1.1 	A bill for an act
1.2 	relating to public safety; modifying and clarifying criminal sexual conduct 
1.3 	provisions; creating a new crime of sexual extortion;amending Minnesota Statutes 
1.4 	2020, sections 2.722, subdivision 1; 243.166, subdivision 1b; 609.2325; 609.341, 
1.5 	subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 
1.6 	609.344; 609.345; 609.3451; 609.3455; 609.347, by adding a subdivision; 624.712, 
1.7 	subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 609.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
1.10 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten judicial 
1.11 	districts composed of the following named counties, respectively, in each of which districts 
1.12 	judges shall be chosen as hereinafter specified:
1.13 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four 
1.14 	permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe 
1.15 	and one other shall be maintained at the place designated by the chief judge of the district;
1.16 	2. Ramsey; 26 judges;
1.17 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, 
1.18 	and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert 
1.19 	Lea, Austin, Rochester, and Winona;
1.20 	4. Hennepin; 60 judges;
1.21 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
1.22 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 1617 judges; and 
2.1 	permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and 
2.2 	Mankato;
2.3 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
2.4 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and 
2.5 	Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus 
2.6 	Falls, Little Falls, and St. Cloud;
2.7 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big 
2.8 	Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers 
2.9 	shall be maintained in Morris, Montevideo, and Willmar;
2.10 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, 
2.11 	Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
2.12 	Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief 
2.13 	River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
2.14 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 
2.15 	judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places 
2.16 	designated by the chief judge of the district.

2.17 	Sec. 2. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
2.18 		Subd. 1b.Registration required. (a) A person shall register under this section if:
2.19 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
2.20 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
2.21 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
2.22 	of circumstances:
2.23 	(i) murder under section 609.185, paragraph (a), clause (2);
2.24 	(ii) kidnapping under section 609.25;
2.25 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, 
2.26 	subdivision 3; or 609.3453;
2.27 	(iv) indecent exposure under section 617.23, subdivision 3; or
2.28 	(v) surreptitious intrusion under the circumstances described in section 609.746, 
2.29 	subdivision 1, paragraph (f);
3.1 	(2) the person was charged with or petitioned for a violation of, or attempt to violate, or 
3.2 	aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated 
3.3 	delinquent for that offense or another offense arising out of the same set of circumstances:
3.4 	(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
3.5 	(ii) false imprisonment in violation of section 609.255, subdivision 2;
3.6 	(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in 
3.7 	the sex trafficking of a minor in violation of section 609.322;
3.8 	(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
3.9 	(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, 
3.10 	subdivision 2 or 2a, clause (1);
3.11 	(vi) using a minor in a sexual performance in violation of section 617.246; or
3.12 	(vii) possessing pornographic work involving a minor in violation of section 617.247;
3.13 	(3) the person was sentenced as a patterned sex offender under section 609.3455, 
3.14 	subdivision 3a; or
3.15 	(4) the person was charged with or petitioned for, including pursuant to a court martial, 
3.16 	violating a law of the United States, including the Uniform Code of Military Justice, similar 
3.17 	to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent 
3.18 	for that offense or another offense arising out of the same set of circumstances.
3.19 	Notwithstanding clause (1), item (iii), a person is not required to register based on conduct 
3.20 	described in section 609.3451, subdivision 3, paragraph (a), unless the person has previously 
3.21 	been convicted of violating section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453; 
3.22 	617.23, subdivision 2, clause (2), or 3; or 617.247.
3.23 	(b) A person also shall register under this section if:
3.24 	(1) the person was charged with or petitioned for an offense in another state that would 
3.25 	be a violation of a law described in paragraph (a) if committed in this state and convicted 
3.26 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
3.27 	of circumstances;
3.28 	(2) the person enters this state to reside, work, or attend school, or enters this state and 
3.29 	remains for 14 days or longer or for an aggregate period of time exceeding 30 days during 
3.30 	any calendar year; and
4.1 	(3) ten years have not elapsed since the person was released from confinement or, if the 
4.2 	person was not confined, since the person was convicted of or adjudicated delinquent for 
4.3 	the offense that triggers registration, unless the person is subject to a longer registration 
4.4 	period under the laws of another state in which the person has been convicted or adjudicated, 
4.5 	or is subject to lifetime registration.
4.6 	If a person described in this paragraph is subject to a longer registration period in another 
4.7 	state or is subject to lifetime registration, the person shall register for that time period 
4.8 	regardless of when the person was released from confinement, convicted, or adjudicated 
4.9 	delinquent.
4.10 	(c) A person also shall register under this section if the person was committed pursuant 
4.11 	to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 
4.12 	253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the 
4.13 	United States, regardless of whether the person was convicted of any offense.
4.14 	(d) A person also shall register under this section if:
4.15 	(1) the person was charged with or petitioned for a felony violation or attempt to violate 
4.16 	any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or 
4.17 	the United States, or the person was charged with or petitioned for a violation of any of the 
4.18 	offenses listed in paragraph (a), clause (2), or a similar law of another state or the United 
4.19 	States;
4.20 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
4.21 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
4.22 	states with a guilty but mentally ill verdict; and
4.23 	(3) the person was committed pursuant to a court commitment order under section 
4.24 	253B.18 or a similar law of another state or the United States.

4.25 	Sec. 3. Minnesota Statutes 2020, section 609.2325, is amended to read:
4.26 	609.2325 CRIMINAL ABUSE.
4.27 		Subdivision 1.Crimes. (a) A caregiver who, with intent to produce physical or mental 
4.28 	pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation 
4.29 	procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse 
4.30 	and may be sentenced as provided in subdivision 3.
4.31 	This paragraph subdivision does not apply to therapeutic conduct.
5.1 	(b) A caregiver, facility staff person, or person providing services in a facility who 
5.2 	engages in sexual contact or penetration, as defined in section 609.341, under circumstances 
5.3 	other than those described in sections 609.342 to 609.345, with a resident, patient, or client 
5.4 	of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision 
5.5 	3.
5.6 		Subd. 2.Exemptions. For the purposes of this section, a vulnerable adult is not abused 
5.7 	for the sole reason that:
5.8 	(1) the vulnerable adult or a person with authority to make health care decisions for the 
5.9 	vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 
5.10 	253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with 
5.11 	that authority and within the boundary of reasonable medical practice, to any therapeutic 
5.12 	conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical 
5.13 	or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition 
5.14 	and hydration parenterally or through intubation; this paragraph does not enlarge or diminish 
5.15 	rights otherwise held under law by:
5.16 	(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
5.17 	involved family member, to consent to or refuse consent for therapeutic conduct; or
5.18 	(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
5.19 	(2) the vulnerable adult, a person with authority to make health care decisions for the 
5.20 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or 
5.21 	prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of 
5.22 	medical care, provided that this is consistent with the prior practice or belief of the vulnerable 
5.23 	adult or with the expressed intentions of the vulnerable adult; or.
5.24 	(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 
5.25 	emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a 
5.26 	person, including a facility staff person, when a consensual sexual personal relationship 
5.27 	existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of 
5.28 	whether the consensual sexual personal relationship existed prior to the caregiving 
5.29 	relationship.
5.30 		Subd. 3.Penalties. (a) A person who violates subdivision 1, paragraph (a), may be 
5.31 	sentenced as follows:
5.32 	(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 
5.33 	15 years or payment of a fine of not more than $30,000, or both;
6.1 	(2) if the act results in great bodily harm, imprisonment for not more than ten years or 
6.2 	payment of a fine of not more than $20,000, or both;
6.3 	(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not 
6.4 	more than five years or payment of a fine of not more than $10,000, or both; or
6.5 	(4) in other cases, imprisonment for not more than one year or payment of a fine of not 
6.6 	more than $3,000, or both.
6.7 	(b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment 
6.8 	for not more than one year or to payment of a fine of not more than $3,000, or both.

