HF 1650

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:30pm

A bill for an act
relating to public safety; establishing the crime of child torture; imposing criminal
penalties; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.3775] CHILD TORTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin A person who tortures a child is guilty of a felony and may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000,
or both.
new text end

new text begin Subd. 3. new text end

new text begin Proof; evidence. new text end

new text begin (a) Expert testimony as to the existence or extent of mental
anguish or psychological abuse is not a requirement for a conviction under this section.
new text end

new text begin (b) A child's special susceptibility to mental anguish or psychological abuse does not
constitute an independent cause of the condition so that a defendant is exonerated from
criminal liability.
new text end

new text begin (c) Proof that a victim suffered pain is not an element of a violation of this section.
new text end

new text begin EFFECTIVE DATE. 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