Minnesota Legislature
HF 1234
as introduced - 89th Legislature (2015 - 2016) Posted on 06/08/2016 12:33pm
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A bill for an act
relating to public safety; expanding criminal sexual conduct offenses for persons
in current or recent positions of authority over juveniles; amending Minnesota
Statutes 2014, sections 609.341, subdivision 10; 609.342, subdivision 1; 609.343,
subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 609.341, subdivision 10, is amended to read:
Subd. 10.
new text begin Current or recent new text end position of authority.
"new text begin Current or recent new text end position of
authority" includes but is not limited to any person who is a parent or acting in the place of
a parent and charged withnew text begin or assumesnew text end any of a parent's rights, duties or responsibilities to a
child, or a person who is charged withnew text begin or assumesnew text end any duty or responsibility for the health,
welfare, or supervision of a child, either independently or through another, no matter how
brief, at the time ofnew text begin or within 365 days immediately precedingnew text end the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2014, section 609.342, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with
another person, or in sexual contact with a person under 13 years of age as defined in
section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(b) the complainant is at least 13 years of age but less than 16 years of age and the
actor is more than 48 months older than the complainant and in anew text begin current or recentnew text end position
of authority over the complainant. Neither mistake as to the complainant's age nor consent
to the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the actor uses force or coercion to accomplish sexual penetration; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant
was under 16 years of age at the time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was
under 16 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of
time.
Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2014, section 609.343, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the second degree if any of the
following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 48 months older than the complainant and in anew text begin current or recentnew text end position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act
by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the dangerous weapon to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the actor uses force or coercion to accomplish the sexual contact; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant
was under 16 years of age at the time of the sexual contact. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was
under 16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of
time.
Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2014, section 609.344, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with
another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 24 months older than the complainant. In any such case if the actor is no more
than 120 months older than the complainant, it shall be an affirmative defense, which
must be proved by a preponderance of the evidence, that the actor reasonably believes
the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the penetration;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is more
than 48 months older than the complainant and in anew text begin current or recentnew text end position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act
by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of
time.
Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment
facility, or treatment facility providing services to clients civilly committed as mentally
ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
including, but not limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the correctional system.
Consent by the complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant.
Consent by the complainant is not a defense; deleted text begin or
deleted text end
(o) the actor performs massage or other bodywork for hire, the complainant was a
user of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainantdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(p) the actor is, at the time of the act, or has been within the 365 days immediately
preceding the act:
new text end
new text begin
(1) an employee, volunteer, or contractual service provider of any public or private
primary or secondary school that includes any or all of prekindergarten through grade 12;
new text end
new text begin
(2) because of the actor's employment, volunteer, or contractual .status, the actor has
access to the complainant;
new text end
new text begin
(3) the complainant is at least 13 years of age but less than 18 years of age; and
new text end
new text begin
(4) the actor is more than 48 months older than the complainant.
new text end
new text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2014, section 609.345, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 48 months older than the complainant or in anew text begin current or recentnew text end position of authority
over the complainant. Consent by the complainant to the act is not a defense. In any such
case, if the actor is no more than 120 months older than the complainant, it shall be an
affirmative defense which must be proved by a preponderance of the evidence that the
actor reasonably believes the complainant to be 16 years of age or older. In all other cases,
mistake as to the complainant's age shall not be a defense;
(c) the actor uses force or coercion to accomplish the sexual contact;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is more
than 48 months older than the complainant and in anew text begin current or recentnew text end position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act
by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of
time.
Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists. Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual contact occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual contact by means of deception or false
representation that the contact is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i) the sexual contact occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
(ii) the sexual contact occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment
facility, or treatment facility providing services to clients civilly committed as mentally
ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
including, but not limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the correctional system.
Consent by the complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense; deleted text begin or
deleted text end
(o) the actor performs massage or other bodywork for hire, the complainant was
a user of one of those services, and nonconsensual sexual contact occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainantdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(p) the actor is, at the time of the act, or has been within the 365 days immediately
preceding the act:
new text end
new text begin
(1) an employee, volunteer, or contractual service provider of any public or private
primary or secondary school that includes any or all of prekindergarten through grade 12;
new text end
new text begin
(2) because of the actor's employment, volunteer, or contractual status, the actor has
access to the complainant;
new text end
new text begin
(3) the complainant is at least 13 years of age but less than 18 years of age; and
new text end
new text begin
(4) the actor is more than 48 months older than the complainant.
new text end
new text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end