6.9 	Sec. 4. Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
6.10 		Subd. 3.Force. "Force" means either: (1) the infliction, by the actor of bodily harm; or 
6.11 	(2) the attempted infliction, or threatened infliction by the actor of bodily harm or commission 
6.12 	or threat of any other crime by the actor against the complainant or another, which (a) causes 
6.13 	the complainant to reasonably believe that the actor has the present ability to execute the 
6.14 	threat and (b) if the actor does not have a significant relationship to the complainant, also 
6.15 	causes the complainant to submit.

6.16 	Sec. 5. Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
6.17 		Subd. 7.Mentally incapacitated. "Mentally incapacitated" means:
6.18 	(1) that a person under the influence of alcohol, a narcotic, anesthetic, or any other 
6.19 	substance, administered to that person without the person's agreement, lacks the judgment 
6.20 	to give a reasoned consent to sexual contact or sexual penetration; or
6.21 	(2) that a person is under the influence of any substance or substances to a degree that 
6.22 	renders them incapable of consenting or incapable of appreciating, understanding, or 
6.23 	controlling the person's conduct.

6.24 	Sec. 6. Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
6.25 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 609.343, 
6.26 	subdivision 1, clauses (a) to (f) (e), and subdivision 1a, clauses (a) to (f) and (i), and 609.345, 
6.27 	subdivision 1, clauses (a) to (e), (d) and (h) to (p) (i), and subdivision 1a, clauses (a) to (e), 
6.28 	(h), and (i), includes any of the following acts committed without the complainant's consent, 
6.29 	except in those cases where consent is not a defense, and committed with sexual or aggressive 
6.30 	intent:
6.31 	(i) the intentional touching by the actor of the complainant's intimate parts, or
7.1 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
7.2 	parts effected by a person in a current or recent position of authority, or by coercion, or by 
7.3 	inducement if the complainant is under 13 14 years of age or mentally impaired, or
7.4 	(iii) the touching by another of the complainant's intimate parts effected by coercion or 
7.5 	by a person in a current or recent position of authority, or
7.6 	(iv) in any of the cases above, the touching of the clothing covering the immediate area 
7.7 	of the intimate parts, or
7.8 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
7.9 	body or the clothing covering the complainant's body.
7.10 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1 1a, clauses (g) 
7.11 	and (h), and 609.345, subdivision 1 1a, clauses (f) and (g), includes any of the following 
7.12 	acts committed with sexual or aggressive intent:
7.13 	(i) the intentional touching by the actor of the complainant's intimate parts;
7.14 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
7.15 	parts;
7.16 	(iii) the touching by another of the complainant's intimate parts;
7.17 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
7.18 	area of the intimate parts; or
7.19 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
7.20 	body or the clothing covering the complainant's body.
7.21 	(c) "Sexual contact with a person under 13 14" means the intentional touching of the 
7.22 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with 
7.23 	sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening 
7.24 	of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

7.25 	Sec. 7. Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:
7.26 		Subd. 12.Sexual penetration. "Sexual penetration" means any of the following acts 
7.27 	committed without the complainant's consent, except in those cases where consent is not a 
7.28 	defense, whether or not emission of semen occurs:
7.29 	(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
7.30 	(2) any intrusion however slight into the genital or anal openings:
8.1 	(i) of the complainant's body by any part of the actor's body or any object used by the 
8.2 	actor for this purpose;
8.3 	(ii) of the complainant's body by any part of the body of the complainant, by any part 
8.4 	of the body of another person, or by any object used by the complainant or another person 
8.5 	for this purpose, when effected by a person in a current or recent position of authority, or 
8.6 	by coercion, or by inducement if the child is under 13 14 years of age or mentally impaired; 
8.7 	or
8.8 	(iii) of the body of the actor or another person by any part of the body of the complainant 
8.9 	or by any object used by the complainant for this purpose, when effected by a person in a 
8.10 	current or recent position of authority, or by coercion, or by inducement if the child is under 
8.11 	13 14 years of age or mentally impaired.

8.12 	Sec. 8. Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:
8.13 		Subd. 14.Coercion. "Coercion" means the use by the actor of words or circumstances 
8.14 	that cause the complainant reasonably to fear that the actor will inflict the infliction of bodily 
8.15 	harm upon the complainant or another, or the use by the actor of confinement, or superior 
8.16 	size or strength, against the complainant that causes the complainant to submit to sexual 
8.17 	penetration or contact against the complainant's will to accomplish the act. Proof of coercion 
8.18 	does not require proof of a specific act or threat.

8.19 	Sec. 9. Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:
8.20 		Subd. 15.Significant relationship. "Significant relationship" means a situation in which 
8.21 	the actor is:
8.22 	(1) the complainant's parent, stepparent, or guardian;
8.23 	(2) any of the following persons related to the complainant by blood, marriage, or 
8.24 	adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, 
8.25 	grandparent, great-grandparent, great-uncle, great-aunt; or
8.26 	(3) an adult who jointly resides intermittently or regularly in the same dwelling as the 
8.27 	complainant and who is not the complainant's spouse; or
8.28 	(4) an adult who is or was involved in a significant romantic or sexual relationship with 
8.29 	the parent of a complainant.

9.1 	Sec. 10. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
9.2 	to read:
9.3 		Subd. 24.Prohibited occupational relationship. A "prohibited occupational 
9.4 	relationship" exists when the actor is in one of the following occupations and the act takes 
9.5 	place under the specified circumstances:
9.6 	(1) the actor performed massage or other bodywork for hire, the sexual penetration or 
9.7 	sexual contact occurred during or immediately before or after the actor performed or was 
9.8 	hired to perform one of those services for the complainant, and the sexual penetration or 
9.9 	sexual contact was nonconsensual; or
9.10 	(2) the actor and the complainant were in one of the following occupational relationships 
9.11 	at the time of the act. Consent by the complainant is not a defense:
9.12 	(i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual 
9.13 	penetration or sexual contact occurred during a psychotherapy session or during a period 
9.14 	of time when the psychotherapist-patient relationship was ongoing;
9.15 	(ii) the actor was a psychotherapist and the complainant was the actor's former patient 
9.16 	who was emotionally dependent on the actor;
9.17 	(iii) the actor was or falsely impersonated a psychotherapist, the complainant was the 
9.18 	actor's patient or former patient, and the sexual penetration or sexual contact occurred by 
9.19 	means of therapeutic deception;
9.20 	(iv) the actor was or falsely impersonated a provider of medical services to the 
9.21 	complainant and the sexual penetration or sexual contact occurred by means of deception 
9.22 	or false representation that the sexual penetration or sexual contact was for a bona fide 
9.23 	medical purpose;
9.24 	(v) the actor was or falsely impersonated a member of the clergy, the complainant was 
9.25 	not married to the actor, the complainant met with the actor in private seeking or receiving 
9.26 	religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or 
9.27 	sexual contact occurred during the course of the meeting or during a period of time when 
9.28 	the meetings were ongoing;
9.29 	(vi) the actor provided special transportation service to the complainant and the sexual 
9.30 	penetration or sexual contact occurred during or immediately before or after the actor 
9.31 	transported the complainant;
9.32 	(vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84, 
9.33 	the actor physically or constructively restrained the complainant or the complainant did not 
10.1 	reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact 
10.2 	was not pursuant to a lawful search or lawful use of force;
10.3 	(viii) the actor was an employee, independent contractor, or volunteer of a state, county, 
10.4 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
10.5 	or treatment facility providing services to clients civilly committed as mentally ill and 
10.6 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but 
10.7 	not limited to jails, prisons, detention centers, or work release facilities, and the complainant 
10.8 	was a resident of a facility or under supervision of the correctional system;
10.9 	(ix) the complainant was enrolled in a secondary school and:
10.10 	(A) the actor was a licensed educator employed or contracted to provide service for the 
10.11 	school at which the complainant was a student;
10.12 	(B) the actor was age 18 or older and at least 48 months older than the complainant and 
10.13 	was employed or contracted to provide service for the secondary school at which the 
10.14 	complainant was a student; or
10.15 	(C) the actor was age 18 or older and at least 48 months older than the complainant, and 
10.16 	was a licensed educator employed or contracted to provide services for an elementary, 
10.17 	middle, or secondary school;
10.18 	(x) the actor was a caregiver, facility staff person, or person providing services in a 
10.19 	facility, as defined under section 609.232, subdivision 3, and the complainant was a 
10.20 	vulnerable adult who was a resident, patient, or client of the facility who was impaired in 
10.21 	judgment or capacity by mental or emotional dysfunction or undue influence; or
10.22 	(xi) the actor was a caregiver, facility staff person, or person providing services in a 
10.23 	facility, and the complainant was a resident, patient, or client of the facility. This clause 
10.24 	does not apply if a consensual sexual personal relationship existed prior to the caregiving 
10.25 	relationship or if the actor was a personal care attendant.

