HF 1433

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 05:40pm

A bill for an act
relating to public safety; prohibiting the creation of a video record in restrooms,
locker rooms, and changing rooms; requiring predatory offender registration;
amending Minnesota Statutes 2014, sections 243.166, subdivision 1b; 609.746,
by adding a subdivision.

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; deleted text begin or
deleted text end

(iv) indecent exposure under section 617.23, subdivision 3; new text begin or
new text end

new text begin (v) interference with privacy under section 609.746, subdivision 1a;
new text end

(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); using 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.

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 609.746, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Nonconsensual photographs and videos. new text end

new text begin (a) A person who knowingly
takes a photograph, records a digital image, makes a video record, or transmits live video
of another person, without that person's consent, in a restroom, locker room, or changing
room is guilty of a crime and may be sentenced as provided in paragraphs (c), (d), and (e).
new text end

new text begin (b) A person who knowingly disseminates, or permits to be disseminated, a
photograph, digital image, video record, or live video that the person knows to have been
made or transmitted in violation of paragraph (a) or subdivision 1 is guilty of a crime and
may be sentenced as provided in paragraphs (f), (g), and (h).
new text end

new text begin (c) Except as provided in paragraphs (d) and (e), a person who violates paragraph (a)
is guilty of a gross misdemeanor.
new text end

new text begin (d) A person who violates paragraph (a) and the victim is a minor under the age of
18 is guilty of a felony and may be sentenced to imprisonment for not more than 36
months or to payment of a fine of not more than $10,000, or both.
new text end

new text begin (e) A person who violates paragraph (a) and who is required to register as a predatory
offender under the laws of this state or another jurisdiction is guilty of a felony and may
be sentenced to imprisonment for not more than 36 months or to payment of a fine of
not more than $10,000, or both.
new text end

new text begin (f) Except as provided in paragraphs (g) and (h), a person who violates paragraph (b)
is guilty of a felony and may be sentenced to imprisonment for not more than 36 months
or to payment of a fine of not more than $10,000, or both.
new text end

new text begin (g) A person who violates paragraph (b) and the victim is a minor under the age of
18 is guilty of a felony and may be sentenced to imprisonment for not more than 60
months or to payment of a fine of not more than $20,000, or both.
new text end

new text begin (h) A person who violates paragraph (b) and who is required to register as a
predatory offender under the laws of this state or another jurisdiction is guilty of a felony
and may be sentenced to imprisonment for not more than 60 months or to payment of
a fine of not more than $20,000, or both.
new text end

new text begin (i) This subdivision does not apply to:
new text end

new text begin (1) law enforcement officers or corrections investigators, or to those acting under
their direction, while engaged in the performance of their lawful duties; or
new text end

new text begin (2) the owner of a commercial establishment and the owner's employees if the owner
has posted conspicuous signs warning that the premises are under surveillance by the
owner or the owner's employees and the recording and dissemination of a photograph,
digital image, video record, or live video are necessary to protect the safety of employees
or customers or to secure the establishment's property, including merchandise.
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