HF 18

as introduced - 89th Legislature, 2015 1st Special Session (2015 - 2015) Posted on 06/11/2015 10:12pm

A bill for an act
relating to public safety; establishing penalties for the unauthorized disclosure of
certain intimate images; clarifying the law of criminal defamation; establishing
penalties for using another's identity to solicit sex; amending Minnesota Statutes
2014, section 609.765; proposing coding for new law in Minnesota Statutes,
chapters 609; 617.

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

Section 1.

new text begin [609.5271] USE OF THE IDENTITY OF ANOTHER TO SOLICIT
SEXUAL CONTACT OR PENETRATION.
new text end

new text begin (a) A person may not use the identity of an individual, without consent, to invite,
encourage, or solicit another to participate in sexual contact or penetration with the
individual.
new text end

new text begin (b) A person who violates paragraph (a) is guilty of a felony.
new text end

new text begin (c) As used in this section, "identity" has the meaning provided in section 609.527,
subdivision 1, paragraph (d).
new text end

Sec. 2.

Minnesota Statutes 2014, section 609.765, is amended to read:

609.765 CRIMINAL DEFAMATION.

Subdivision 1.

Definition.

Defamatory matter is anything which exposes a person
or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in
society, or injury to business or occupation.

Subd. 2.

Acts constituting.

Whoever with knowledge of its new text begin false and new text end defamatory
character orally, in writing or by any other means, communicates any new text begin false and new text end defamatory
matter to a third person without the consent of the person defamed is guilty of criminal
defamation and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

Subd. 3.

Justification.

Violation of subdivision 2 is justified if:

deleted text begin (1) the defamatory matter is true and is communicated with good motives and for
justifiable ends; or
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the communication is absolutely privileged; or

deleted text begin (3) deleted text end new text begin (2) new text end the communication consists of fair comment made in good faith with respect
to persons participating in matters of public concern; or

deleted text begin (4) deleted text end new text begin (3) new text end the communication consists of a fair and true report or a fair summary of any
judicial, legislative or other public or official proceedings; or

deleted text begin (5) deleted text end new text begin (4) new text end the communication is between persons each having an interest or duty with
respect to the subject matter of the communication and is made with intent to further
such interest or duty.

Subd. 4.

Testimony required.

No person shall be convicted on the basis of an oral
communication of defamatory matter except upon the testimony of at least two other
persons that they heard and understood the oral statement as defamatory or upon a plea
of guilty.

Sec. 3.

new text begin [617.261] NONCONSENSUAL DISSEMINATION OF PRIVATE
SEXUAL IMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Crime. new text end

new text begin Whoever does the following is guilty of a felony:
new text end

new text begin (1) intentionally disseminate an image of another person:
new text end

new text begin (i) who is at least 18 years of age;
new text end

new text begin (ii) who is identifiable from the image itself or information displayed in connection
with the image; and
new text end

new text begin (iii) who is engaged in a sexual act or whose intimate parts are exposed, in whole
or in part;
new text end

new text begin (2) obtains the image under circumstances in which a reasonable person would know
or understand that the image was to remain private; and
new text end

new text begin (3) knows or should have known that the person in the image has not consented to
the dissemination.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin The following activities are exempt from the provisions
of this section:
new text end

new text begin (1) the intentional dissemination of the image of another identifiable person who is
engaged in a sexual act or whose intimate parts are exposed when the dissemination is
made for the purpose of a criminal investigation that is otherwise lawful;
new text end

new text begin (2) the intentional dissemination of an image of another identifiable person who is
engaged in a sexual act or whose intimate parts are exposed when the dissemination is for
the purpose of, or in connection with, the reporting of unlawful conduct;
new text end

new text begin (3) the intentional dissemination of an image of another identifiable person who is
engaged in a sexual act or whose intimate parts are exposed when the image involves
voluntary exposure in a public or commercial setting; and
new text end

new text begin (4) the intentional dissemination of an image of another identifiable person who is
engaged in a sexual act or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
new text end

new text begin Subd. 3. new text end

new text begin Immunity. new text end

new text begin Nothing in this section shall be construed to impose liability
upon the following entities solely as a result of content or information provided by
another person:
new text end

new text begin (1) an interactive computer service, as defined in United States Code, title 47,
section 230, paragraph (f), clause (2);
new text end

new text begin (2) a provider of public mobile services or private radio services; or
new text end

new text begin (3) a telecommunications network or broadband provider.
new text end

new text begin Subd. 4. 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) "Image" includes a photograph, film, videotape, digital recording, or other
depiction or portrayal of an object, including a human body.
new text end

new text begin (c) "Intimate parts" means the fully unclothed, partially unclothed, or transparently
clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed
nipple, including exposure through transparent clothing.
new text end

new text begin (d) "Sexual act" means either sexual contact or sexual penetration.
new text end

new text begin (e) "Sexual contact" has the meaning provided in section 609.341, subdivision 11.
new text end

new text begin (f) "Sexual penetration" has the meaning provided in section 609.341, subdivision 12.
new text end