10.26 	Sec. 11. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
10.27 	to read:
10.28 		Subd. 25.Caregiver. "Caregiver" has the meaning given in section 609.232, subdivision 
10.29 	2.

11.1 	Sec. 12. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
11.2 	to read:
11.3 		Subd. 26.Facility. "Facility" has the meaning given in section 609.232, subdivision 3.

11.4 	Sec. 13. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
11.5 	to read:
11.6 		Subd. 27.Vulnerable adult. "Vulnerable adult" has the meaning given in section 
11.7 	609.232, subdivision 11.

11.8 	Sec. 14. Minnesota Statutes 2020, section 609.342, is amended to read:
11.9 	609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
11.10 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration 
11.11 	with another person, or in sexual contact with a person under 13 years of age as defined in 
11.12 	section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the 
11.13 	first degree if any of the following circumstances exists:
11.14 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
11.15 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
11.16 	the complainant is a defense;
11.17 	(b) the complainant is at least 13 years of age but less than 16 years of age and the actor 
11.18 	is more than 48 months older than the complainant and in a current or recent position of 
11.19 	authority over the complainant. Neither mistake as to the complainant's age nor consent to 
11.20 	the act by the complainant is a defense;
11.21 	(c) (a) circumstances existing at the time of the act cause the complainant to have a 
11.22 	reasonable fear of imminent great bodily harm to the complainant or another;
11.23 	(d) (b) the actor is armed with a dangerous weapon or any article used or fashioned in 
11.24 	a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
11.25 	uses or threatens to use the weapon or article to cause the complainant to submit;
11.26 	(e) (c) the actor causes personal injury to the complainant, and eitherany of the following 
11.27 	circumstances exist:
11.28 	(i) the actor uses force or coercion to accomplish the act; or
11.29 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
12.1 	(ii) (iii) the actor knows or has reason to know that the complainant is mentally impaired, 
12.2 	mentally incapacitated, or physically helpless;
12.3 	(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
12.4 	(f) (e) the actor is aided or abetted by one or more accomplices within the meaning of 
12.5 	section 609.05, and either of the following circumstances exists:
12.6 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
12.7 	or
12.8 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
12.9 	fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous 
12.10 	weapon and uses or threatens to use the weapon or article to cause the complainant to 
12.11 	submit;.
12.12 	(g) the actor has a significant relationship to the complainant and the complainant was 
12.13 	under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor 
12.14 	consent to the act by the complainant is a defense; or
12.15 	(h) the actor has a significant relationship to the complainant, the complainant was under 
12.16 	16 years of age at the time of the act, and:
12.17 	(i) the actor or an accomplice used force or coercion to accomplish the act;
12.18 	(ii) the complainant suffered personal injury; or
12.19 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
12.20 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
12.21 	a defense.
12.22 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in 
12.23 	penetration with anyone under 18 years of age or sexual contact with a person under 14 
12.24 	years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal 
12.25 	sexual conduct in the first degree if any of the following circumstances exists:
12.26 	(a) circumstances existing at the time of the act cause the complainant to have a 
12.27 	reasonable fear of imminent great bodily harm to the complainant or another;
12.28 	(b) the actor is armed with a dangerous weapon or any article used or fashioned in a 
12.29 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
12.30 	or threatens to use the weapon or article to cause the complainant to submit;
13.1 	(c) the actor causes personal injury to the complainant, and any of the following 
13.2 	circumstances exist:
13.3 	(i) the actor uses coercion to accomplish the act;
13.4 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
13.5 	(iii) the actor knows or has reason to know that the complainant is mentally impaired, 
13.6 	mentally incapacitated, or physically helpless;
13.7 	(d) the actor is aided or abetted by one or more accomplices within the meaning of 
13.8 	section 609.05, and either of the following circumstances exists:
13.9 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
13.10 	or
13.11 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
13.12 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
13.13 	weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
13.14 	(e) the complainant is under 14 years of age and the actor is more than 36 months older 
13.15 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
13.16 	the complainant is a defense;
13.17 	(f) the complainant is at least 14 years of age but less than 16 years of age and:
13.18 	(i) the actor is more than 36 months older than the complainant; and
13.19 	(ii) the actor is in a current or recent position of authority over the complainant.
13.20 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
13.21 	defense;
13.22 	(g) the complainant was under 16 years of age at the time of the act and the actor has a 
13.23 	significant relationship to the complainant. Neither mistake as to the complainant's age nor 
13.24 	consent to the act by the complainant is a defense;
13.25 	(h) the complainant was under 16 years of age at the time of the act, and the actor has 
13.26 	a significant relationship to the complainant and any of the following circumstances exist:
13.27 	(i) the actor or an accomplice used force or coercion to accomplish the act;
13.28 	(ii) the complainant suffered personal injury; or
13.29 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
14.1 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
14.2 	defense; or
14.3 	(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
14.4 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota 
14.5 	Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a 
14.6 	may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of 
14.7 	not more than $40,000, or both.
14.8 	(b) Unless a longer mandatory minimum sentence is otherwise required by law or the 
14.9 	Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall 
14.10 	presume that an executed sentence of 144 months must be imposed on an offender convicted 
14.11 	of violating this section. Sentencing a person in a manner other than that described in this 
14.12 	paragraph is a departure from the Sentencing Guidelines.
14.13 	(c) A person convicted under this section is also subject to conditional release under 
14.14 	section 609.3455.
14.15 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
14.16 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
14.17 	clause (g), the court may stay imposition or execution of the sentence if it finds that:
14.18 	(a) a stay is in the best interest of the complainant or the family unit; and
14.19 	(b) a professional assessment indicates that the offender has been accepted by and can 
14.20 	respond to a treatment program.
14.21 	If the court stays imposition or execution of sentence, it shall include the following as 
14.22 	conditions of probation:
14.23 	(1) incarceration in a local jail or workhouse;
14.24 	(2) a requirement that the offender complete a treatment program; and
14.25 	(3) a requirement that the offender have no unsupervised contact with the complainant 
14.26 	until the offender has successfully completed the treatment program unless approved by 
14.27 	the treatment program and the supervising correctional agent.

