjudication of guilt for a violation of 
19.8 	section 243.166; 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453, 
19.9 	shall report to the Minnesota County Attorneys Association the following information on 
19.10 	each offense for which a stay was imposed:
19.11 	(i) general information about the case, including a brief description of the facts and any 
19.12 	relevant information specific to the case's prosecution;
19.13 	(ii) whether the prosecutor objected to or supported the court's decision to impose a stay 
19.14 	and the reasons for that position;
19.15 	(iii) what conditions of probation were imposed by the court on the offender; and
19.16 	(iv) any other information the county attorney deems appropriate.
19.17 	(b) By March 1 of each year, the Minnesota County Attorneys Association shall forward 
19.18 	to the chairs and ranking minority members of the senate and house of representatives 
19.19 	committees having jurisdiction over criminal justice policy a combined report that includes 
19.20 	the reports of each county attorney under paragraph (a).
19.21 	(c) Reports under this section must not identify individuals who are offenders, victims, 
19.22 	or witnesses to an offense.

19.23 	Sec. 13. Minnesota Statutes 2016, section 609.746, subdivision 1, is amended to read:
19.24 		Subdivision 1.Surreptitious intrusion; observation device. (a) A person is guilty of 
19.25 	a gross misdemeanor who:
19.26 	(1) enters upon another's property;
19.27 	(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house 
19.28 	or place of dwelling of another; and
19.29 	(3) does so with intent to intrude upon or interfere with the privacy of a member of the 
19.30 	household.
19.31 	(b) A person is guilty of a gross misdemeanor who:
20.1 	(1) enters upon another's property;
20.2 	(2) surreptitiously installs or uses any device for observing, photographing, recording, 
20.3 	amplifying, or broadcasting sounds or events through the window or any other aperture of 
20.4 	a house or place of dwelling of another; and
20.5 	(3) does so with intent to intrude upon or interfere with the privacy of a member of the 
20.6 	household.
20.7 	(c) A person is guilty of a gross misdemeanor who:
20.8 	(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping 
20.9 	room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place 
20.10 	where a reasonable person would have an expectation of privacy and has exposed or is 
20.11 	likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the 
20.12 	clothing covering the immediate area of the intimate parts; and
20.13 	(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
20.14 	(d) A person is guilty of a gross misdemeanor who:
20.15 	(1) surreptitiously installs or uses any device for observing, photographing, recording, 
20.16 	amplifying, or broadcasting sounds or events through the window or other aperture of a 
20.17 	sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or 
20.18 	other place where a reasonable person would have an expectation of privacy and has exposed 
20.19 	or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or 
20.20 	the clothing covering the immediate area of the intimate parts; and
20.21 	(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
20.22 	(e) A person is guilty of a felony and may be sentenced to imprisonment for not more 
20.23 	than two years or to payment of a fine of not more than $5,000, or both, if the person:
20.24 	(1) violates this subdivision after a previous conviction under this subdivision or section 
20.25 	609.749; or
20.26 	(2) violates this subdivision against a minor under the age of 18, knowing or having 
20.27 	reason to know that the minor is present.
20.28 	(f) A person is guilty of a felony and may be sentenced to imprisonment for not more 
20.29 	than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person 
20.30 	violates paragraph (b) or (d) against a minor victim under the age of 18; (2) the person is 
20.31 	more than 36 months older than the minor victim; (3) the person knows or has reason to 
20.32 	know that the minor victim is present; and (4) the violation is committed with sexual intent.
21.1 	(g) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections 
21.2 	investigators, or to those acting under their direction, while engaged in the performance of 
21.3 	their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility; 
21.4 	or (2) a commercial establishment if the owner of the establishment has posted conspicuous 
21.5 	signs warning that the premises are under surveillance by the owner or the owner's employees.

21.6 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
21.7 	committed on or after that date.

