HF 503

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; making it a crime to use the Internet to solicit children to
engage in sexual conduct, communicate with children in a sexually explicit
manner, or distribute sexually explicit material to children; providing penalties;
amending Minnesota Statutes 2006, section 609.352.

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

Section 1.

Minnesota Statutes 2006, section 609.352, is amended to read:

609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL
CONDUCT.

Subdivision 1.

Definitions.

As used in this section:

(a) "child" means a person 15 years of age or younger;

(b) "sexual conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as defined in
section 617.246; deleted text begin and deleted text end

(c) "solicit" means commanding, entreating, or attempting to persuade a specific
person in person, by telephone, by letter, or by computerized or other electronic means deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (d) "sexually explicit" means any communication, language, or material, including a
photographic or video image, that relates to or describes sexual conduct.
new text end

Subd. 2.

Prohibited act.

A person 18 years of age or older who solicits a child or
someone the person reasonably believes is a child to engage in sexual conduct with intent
to engage in sexual conduct is guilty of a felony deleted text begin and may be sentenced to imprisonment
for not more than three years, or to payment of a fine of not more than $5,000, or both deleted text end .

new text begin Subd. 2a. new text end

new text begin Internet or computer solicitation of children. new text end

new text begin A person 18 years of age
or older who uses the Internet or a computer, computer program, computer network, or
computer system to communicate with a child or someone the person reasonably believes
is a child, with the intent to arouse or gratify the sexual desire of any person, is guilty of a
felony if any of the following circumstances exist:
new text end

new text begin (a) the actor solicits a child or someone the actor reasonably believes is a child to
engage in sexual conduct;
new text end

new text begin (b) the actor communicates in a sexually explicit manner with a child or someone
the actor reasonably believes is a child; or
new text end

new text begin (c) the actor distributes sexually explicit material to a child or someone the actor
reasonably believes is a child.
new text end

new text begin Subd. 2b. new text end

new text begin Jurisdiction. new text end

new text begin A person may be convicted of an offense under subdivision
2a if the transmission that constitutes the offense either originates within this state or is
received within this state.
new text end

Subd. 3.

Defenses.

new text begin (a) new text end Mistake as to age is not a defense to a prosecution under
deleted text begin this section deleted text end new text begin subdivision 2 new text end . new text begin Mistake as to age is an affirmative defense to a prosecution
under subdivision 2a.
new text end

new text begin (b) The fact that an undercover operative or law enforcement officer was involved
in the detection or investigation of an offense under this section does not constitute a
defense to a prosecution under this section.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person convicted under subdivision 2 or 2a is guilty of a felony
and may be sentenced to imprisonment for not more than three years, or to payment of
a fine of not more than $5,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end