15.1 	Sec. 15. Minnesota Statutes 2020, section 609.343, is amended to read:
15.2 	609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
15.3 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual contact 
15.4 	with another person is guilty of criminal sexual conduct in the second degree if any of the 
15.5 	following circumstances exists:
15.6 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
15.7 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
15.8 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
15.9 	prove that the sexual contact was coerced;
15.10 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
15.11 	48 months older than the complainant and in a current or recent position of authority over 
15.12 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
15.13 	complainant is a defense;
15.14 	(c) (a) circumstances existing at the time of the act cause the complainant to have a 
15.15 	reasonable fear of imminent great bodily harm to the complainant or another;
15.16 	(d) (b) the actor is armed with a dangerous weapon or any article used or fashioned in 
15.17 	a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
15.18 	uses or threatens to use the dangerous weapon to cause the complainant to submit;
15.19 	(e) (c) the actor causes personal injury to the complainant, and eitherany of the following 
15.20 	circumstances exist:
15.21 	(i) the actor uses force or coercion to accomplish the sexual contact; or
15.22 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
15.23 	(ii) (iii) the actor knows or has reason to know that the complainant is mentally impaired, 
15.24 	mentally incapacitated, or physically helpless;
15.25 	(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
15.26 	(f) (e) the actor is aided or abetted by one or more accomplices within the meaning of 
15.27 	section 609.05, and either of the following circumstances exists:
15.28 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
15.29 	or
15.30 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
15.31 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
16.1 	weapon and uses or threatens to use the weapon or article to cause the complainant to 
16.2 	submit;.
16.3 	(g) the actor has a significant relationship to the complainant and the complainant was 
16.4 	under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's 
16.5 	age nor consent to the act by the complainant is a defense; or
16.6 	(h) the actor has a significant relationship to the complainant, the complainant was under 
16.7 	16 years of age at the time of the sexual contact, and:
16.8 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
16.9 	(ii) the complainant suffered personal injury; or
16.10 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
16.11 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
16.12 	a defense.
16.13 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
16.14 	contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second 
16.15 	degree if any of the following circumstances exists:
16.16 	(a) circumstances existing at the time of the act cause the complainant to have a 
16.17 	reasonable fear of imminent great bodily harm to the complainant or another;
16.18 	(b) the actor is armed with a dangerous weapon or any article used or fashioned in a 
16.19 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
16.20 	or threatens to use the dangerous weapon to cause the complainant to submit;
16.21 	(c) the actor causes personal injury to the complainant, and any of the following 
16.22 	circumstances exist:
16.23 	(i) the actor uses coercion to accomplish the sexual contact;
16.24 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
16.25 	(iii) the actor knows or has reason to know that the complainant is mentally impaired, 
16.26 	mentally incapacitated, or physically helpless;
16.27 	(d) the actor is aided or abetted by one or more accomplices within the meaning of 
16.28 	section 609.05, and either of the following circumstances exists:
16.29 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
16.30 	or
17.1 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
17.2 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
17.3 	weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
17.4 	(e) the complainant is under 14 years of age and the actor is more than 36 months older 
17.5 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
17.6 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
17.7 	prove that the sexual contact was coerced;
17.8 	(f) the complainant is at least 14 but less than 16 years of age and the actor is more than 
17.9 	36 months older than the complainant and in a current or recent position of authority over 
17.10 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
17.11 	complainant is a defense;
17.12 	(g) the complainant was under 16 years of age at the time of the sexual contact and the 
17.13 	actor has a significant relationship to the complainant. Neither mistake as to the complainant's 
17.14 	age nor consent to the act by the complainant is a defense;
17.15 	(h) the actor has a significant relationship to the complainant, the complainant was under 
17.16 	16 years of age at the time of the sexual contact, and:
17.17 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
17.18 	(ii) the complainant suffered personal injury; or
17.19 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
17.20 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
17.21 	defense; or
17.22 	(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
17.23 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota 
17.24 	Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a 
17.25 	may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of 
17.26 	not more than $35,000, or both.
17.27 	(b) Unless a longer mandatory minimum sentence is otherwise required by law or the 
17.28 	Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall 
17.29 	presume that an executed sentence of 90 months must be imposed on an offender convicted 
17.30 	of violating subdivision 1, clause (a), (b), (c), (d), or (e), (f), or subdivision 1a, clause (a), 
17.31 	(b), (c), (d),or (h), or (i). Sentencing a person in a manner other than that described in this 
17.32 	paragraph is a departure from the Sentencing Guidelines.
18.1 	(c) A person convicted under this section is also subject to conditional release under 
18.2 	section 609.3455.
18.3 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
18.4 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
18.5 	clause (g), the court may stay imposition or execution of the sentence if it finds that:
18.6 	(a) a stay is in the best interest of the complainant or the family unit; and
18.7 	(b) a professional assessment indicates that the offender has been accepted by and can 
18.8 	respond to a treatment program.
18.9 	If the court stays imposition or execution of sentence, it shall include the following as 
18.10 	conditions of probation:
18.11 	(1) incarceration in a local jail or workhouse;
18.12 	(2) a requirement that the offender complete a treatment program; and
18.13 	(3) a requirement that the offender have no unsupervised contact with the complainant 
18.14 	until the offender has successfully completed the treatment program unless approved by 
18.15 	the treatment program and the supervising correctional agent.