21.8 	Sec. 14. Minnesota Statutes 2016, section 617.246, subdivision 2, is amended to read:
21.9 		Subd. 2.Use of minor. (a) It is unlawful for a person to promote, employ, use or permit 
21.10 	a minor to engage in or assist others to engage minors in posing or modeling alone or with 
21.11 	others in any sexual performance or pornographic work if the person knows or has reason 
21.12 	to know that the conduct intended is a sexual performance or a pornographic work.
21.13 	Any person who violates this subdivisionparagraph is guilty of a felony and may be 
21.14 	sentenced to imprisonment for not more than ten years or to payment of a fine of not more 
21.15 	than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.
21.16 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
21.17 	imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, 
21.18 	or both, if:
21.19 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
21.20 	or section 617.247;
21.21 	(2) the violation occurs when the person is a registered predatory offender under section 
21.22 	243.166; or
21.23 	(3) the violation involved a minor under the age of 13 years.

21.24 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
21.25 	committed on or after that date.

21.26 	Sec. 15. Minnesota Statutes 2016, section 617.246, subdivision 3, is amended to read:
21.27 		Subd. 3.Operation or ownership of business. (a) A person who owns or operates a 
21.28 	business in which a pornographic work, as defined in this section, is disseminated to an 
21.29 	adult or a minor or is reproduced, and who knows the content and character of the 
21.30 	pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced 
22.1 	to imprisonment for not more than ten years, or to payment of a fine of not more than 
22.2 	$20,000 for the first offense and $40,000 for a second or subsequent offense, or both.
22.3 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
22.4 	imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, 
22.5 	or both, if:
22.6 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
22.7 	or section 617.247;
22.8 	(2) the violation occurs when the person is a registered predatory offender under section 
22.9 	243.166; or
22.10 	(3) the violation involved a minor under the age of 13 years.

22.11 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
22.12 	committed on or after that date.

22.13 	Sec. 16. Minnesota Statutes 2016, section 617.246, subdivision 4, is amended to read:
22.14 		Subd. 4.Dissemination. (a) A person who, knowing or with reason to know its content 
22.15 	and character, disseminates for profit to an adult or a minor a pornographic work, as defined 
22.16 	in this section, is guilty of a felony and may be sentenced to imprisonment for not more 
22.17 	than ten years, or to payment of a fine of not more than $20,000 for the first offense and 
22.18 	$40,000 for a second or subsequent offense, or both.
22.19 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
22.20 	imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, 
22.21 	or both, if:
22.22 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
22.23 	or section 617.247;
22.24 	(2) the violation occurs when the person is a registered predatory offender under section 
22.25 	243.166; or
22.26 	(3) the violation involved a minor under the age of 13 years.

22.27 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
22.28 	committed on or after that date.

23.1 	Sec. 17. Minnesota Statutes 2016, section 617.246, subdivision 7, is amended to read:
23.2 		Subd. 7.Conditional release term. Notwithstanding the statutory maximum sentence 
23.3 	otherwise applicable to the offense or any provision of the sentencing guidelines, when a 
23.4 	court commits a person to the custody of the commissioner of corrections for violating this 
23.5 	section, the court shall provide that after the person has been released from prison, the 
23.6 	commissioner shall place the person on conditional release for five years. If the person has 
23.7 	previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 
23.8 	609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this 
23.9 	state, or any state, the commissioner shall place the person on conditional release for ten
23.10 	15 years. The terms of conditional release are governed by section 609.3455, subdivision 
23.11 	8.

23.12 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
23.13 	committed on or after that date.

23.14 	Sec. 18. Minnesota Statutes 2016, section 617.247, subdivision 3, is amended to read:
23.15 		Subd. 3.Dissemination prohibited. (a) A person who disseminates pornographic work 
23.16 	to an adult or a minor, knowing or with reason to know its content and character, is guilty 
23.17 	of a felony and may be sentenced to imprisonment for not more than seven years andor to 
23.18 	payment of a fine of not more than $10,000 for a first offense and for not more than 15 
23.19 	years and a fine of not more than $20,000 for a second or subsequent offense, or both.
23.20 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
23.21 	imprisonment for not more than 15 years or to payment of a fine of not more than $20,000, 
23.22 	or both, if:
23.23 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
23.24 	or section 617.246;
23.25 	(2) the violation occurs when the person is a registered predatory offender under section 
23.26 	243.166; or
23.27 	(3) the violation involved a minor under the age of 13 years.

