HF 1910

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 12:51pm

A bill for an act
relating to public safety; including certain sexual conduct in a secure treatment
facility as criminal sexual conduct in the fifth degree crime; amending Minnesota
Statutes 2016, section 609.3451.

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

Section 1.

Minnesota Statutes 2016, section 609.3451, is amended to read:

609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Subdivision 1.

Crime defined.

A person is guilty of criminal sexual conduct in the fifth
degree new text begin if new text end :

(1) deleted text begin if deleted text end the person engages in nonconsensual sexual contact; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) the person engages in a nonconsensual sexual act and the person is committed under
chapter 253D, Minnesota Statutes 2012, section 253B.185, or Minnesota Statutes 1992,
section 526.10, and commits the act against an employee or other individual who provides
care or treatment at a secure treatment facility while the person is engaged in the performance
of a duty imposed by law, policy, or rule; or
new text end

new text begin (4) the person engages in masturbation or lewd exhibition of the genitals in the presence
of an employee or other individual who provides care or treatment at a secure treatment
facility while the person is engaged in the performance of a duty imposed by law, policy,
or rule, knowing or having reason to know the employee was present.
new text end

For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v), but 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.

Subd. 2.

Gross misdemeanor.

A person convicted under subdivision 1 new text begin , clauses (1) and
(2), new text end may be sentenced to imprisonment for not more than one year or to a payment of a fine
of not more than $3,000, or both.

Subd. 3.

Felony.

(a) A person is guilty of a felony and may be sentenced to imprisonment
for not more than seven years or to payment of a fine of not more than $14,000, or both, if new text begin :
new text end

new text begin (1) the person is convicted under subdivision 1, clause (3); or
new text end

new text begin (2) new text end the person violates this section within seven years of:

deleted text begin (1) deleted text end new text begin (i) new text end a previous conviction for violating subdivision 1, clause (2), a crime described
in paragraph (b), or a statute from another state in conformity with any of these offenses;
or

deleted text begin (2) deleted text end new text begin (ii) new text end the first of two or more previous convictions for violating subdivision 1, clause
(1), or a statute from another state in conformity with this offense.

(b) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345;
609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to
enhance a criminal penalty as provided in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end