18.16 	Sec. 16. Minnesota Statutes 2020, section 609.344, is amended to read:
18.17 	609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
18.18 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration 
18.19 	with another person is guilty of criminal sexual conduct in the third degree if any of the 
18.20 	following circumstances exists:
18.21 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
18.22 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
18.23 	act by the complainant shall be a defense;
18.24 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
18.25 	24 months older than the complainant. In any such case if the actor is no more than 120 
18.26 	months older than the complainant, it shall be an affirmative defense, which must be proved 
18.27 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
18.28 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
18.29 	be a defense. Consent by the complainant is not a defense;
18.30 	(c) (a) the actor uses force or coercion to accomplish the penetration;
19.1 	(d) (b) the actor knows or has reason to know that the complainant is mentally impaired, 
19.2 	mentally incapacitated, or physically helpless;
19.3 	(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
19.4 	(d) at the time of the act, the actor is in a prohibited occupational relationship with the 
19.5 	complainant.
19.6 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
19.7 	penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the 
19.8 	third degree if any of the following circumstances exists:
19.9 	(a) the complainant is under 14 years of age and the actor is no more than 36 months 
19.10 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
19.11 	act by the complainant shall be a defense;
19.12 	(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 
19.13 	36 months older than the complainant. In any such case if the actor is no more than 60 
19.14 	months older than the complainant, it shall be an affirmative defense, which must be proved 
19.15 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
19.16 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
19.17 	be a defense. Consent by the complainant is not a defense;
19.18 	(c) the actor uses coercion to accomplish the penetration;
19.19 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
19.20 	mentally incapacitated, or physically helpless;
19.21 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
19.22 	48 36 months older than the complainant and in a current or recent position of authority 
19.23 	over the complainant. Neither mistake as to the complainant's age nor consent to the act by 
19.24 	the complainant is a defense;
19.25 	(f) the actor has a significant relationship to the complainant and the complainant was 
19.26 	at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake 
19.27 	as to the complainant's age nor consent to the act by the complainant is a defense;
19.28 	(g) the actor has a significant relationship to the complainant, the complainant was at 
19.29 	least 16 but under 18 years of age at the time of the sexual penetration, and:
19.30 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
19.31 	(ii) the complainant suffered personal injury; or
19.32 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
20.1 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
20.2 	a defense;
20.3 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
20.4 	and the sexual penetration occurred:the actor uses force, as defined in section 609.341, 
20.5 	subdivision 3, clause (2); or
20.6 	(i) at the time of the act, the actor is in a prohibited occupational relationship with the 
20.7 	complainant.
20.8 	(i) during the psychotherapy session; or
20.9 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
20.10 	exists.
20.11 	Consent by the complainant is not a defense;
20.12 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
20.13 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
20.14 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
20.15 	the sexual penetration occurred by means of therapeutic deception. Consent by the 
20.16 	complainant is not a defense;
20.17 	(k) the actor accomplishes the sexual penetration by means of deception or false 
20.18 	representation that the penetration is for a bona fide medical purpose. Consent by the 
20.19 	complainant is not a defense;
20.20 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
20.21 	to the actor, and:
20.22 	(i) the sexual penetration occurred during the course of a meeting in which the 
20.23 	complainant sought or received religious or spiritual advice, aid, or comfort from the actor 
20.24 	in private; or
20.25 	(ii) the sexual penetration occurred during a period of time in which the complainant 
20.26 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
20.27 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
20.28 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
20.29 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
20.30 	or treatment facility providing services to clients civilly committed as mentally ill and 
20.31 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
20.32 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
21.1 	is a resident of a facility or under supervision of the correctional system. Consent by the 
21.2 	complainant is not a defense;
21.3 	(n) the actor provides or is an agent of an entity that provides special transportation 
21.4 	service, the complainant used the special transportation service, and the sexual penetration 
21.5 	occurred during or immediately before or after the actor transported the complainant. Consent 
21.6 	by the complainant is not a defense;
21.7 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
21.8 	of one of those services, and nonconsensual sexual penetration occurred during or 
21.9 	immediately before or after the actor performed or was hired to perform one of those services 
21.10 	for the complainant; or
21.11 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
21.12 	or constructively restrains the complainant or the complainant does not reasonably feel free 
21.13 	to leave the officer's presence. Consent by the complainant is not a defense. This paragraph 
21.14 	does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
21.15 		Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted 
21.16 	under subdivision 1 or subdivision 1a may be sentenced:
21.17 	(1) to imprisonment for not more than 15 years or to a payment of a fine of not more 
21.18 	than $30,000, or both; or
21.19 	(2) if the person was convicted under subdivision 1 1a, paragraph (b), and if the actor 
21.20 	was no more than 48 months but more than 24 months older than the complainant, to 
21.21 	imprisonment for not more than five years or a fine of not more than $30,000, or both.
21.22 	A person convicted under this section is also subject to conditional release under section 
21.23 	609.3455.
21.24 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
21.25 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
21.26 	clause (f), the court may stay imposition or execution of the sentence if it finds that:
21.27 	(a) a stay is in the best interest of the complainant or the family unit; and
21.28 	(b) a professional assessment indicates that the offender has been accepted by and can 
21.29 	respond to a treatment program.
21.30 	If the court stays imposition or execution of sentence, it shall include the following as 
21.31 	conditions of probation:
21.32 	(1) incarceration in a local jail or workhouse;
22.1 	(2) a requirement that the offender complete a treatment program; and
22.2 	(3) a requirement that the offender have no unsupervised contact with the complainant 
22.3 	until the offender has successfully completed the treatment program unless approved by 
22.4 	the treatment program and the supervising correctional agent.

22.5 	Sec. 17. Minnesota Statutes 2020, section 609.345, is amended to read:
22.6 	609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
22.7 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual contact 
22.8 	with another person is guilty of criminal sexual conduct in the fourth degree if any of the 
22.9 	following circumstances exists:
22.10 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
22.11 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
22.12 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
22.13 	required to prove that the sexual contact was coerced;
22.14 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
22.15 	48 months older than the complainant or in a current or recent position of authority over 
22.16 	the complainant. Consent by the complainant to the act is not a defense. In any such case, 
22.17 	if the actor is no more than 120 months older than the complainant, it shall be an affirmative 
22.18 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
22.19 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
22.20 	complainant's age shall not be a defense;
22.21 	(c) (a) the actor uses force or coercion to accomplish the sexual contact;
22.22 	(d) (b) the actor knows or has reason to know that the complainant is mentally impaired, 
22.23 	mentally incapacitated, or physically helpless;
22.24 	(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
22.25 	(d) at the time of the act, the actor is in a prohibited occupational relationship with the 
22.26 	complainant.
22.27 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
22.28 	contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth 
22.29 	degree if any of the following circumstances exists:
22.30 	(a) the complainant is under 14 years of age and the actor is no more than 36 months 
22.31 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
23.1 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
23.2 	required to prove that the sexual contact was coerced;
23.3 	(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 
23.4 	36 months older than the complainant or in a current or recent position of authority over 
23.5 	the complainant. Consent by the complainant to the act is not a defense.
23.6 	Mistake of age is not a defense unless actor is less than 60 months older. In any such case, 
23.7 	if the actor is no more than 60 months older than the complainant, it shall be an affirmative 
23.8 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
23.9 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
23.10 	complainant's age shall not be a defense;
23.11 	(c) the actor uses coercion to accomplish the sexual contact;
23.12 	(d) The actor knows or has reason to know that the complainant is mentally impaired, 
23.13 	mentally incapacitated, or physically helpless;
23.14 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
23.15 	48 36 months older than the complainant and in a current or recent position of authority 
23.16 	over the complainant. Neither mistake as to the complainant's age nor consent to the act by 
23.17 	the complainant is a defense;
23.18 	(f) the actor has a significant relationship to the complainant and the complainant was 
23.19 	at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to 
23.20 	the complainant's age nor consent to the act by the complainant is a defense;
23.21 	(g) the actor has a significant relationship to the complainant, the complainant was at 
23.22 	least 16 but under 18 years of age at the time of the sexual contact, and:
23.23 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
23.24 	(ii) the complainant suffered personal injury; or
23.25 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
23.26 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
23.27 	a defense;
23.28 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
23.29 	and the sexual contact occurred:the actor uses force, as defined in section 609.341, 
23.30 	subdivision 3, clause (2); or
23.31 	(i) at the time of the act, the actor is in a prohibited occupational relationship with the 
23.32 	complainant.
24.1 	(i) during the psychotherapy session; or
24.2 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
24.3 	exists. Consent by the complainant is not a defense;
24.4 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
24.5 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
24.6 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
24.7 	the sexual contact occurred by means of therapeutic deception. Consent by the complainant 
24.8 	is not a defense;
24.9 	(k) the actor accomplishes the sexual contact by means of deception or false representation 
24.10 	that the contact is for a bona fide medical purpose. Consent by the complainant is not a 
24.11 	defense;
24.12 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
24.13 	to the actor, and:
24.14 	(i) the sexual contact occurred during the course of a meeting in which the complainant 
24.15 	sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
24.16 	(ii) the sexual contact occurred during a period of time in which the complainant was 
24.17 	meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, 
24.18 	aid, or comfort in private. Consent by the complainant is not a defense;
24.19 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
24.20 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
24.21 	or treatment facility providing services to clients civilly committed as mentally ill and 
24.22 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
24.23 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
24.24 	is a resident of a facility or under supervision of the correctional system. Consent by the 
24.25 	complainant is not a defense;
24.26 	(n) the actor provides or is an agent of an entity that provides special transportation 
24.27 	service, the complainant used the special transportation service, the complainant is not 
24.28 	married to the actor, and the sexual contact occurred during or immediately before or after 
24.29 	the actor transported the complainant. Consent by the complainant is not a defense;
24.30 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
24.31 	of one of those services, and nonconsensual sexual contact occurred during or immediately 
24.32 	before or after the actor performed or was hired to perform one of those services for the 
24.33 	complainant; or
25.1 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
25.2 	or constructively restrains the complainant or the complainant does not reasonably feel free 
25.3 	to leave the officer's presence. Consent by the complainant is not a defense.
25.4 		Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted 
25.5 	under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 
25.6 	ten years or to a payment of a fine of not more than $20,000, or both. A person convicted 
25.7 	under this section is also subject to conditional release under section 609.3455.
25.8 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
25.9 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
25.10 	clause (f), the court may stay imposition or execution of the sentence if it finds that:
25.11 	(a) a stay is in the best interest of the complainant or the family unit; and
25.12 	(b) a professional assessment indicates that the offender has been accepted by and can 
25.13 	respond to a treatment program.
25.14 	If the court stays imposition or execution of sentence, it shall include the following as 
25.15 	conditions of probation:
25.16 	(1) incarceration in a local jail or workhouse;
25.17 	(2) a requirement that the offender complete a treatment program; and
25.18 	(3) a requirement that the offender have no unsupervised contact with the complainant 
25.19 	until the offender has successfully completed the treatment program unless approved by 
25.20 	the treatment program and the supervising correctional agent.

