HF 2010

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/20/2025 04:12 p.m.

A bill for an act
relating to public safety; increasing the age of consent from 16 to 18 in criminal
sexual conduct offenses involving offenders who are over 21 years of age; imposing
criminal penalties; amending Minnesota Statutes 2024, sections 609.344,
subdivision 1a; 609.345, subdivision 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.344, subdivision 1a, is amended to read:

Subd. 1a.

Victim under the age of 18; crime defined.

A person who engages in sexual
penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the
third degree if any of the following circumstances exists:

(a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;

(b) the complainant is at least 14 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 60
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;

(c) the actor uses coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
36 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); deleted text begin or
deleted text end

(i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant deleted text begin . deleted text end new text begin ; or
new text end

new text begin (j) the complainant is at least 16 but less than 18 years of age and the actor is 22 years
of age or older. Neither mistake as to the complainant's age nor consent to the act by the
complainant shall be a defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 609.345, subdivision 1a, is amended to read:

Subd. 1a.

Victim under the age of 18; crime defined.

A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth
degree if any of the following circumstances exists:

(a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;

(b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense.

Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
if the actor is no more than 60 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;

(c) the actor uses coercion to accomplish the sexual contact;

(d) The actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
36 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); deleted text begin or
deleted text end

(i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant deleted text begin . deleted text end new text begin ; or
new text end

new text begin (j) the complainant is at least 16 but less than 18 years of age and the actor is 22 years
of age or older. Neither mistake as to the complainant's age nor consent to the act by the
complainant shall be a defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end