SF 662

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 11/05/2025 01:40 p.m.

A bill for an act
relating to civil actions; establishing a civil cause of action for the nonconsensual
removal of a sexually protective device; providing penalties; proposing coding for
new law in Minnesota Statutes, chapter 604.

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

Section 1.

new text begin [604.33] CAUSE OF ACTION; NONCONSENSUAL REMOVAL OF A
SEXUALLY PROTECTIVE DEVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Intimate part" means the sexual organ, anus, groin, or buttocks of any person, or
the breast of a female.
new text end

new text begin (c) "Sexually protective device" means an internal or external condom, spermicide,
diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical barrier
device intended to prevent pregnancy or sexually transmitted infection. Sexually protective
device does not include an intrauterine device or any hormonal birth control method.
new text end

new text begin Subd. 2. new text end

new text begin Cause of action. new text end

new text begin A cause of action for nonconsensual removal of a sexually
protective device exists against the following:
new text end

new text begin (1) a person who intentionally removed a sexually protective device and caused contact
between the sexual organ from which the sexually protective device was removed and the
intimate part of another person who did not consent to the removal of the sexually protective
device; or
new text end

new text begin (2) a person who intentionally removed a sexually protective device from another person's
sexual organ without the other person's consent and caused contact between the sexual organ
from which the sexually protective device was removed and their own intimate part.
new text end

new text begin Subd. 3. new text end

new text begin Damages. new text end

new text begin The court may award the following damages to a prevailing plaintiff
from a person found liable under subdivision 2:
new text end

new text begin (1) general and special damages, including damages for mental anguish;
new text end

new text begin (2) punitive damages;
new text end

new text begin (3) statutory damages in an amount up to $10,000;
new text end

new text begin (4) injunctive relief and any other equitable relief the court deems just and appropriate;
and
new text end

new text begin (5) costs, disbursements, and reasonable attorney fees.
new text end

new text begin Subd. 4. new text end

new text begin Confidentiality. new text end

new text begin The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
new text end

new text begin Subd. 5. new text end

new text begin Other laws and remedies. new text end

new text begin (a) The rights and remedies provided in this section
are in addition to any other rights and remedies provided by law.
new text end

new text begin (b) Nothing in this section affects or modifies the rights and obligations under chapter
518A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
new text end