25.21 	Sec. 18. Minnesota Statutes 2020, section 609.3451, is amended to read:
25.22 	609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
25.23 		Subdivision 1.Sexual penetration; crime defined. A person is guilty of criminal sexual 
25.24 	conduct in the fifth degree: if the person engages in nonconsensual sexual penetration.
25.25 		Subd. 1a.Sexual contact; child present; crime defined. A person is guilty of criminal 
25.26 	sexual conduct in the fifth degree if:
25.27 	(1) if the person engages in nonconsensual sexual contact; or
25.28 	(2) the person engages in masturbation or lewd exhibition of the genitals in the presence 
25.29 	of a minor under the age of 16, knowing or having reason to know the minor is present.
25.30 	For purposes of this section, "sexual contact" has the meaning given in section 609.341, 
25.31 	subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the 
26.1 	intentional removal or attempted removal of clothing covering the complainant's intimate 
26.2 	parts or undergarments, and the nonconsensual touching by the complainant of the actor's 
26.3 	intimate parts, effected by the actor, if the action is performed with sexual or aggressive 
26.4 	intent.
26.5 		Subd. 2.Gross misdemeanor. A person convicted under subdivision 11a may be 
26.6 	sentenced to imprisonment for not more than one year or to a payment of a fine of not more 
26.7 	than $3,000, or both.
26.8 		Subd. 3.Felony. (a) A person is guilty of a felony and may be sentenced to imprisonment 
26.9 	for not more than two years or to payment of a fine of not more than $10,000, or both, if 
26.10 	the person violates subdivision 1.
26.11 	(b) A person is guilty of a felony and may be sentenced to imprisonment for not more 
26.12 	than seven years or to payment of a fine of not more than $14,000, or both, if the person 
26.13 	violates this section subdivision 1 or 1a within seven ten years of:
26.14 	(1) conviction or adjudication under subdivision 1; or
26.15 	(2) a previous conviction or adjudication for violating subdivision 1 1a, clause (2), a 
26.16 	crime described in paragraph (b), or a statute from another state in conformity with any of 
26.17 	these offenses; or
26.18 	(2) (3) the first of two or more previous convictions for violating subdivision 1 1a, clause 
26.19 	(1), or a statute from another state in conformity with this offense.
26.20 	(b) (c) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 
26.21 	609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to 
26.22 	enhance a criminal penalty as provided in paragraph (a).

