as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2021 03:30pm
A bill for an act
relating to public safety; creating an affirmative defense to certain child
pornography offenses; amending Minnesota Statutes 2020, sections 617.246,
subdivision 6; 617.247, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 617.246, subdivision 6, is amended to read:
new text begin (a) new text end It shall be an affirmative defense to a charge of
violating this section that the sexual performance or pornographic work was produced using
only persons who were 18 years or older.
new text begin
(b) It shall be an affirmative defense to a charge of violating subdivision 2, paragraph
(a); subdivision 2, paragraph (b), clause (3); subdivision 4, paragraph (a); and subdivision
4, paragraph (b), clause (3), that the defendant was under the age of 18 at the time of the
offense and the sexual performance or pornographic work only depicted the defendant.
new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 617.247, subdivision 8, is amended to read:
new text begin (a) new text end It shall be an affirmative defense to a charge of
violating this section that the pornographic work was produced using only persons who
were 18 years or older.
new text begin
(b) It shall be an affirmative defense to a charge of violating subdivision 3, paragraph
(a); subdivision 3, paragraph (b), clause (3); subdivision 4, paragraph (a); and subdivision
4, paragraph (b), clause (3), that the defendant was under the age of 18 at the time of the
offense and the pornographic work only depicted the defendant.
new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end