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HF 889

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2015 09:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; expanding the offense of fifth degree criminal sexual
conduct; creating the crime of adulteration by bodily fluid; amending Minnesota
Statutes 2014, sections 243.166, subdivision 1b; 609.3451, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read:


Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same
set of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345;
609.3451, subdivision 3; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to
violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
609.2325, subdivision 1, paragraph (b); false imprisonment in violation of section
609.255, subdivision 2; solicitation, inducement, or promotion of the prostitution of a
minor or engaging in the sex trafficking of a minor in violation of section 609.322; a
prostitution offense involving a minor under the age of 13 years in violation of section
609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual conduct in
violation of section 609.352, subdivision 2 or 2a, clause (1); new text beginadulteration by bodily fluid in
violation of section 609.688, subdivision 2, paragraph (c) or (d);
new text endusing a minor in a sexual
performance in violation of section 617.246; or possessing pornographic work involving a
minor in violation of section 617.247, and convicted of or adjudicated delinquent for that
offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a
; or

(4) the person was charged with or petitioned for, including pursuant to a court
martial, violating a law of the United States, including the Uniform Code of Military Justice,
similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that
would be a violation of a law described in paragraph (a) if committed in this state and
convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state
and remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement
or, if the person was not confined, since the person was convicted of or adjudicated
delinquent for the offense that triggers registration, unless the person is subject to a longer
registration period under the laws of another state in which the person has been convicted
or adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period
in another state or is subject to lifetime registration, the person shall register for that
time period regardless of when the person was released from confinement, convicted, or
adjudicated delinquent.

(c) A person also shall register under this section if the person was committed
pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185,
chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state
or the United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to
violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
state or the United States, or the person was charged with or petitioned for a violation of
any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
the United States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

Sec. 2.

Minnesota Statutes 2014, section 609.3451, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person is guilty of criminal sexual conduct
in the fifth degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the
presence of a minor under the age of 16, knowing or having reason to know the minor
is present.

For purposes of this section, "sexual contact" has the meaning given in section
609.341, subdivision 11, paragraph (a), clauses (i) deleted text beginanddeleted text endnew text begin,new text end (iv), new text beginand (v), new text endbut does not include
the intentional touching of the clothing covering the immediate area of the buttocks.
Sexual contact also includes the intentional removal or attempted removal of clothing
covering the complainant's intimate parts or undergarments, and the nonconsensual
touching by the complainant of the actor's intimate parts, effected by the actor, if the action
is performed with sexual or aggressive intent.

Sec. 3.

new text begin [609.688] ADULTERATION BY BODILY FLUID.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) As used in this section, the terms have the meanings
given.
new text end

new text begin (b) "Adulteration" is the intentional adding of a bodily fluid to a substance.
new text end

new text begin (c) "Bodily fluid" means the blood, seminal fluid, vaginal fluid, saliva, urine, or
feces of a human.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin (a) Whoever adulterates any substance that the person knows or
should know is intended for human consumption is guilty of a misdemeanor.
new text end

new text begin (b) Whoever violates paragraph (a) and another person ingests the adulterated
substance without knowledge of the adulteration is guilty of a felony and may be
sentenced to imprisonment for not more than two years or to payment of a fine of not
more than $10,000, or both.
new text end

new text begin (c) Whoever violates paragraph (b) with the intent to arouse or gratify the sexual
desire of any person is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $20,000, or both.
new text end

new text begin (d) Whoever violates paragraph (c) and the victim is a child is guilty of a felony
and may be sentenced to imprisonment for not more than ten years or to payment of
a fine of not more than $40,000, or both.
new text end