26.23 	Sec. 19. Minnesota Statutes 2020, section 609.3455, is amended to read:
26.24 	609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL 
26.25 	RELEASE.
26.26 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
26.27 	meanings given.
26.28 	(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section 
26.29 	260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, or
26.30 	609.3453, or 609.3458, if the adult sentence has been executed.
26.31 	(c) "Extreme inhumane conditions" mean situations where, either before or after the 
26.32 	sexual penetration or sexual contact, the offender knowingly causes or permits the 
27.1 	complainant to be placed in a situation likely to cause the complainant severe ongoing 
27.2 	mental, emotional, or psychological harm, or causes the complainant's death.
27.3 	(d) A "heinous element" includes:
27.4 	(1) the offender tortured the complainant;
27.5 	(2) the offender intentionally inflicted great bodily harm upon the complainant;
27.6 	(3) the offender intentionally mutilated the complainant;
27.7 	(4) the offender exposed the complainant to extreme inhumane conditions;
27.8 	(5) the offender was armed with a dangerous weapon or any article used or fashioned 
27.9 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
27.10 	used or threatened to use the weapon or article to cause the complainant to submit;
27.11 	(6) the offense involved sexual penetration or sexual contact with more than one victim;
27.12 	(7) the offense involved more than one perpetrator engaging in sexual penetration or 
27.13 	sexual contact with the complainant; or
27.14 	(8) the offender, without the complainant's consent, removed the complainant from one 
27.15 	place to another and did not release the complainant in a safe place.
27.16 	(e) "Mutilation" means the intentional infliction of physical abuse designed to cause 
27.17 	serious permanent disfigurement or permanent or protracted loss or impairment of the 
27.18 	functions of any bodily member or organ, where the offender relishes the infliction of the 
27.19 	abuse, evidencing debasement or perversion.
27.20 	(f) A conviction is considered a "previous sex offense conviction" if the offender was 
27.21 	convicted and sentenced for a sex offense before the commission of the present offense.
27.22 	(g) A conviction is considered a "prior sex offense conviction" if the offender was 
27.23 	convicted of committing a sex offense before the offender has been convicted of the present 
27.24 	offense, regardless of whether the offender was convicted for the first offense before the 
27.25 	commission of the present offense, and the convictions involved separate behavioral 
27.26 	incidents.
27.27 	(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343, 
27.28 	609.344, 609.345, 609.3451, 609.3453, 609.3458, or any similar statute of the United States, 
27.29 	this state, or any other state.
27.30 	(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme 
27.31 	psychological or physical abuse, when committed in an especially depraved manner.
28.1 	(j) An offender has "two previous sex offense convictions" only if the offender was 
28.2 	convicted and sentenced for a sex offense committed after the offender was earlier convicted 
28.3 	and sentenced for a sex offense and both convictions preceded the commission of the present 
28.4 	offense of conviction.
28.5 		Subd. 2.Mandatory life sentence without release; egregious first-time and repeat 
28.6 	offenders. (a) Notwithstanding the statutory maximum penalty otherwise applicable to the 
28.7 	offense, the court shall sentence a person convicted under section 609.342, subdivision 1, 
28.8 	paragraph (a), (b), (c), (d), or (e), (f), or (h); or609.342, subdivision 1a, clause (a), (b), (c), 
28.9 	(d), (h), or (i);609.343, subdivision 1, paragraph (a), (b), (c), (d), or (e), (f),; or (h)609.343, 
28.10 	subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life without the possibility of release 
28.11 	if:
28.12 	(1) the fact finder determines that two or more heinous elements exist; or
28.13 	(2) the person has a previous sex offense conviction for a violation of section 609.342, 
28.14 	609.343, or609.344, or 609.3458, and the fact finder determines that a heinous element 
28.15 	exists for the present offense.
28.16 	(b) A fact finder may not consider a heinous element if it is an element of the underlying 
28.17 	specified violation of section 609.342 or 609.343. In addition, when determining whether 
28.18 	two or more heinous elements exist, the fact finder may not use the same underlying facts 
28.19 	to support a determination that more than one element exists.
28.20 		Subd. 3.Mandatory life sentence for egregious first-time offenders. (a) 
28.21 	Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the 
28.22 	court shall sentence a person to imprisonment for life if the person is convicted under section 
28.23 	609.342, subdivision 1, paragraph (a), (b), (c), (d), or (e), (f), or (h), or; 609.342, subdivision 
28.24 	1a, clause (a), (b), (c), (d), (h), or (i);609.343, subdivision 1, paragraph (a), (b), (c), (d), or 
28.25 	(e), (f), or (h); or 609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i); and the fact 
28.26 	finder determines that a heinous element exists.
28.27 	(b) The fact finder may not consider a heinous element if it is an element of the underlying 
28.28 	specified violation of section 609.342 or 609.343.
28.29 		Subd. 3a.Mandatory sentence for certain engrained offenders. (a) A court shall 
28.30 	commit a person to the commissioner of corrections for a period of time that is not less than 
28.31 	double the presumptive sentence under the sentencing guidelines and not more than the 
28.32 	statutory maximum, or if the statutory maximum is less than double the presumptive sentence, 
28.33 	for a period of time that is equal to the statutory maximum, if:
29.1 	(1) the court is imposing an executed sentence on a person convicted of committing or 
29.2 	attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or609.3453, 
29.3 	or 609.3458;
29.4 	(2) the fact finder determines that the offender is a danger to public safety; and
29.5 	(3) the fact finder determines that the offender's criminal sexual behavior is so engrained 
29.6 	that the risk of reoffending is great without intensive psychotherapeutic intervention or other 
29.7 	long-term treatment or supervision extending beyond the presumptive term of imprisonment 
29.8 	and supervised release.
29.9 	(b) The fact finder shall base its determination that the offender is a danger to public 
29.10 	safety on any of the following factors:
29.11 	(1) the crime involved an aggravating factor that would justify a durational departure 
29.12 	from the presumptive sentence under the sentencing guidelines;
29.13 	(2) the offender previously committed or attempted to commit a predatory crime or a 
29.14 	violation of section 609.224 or 609.2242, including:
29.15 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
29.16 	violation of section 609.224 or 609.2242 if committed by an adult; or
29.17 	(ii) a violation or attempted violation of a similar law of any other state or the United 
29.18 	States; or
29.19 	(3) the offender planned or prepared for the crime prior to its commission.
29.20 	(c) As used in this section, "predatory crime" has the meaning given in section 609.341, 
29.21 	subdivision 22.
29.22 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the statutory 
29.23 	maximum penalty otherwise applicable to the offense, the court shall sentence a person to 
29.24 	imprisonment for life if the person is convicted of violating section 609.342, 609.343, 
29.25 	609.344, 609.345, or609.3453, or 609.3458 and:
29.26 	(1) the person has two previous sex offense convictions;
29.27 	(2) the person has a previous sex offense conviction and:
29.28 	(i) the fact finder determines that the present offense involved an aggravating factor that 
29.29 	would provide grounds for an upward durational departure under the sentencing guidelines 
29.30 	other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
30.1 	(ii) the person received an upward durational departure from the sentencing guidelines 
30.2 	for the previous sex offense conviction; or
30.3 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
30.4 	609.108, for the previous sex offense conviction; or
30.5 	(3) the person has two prior sex offense convictions, and the fact finder determines that 
30.6 	the prior convictions and present offense involved at least three separate victims, and:
30.7 	(i) the fact finder determines that the present offense involved an aggravating factor that 
30.8 	would provide grounds for an upward durational departure under the sentencing guidelines 
30.9 	other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
30.10 	(ii) the person received an upward durational departure from the sentencing guidelines 
30.11 	for one of the prior sex offense convictions; or
30.12 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
30.13 	609.108, for one of the prior sex offense convictions.
30.14 	(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment 
30.15 	for life for a violation of section 609.345, unless the person's previous or prior sex offense 
30.16 	convictions that are being used as the basis for the sentence are for violations of section 
30.17 	609.342, 609.343, 609.344, or609.3453, or 609.3458, or any similar statute of the United 
30.18 	States, this state, or any other state.
30.19 		Subd. 5.Life sentences; minimum term of imprisonment. At the time of sentencing 
30.20 	under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based 
30.21 	on the sentencing guidelines or any applicable mandatory minimum sentence, that must be 
30.22 	served before the offender may be considered for supervised release.
30.23 		Subd. 6.Mandatory ten-year conditional release term. Notwithstanding the statutory 
30.24 	maximum sentence otherwise applicable to the offense and unless a longer conditional 
30.25 	release term is required in subdivision 7, when a court commits an offender to the custody 
30.26 	of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344, 
30.27 	609.345, or609.3453, or 609.3458, the court shall provide that, after the offender has been 
30.28 	released from prison, the commissioner shall place the offender on conditional release for 
30.29 	ten years.
30.30 		Subd. 7.Mandatory lifetime conditional release term. (a) When a court sentences an 
30.31 	offender under subdivision 3 or 4, the court shall provide that, if the offender is released 
30.32 	from prison, the commissioner of corrections shall place the offender on conditional release 
30.33 	for the remainder of the offender's life.
31.1 	(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense, 
31.2 	when the court commits an offender to the custody of the commissioner of corrections for 
31.3 	a violation of section 609.342, 609.343, 609.344, 609.345, or609.3453, or 609.3458, and 
31.4 	the offender has a previous or prior sex offense conviction, the court shall provide that, after 
31.5 	the offender has been released from prison, the commissioner shall place the offender on 
31.6 	conditional release for the remainder of the offender's life.
31.7 	(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional 
31.8 	release for a violation of section 609.345, unless the offender's previous or prior sex offense 
31.9 	conviction is for a violation of section 609.342, 609.343, 609.344, or609.3453, or 609.3458, 
31.10 	or any similar statute of the United States, this state, or any other state.
31.11 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
31.12 	provisions of this subdivision relating to conditional release apply to all sex offenders 
31.13 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
31.14 	609.3453, or 609.3458. Except as provided in this subdivision, conditional release of sex 
31.15 	offenders is governed by provisions relating to supervised release. The commissioner of 
31.16 	corrections may not dismiss an offender on conditional release from supervision until the 
31.17 	offender's conditional release term expires.
31.18 	(b) The conditions of release may include successful completion of treatment and aftercare 
31.19 	in a program approved by the commissioner, satisfaction of the release conditions specified 
31.20 	in section 244.05, subdivision 6, and any other conditions the commissioner considers 
31.21 	appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person 
31.22 	released under this subdivision. The plan may include co-payments from offenders, 
31.23 	third-party payers, local agencies, or other funding sources as they are identified. This 
31.24 	section does not require the commissioner to accept or retain an offender in a treatment 
31.25 	program. Before the offender is placed on conditional release, the commissioner shall notify 
31.26 	the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced 
31.27 	of the terms of the offender's conditional release. The commissioner also shall make 
31.28 	reasonable efforts to notify the victim of the offender's crime of the terms of the offender's 
31.29 	conditional release.
31.30 	(c) If the offender fails to meet any condition of release, the commissioner may revoke 
31.31 	the offender's conditional release and order that the offender serve all or a part of the 
31.32 	remaining portion of the conditional release term in prison. An offender, while on supervised 
31.33 	release, is not entitled to credit against the offender's conditional release term for time served 
31.34 	in confinement for a violation of release.
32.1 		Subd. 9.Applicability. The provisions of this section do not affect the applicability of 
32.2 	Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or 
32.3 	the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
32.4 		Subd. 10.Presumptive executed sentence for repeat sex offenders. Except as provided 
32.5 	in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or 
32.6 	609.3453 within 15 years of a previous sex offense conviction, the court shall commit the 
32.7 	defendant to the commissioner of corrections for not less than three years, nor more than 
32.8 	the maximum sentence provided by law for the offense for which convicted, notwithstanding 
32.9 	sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of 
32.10 	the sentence imposed under this subdivision only if it finds that a professional assessment 
32.11 	indicates the offender is accepted by and can respond to treatment at a long-term inpatient 
32.12 	program exclusively treating sex offenders and approved by the commissioner of corrections. 
32.13 	If the court stays the execution of a sentence, it shall include the following as conditions of 
32.14 	probation:
32.15 	(1) incarceration in a local jail or workhouse; and
32.16 	(2) a requirement that the offender successfully complete the treatment program and 
32.17 	aftercare as directed by the court.