23.28 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
23.29 	committed on or after that date.

24.1 	Sec. 19. Minnesota Statutes 2016, section 617.247, subdivision 4, is amended to read:
24.2 		Subd. 4.Possession prohibited. (a) A person who possesses a pornographic work or a 
24.3 	computer disk or computer or other electronic, magnetic, or optical storage system or a 
24.4 	storage system of any other type, containing a pornographic work, knowing or with reason 
24.5 	to know its content and character, is guilty of a felony and may be sentenced to imprisonment 
24.6 	for not more than five years andor to payment of a fine of not more than $5,000 for a first 
24.7 	offense and for not more than ten years and a fine of not more than $10,000 for a second 
24.8 	or subsequent offense, or both.
24.9 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
24.10 	imprisonment for not more than ten years or to payment of a fine of not more than $10,000, 
24.11 	or both, if:
24.12 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
24.13 	or section 617.246;
24.14 	(2) the violation occurs when the person is a registered predatory offender under section 
24.15 	243.166; or
24.16 	(3) the violation involved a minor under the age of 13 years.

24.17 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
24.18 	committed on or after that date.

24.19 	Sec. 20. Minnesota Statutes 2016, section 617.247, subdivision 9, is amended to read:
24.20 		Subd. 9.Conditional release term. Notwithstanding the statutory maximum sentence 
24.21 	otherwise applicable to the offense or any provision of the sentencing guidelines, when a 
24.22 	court commits a person to the custody of the commissioner of corrections for violating this 
24.23 	section, the court shall provide that after the person has been released from prison, the 
24.24 	commissioner shall place the person on conditional release for five years. If the person has 
24.25 	previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 
24.26 	609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this 
24.27 	state, or any state, the commissioner shall place the person on conditional release for ten
24.28 	15 years. The terms of conditional release are governed by section 609.3455, subdivision 
24.29 	8.

24.30 	EFFECTIVE DATE. This section is effective August 1, 2018, and applies to crimes 
24.31 	committed on or after that date.

25.1 	Sec. 21. SENTENCING GUIDELINES MODIFICATION.
 25.2 	The Sentencing Guidelines Commission shall comprehensively review and consider 
25.3 	modifying how the Sentencing Guidelines and the sex offender grid address the crimes 
25.4 	described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar 
25.5 	crimes, including other sex offenses and other offenses with similar maximum penalties.

25.6 	Sec. 22. USE OF FEDERAL FUNDS PROHIBITED.
 25.7 	The commissioner of management and budget must not allot the spending authority 
25.8 	requested by the commissioner of human rights for a federal grant from the Equal 
25.9 	Employment Opportunity Commission (EEOC), titled EEOC/FEPA Model Worksharing 
25.10 	Agreement (EEC45017C0065), and submitted to the Legislative Advisory Commission as 
25.11 	part of the March 27, 2018, 20-day Federal Funds Review.

25.12 	EFFECTIVE DATE. This section is effective May 19, 2018.

25.13 	Sec. 23. TRANSFER.
 25.14 	$125,000 is transferred in fiscal year 2019 from the general fund to the peace officer 
25.15 	training account in the special revenue fund to pay for a projected deficiency in the peace 
25.16 	officer training account. This is a onetime transfer.

25.17 	Sec. 24. APPROPRIATIONS.
 25.18 	(a) $6,600,000 is appropriated in fiscal year 2019 from the general fund to the 
25.19 	commissioner of corrections to fund the offender health care contract. $1,968,000 is added 
25.20 	to the base in fiscal year 2020 and $3,168,000 is added to the base in fiscal years 2021, 
25.21 	2022, and 2023. In fiscal year 2024 and beyond, $0 is added to the base.
25.22 	(b) $300,000 is appropriated in fiscal year 2019 from the general fund to the commissioner 
25.23 	of public safety for two Bureau of Criminal Apprehension drug scientists and lab supplies. 
25.24 	The base for this provision is $300,000 in fiscal years 2020 and 2021, and $0 in fiscal year 
25.25 	2022 and beyond.