as introduced - 93rd Legislature (2023 - 2024) Posted on 01/30/2023 08:26pm
Engrossments | ||
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Introduction | Posted on 01/17/2023 |
A bill for an act
relating to civil actions; establishing a civil cause of action for the nonconsensual
removal of a condom; providing penalties; proposing coding for new law in
Minnesota Statutes, chapter 604.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Condom" means a thin sheath worn on a person's penis during a sexual act as a
contraceptive or as a protection against infection.
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(c) "Intimate part" means the sexual organ, anus, groin, or buttocks of any person, or
the breast of a female.
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(d) "Sexual battery" means an act that causes contact between a sexual organ, from
which a condom has been removed, and the intimate part of another who did not verbally
consent to the removal of the condom.
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(a) A person who commits a sexual battery upon another
is liable to that person for damages, including but not limited to general damages, special
damages, and punitive damages.
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(b) In addition to the damages under paragraph (a), the court may award the following
damages to a prevailing plaintiff from a person found liable under this section:
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(1) a civil penalty of an amount up to $10,000;
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(2) equitable relief, including an injunction, costs, and any other relief the court deems
appropriate; and
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(3) reasonable attorney fees.
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(c) The rights and remedies provided in this section are in addition to any other rights
and remedies provided by law.
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The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
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This section is effective August 1, 2023, and applies to causes
of action accruing on or after that date.
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