32.18 	Sec. 20. [609.3458] SEXUAL EXTORTION.
32.19 		Subdivision 1.Crime defined. (a) A person who engages in sexual contact with another 
32.20 	person and compels the other person to submit to the contact by making any of the following 
32.21 	threats, directly or indirectly, is guilty of sexual extortion:
32.22 	(1) a threat to withhold or harm the complainant's trade, business, profession, position, 
32.23 	employment, or calling;
32.24 	(2) a threat to make or cause to be made a criminal charge against the complainant, 
32.25 	whether true or false;
32.26 	(3) a threat to report the complainant's immigration status to immigration or law 
32.27 	enforcement authorities;
32.28 	(4) a threat to disseminate private sexual images of the complainant as specified in 
32.29 	section 617.261, nonconsensual dissemination of private sexual images;
32.30 	(5) a threat to expose information that the actor knows the complainant wishes to keep 
32.31 	confidential; or
33.1 	(6) a threat to withhold complainant's housing, or to cause complainant a loss or 
33.2 	disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
33.3 	(b) A person who engages in sexual penetration with another person and compels the 
33.4 	other person to submit to such penetration by making any of the following threats, directly 
33.5 	or indirectly, is guilty of sexual extortion:
33.6 	(1) a threat to withhold or harm the complainant's trade, business, profession, position, 
33.7 	employment, or calling;
33.8 	(2) a threat to make or cause to be made a criminal charge against the complainant, 
33.9 	whether true or false;
33.10 	(3) a threat to report the complainant's immigration status to immigration or law 
33.11 	enforcement authorities;
33.12 	(4) a threat to disseminate private sexual images of the complainant as specified in 
33.13 	section 617.261, nonconsensual dissemination of private sexual images;
33.14 	(5) a threat to expose information that the actor knows the complainant wishes to keep 
33.15 	confidential; or
33.16 	(6) a threat to withhold complainant's housing, or to cause complainant a loss or 
33.17 	disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
33.18 		Subd. 2.Penalty. (a) A person is guilty of a felony and may be sentenced to imprisonment 
33.19 	for not more than ten years or to payment of a fine of not more than $20,000, or both, if the 
33.20 	person violates subdivision 1, paragraph (a).
33.21 	(b) A person is guilty of a felony and may be sentenced to imprisonment for not more 
33.22 	than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates 
33.23 	subdivision 1, paragraph (b).
33.24 	(c) A person convicted under this section is also subject to conditional release under 
33.25 	section 609.3455.
33.26 		Subd. 3.No attempt charge. Notwithstanding section 609.17, no person may be charged 
33.27 	with or convicted of an attempt to commit a violation of this section.

33.28 	Sec. 21. Minnesota Statutes 2020, section 609.347, is amended by adding a subdivision 
33.29 	to read:
33.30 		Subd. 8.Voluntary intoxication defense for certain mentally incapacitated cases; 
33.31 	clarification of applicability. (a) The "knows or has reason to know" mental state 
34.1 	requirement for violations of sections 609.342 to 609.345 involving a complainant who is 
34.2 	mentally incapacitated, as defined in section 609.341, subdivision 7, clause (2), is a specific 
34.3 	intent crime for purposes of determining the applicability of the voluntary intoxication 
34.4 	defense described in section 609.075. This defense may be raised by a defendant if the 
34.5 	defense is otherwise applicable under section 609.075 and related case law.
34.6 	(b) Nothing in paragraph (a) may be interpreted to change the application of the defense 
34.7 	to other crimes.
34.8 	(c) Nothing in paragraph (a) is intended to change the scope or limitations of the defense 
34.9 	or case law interpreting it beyond clarifying that the defense is available to a defendant 
34.10 	described in paragraph (a).

34.11 	EFFECTIVE DATE. The section is effective August 1, 2021, and applies to crimes 
34.12 	committed on or after that date.

34.13 	Sec. 22. Minnesota Statutes 2020, section 624.712, subdivision 5, is amended to read:
34.14 		Subd. 5.Crime of violence. "Crime of violence" means: felony convictions of the 
34.15 	following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the 
34.16 	second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first 
34.17 	degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding 
34.18 	attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second 
34.19 	degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 
34.20 	609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic 
34.21 	assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 
34.22 	(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
34.23 	robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, 
34.24 	inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct 
34.25 	in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal 
34.26 	sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
34.27 	609.3458 (sexual extortion);609.377 (malicious punishment of a child); 609.378 (neglect 
34.28 	or endangerment of a child); 609.486 (commission of crime while wearing or possessing a 
34.29 	bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a 
34.30 	controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first 
34.31 	degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the 
34.32 	first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully 
34.33 	owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 
34.34 	609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a 
35.1 	public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an 
35.2 	attempt to commit any of these offenses.

35.3 	Sec. 23. PREDATORY OFFENDER STATUTORY FRAMEWORK WORKING 
35.4 	GROUP; REPORT.
 35.5 		Subdivision 1.Direction. By September 1, 2021, the commissioner of public safety 
35.6 	shall convene a working group to comprehensively assess the predatory offender statutory 
35.7 	framework. The commissioner shall invite representatives from the Department of 
35.8 	Corrections with specific expertise on juvenile justice reform, city and county prosecuting 
35.9 	agencies, statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota 
35.10 	Board of Public Defense, private criminal defense attorneys, the Department of Public 
35.11 	Safety, the Department of Human Services, the Sentencing Guidelines Commission, state 
35.12 	and local law enforcement agencies, and other interested parties to participate in the working 
35.13 	group. The commissioner shall ensure that the membership of the working group is balanced 
35.14 	among the various representatives and reflects a broad spectrum of viewpoints, and is 
35.15 	inclusive of marginalized communities as well as victim and survivor voices.
35.16 		Subd. 2.Duties. The working group must examine and assess the predatory offender 
35.17 	registration (POR) laws, including, but not limited to, the requirements placed on offenders, 
35.18 	the crimes for which POR is required, the method by which POR requirements are applied 
35.19 	to offenders, and the effectiveness of the POR system in achieving its stated purpose. 
35.20 	Governmental agencies that hold POR data shall provide the working group with public 
35.21 	POR data upon request. The working group is encouraged to request the assistance of the 
35.22 	state court administrator's office to obtain relevant POR data maintained by the court system.
35.23 		Subd. 3.Report to legislature. The commissioner shall file a report detailing the working 
35.24 	group's findings and recommendations with the chairs and ranking minority members of 
35.25 	the house of representatives and senate committees and divisions having jurisdiction over 
35.26 	public safety and judiciary policy and finance by January 15, 2022.

35.27 	Sec. 24. REVISOR INSTRUCTION.
 35.28 	(a) The revisor of statutes shall make necessary cross-reference changes and remove 
35.29 	statutory cross-references in Minnesota Statutes to conform with this act. The revisor may 
35.30 	make technical and other necessary changes to language and sentence structure to preserve 
35.31 	the meaning of the text.
35.32 	(b) In Minnesota Statutes, the revisor of statutes shall modify the headnote to Minnesota 
35.33 	Statutes, section 609.347, to reflect the amendment to that section contained in this act.