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HF 2519

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/19/2021 08:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; modifying and clarifying criminal sexual conduct
provisions; creating a new crime of sexual extortion; amending Minnesota Statutes
2020, sections 609.341, subdivisions 7, 14, 15, by adding subdivisions; 609.342;
609.343; 609.344; 609.345; 609.3451; 609.3455; proposing coding for new law
in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:


Subd. 7.

Mentally incapacitated.

"Mentally incapacitated" meansnew text begin:
new text end

new text begin (1)new text end that a person under the influence of alcohol, a narcotic, anesthetic, or any other
substance, administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetrationnew text begin; or
new text end

new text begin (2) that a person is under the influence of an intoxicating substance to a degree that
renders them incapable of consenting or incapable of appreciating, understanding, or
controlling the person's conduct
new text end.

Sec. 2.

Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:


Subd. 14.

Coercion.

"Coercion" means the use by the actor of words or circumstances
that cause the complainant reasonably to fear deleted text beginthat the actor will inflictdeleted text endnew text begin the infliction ofnew text end bodily
harm upon the complainant or another, or the use by the actor of confinement, or superior
size or strength, against the complainant deleted text beginthat causes the complainant to submit to sexual
penetration or contact against the complainant's will
deleted text endnew text begin to accomplish the actnew text end. Proof of coercion
does not require proof of a specific act or threat.

Sec. 3.

Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:


Subd. 15.

Significant relationship.

"Significant relationship" means a situation in which
the actor is:

(1) the complainant's parent, stepparent, or guardian;

(2) any of the following persons related to the complainant by blood, marriage, or
adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece,
grandparent, great-grandparent, great-uncle, great-aunt; deleted text beginor
deleted text end

(3) an adult who jointly resides intermittently or regularly in the same dwelling as the
complainant and who is not the complainant's spousenew text begin; or
new text end

new text begin (4) an adult who is or was involved in a significant romantic or sexual relationship with
the parent of a complainant
new text end.

Sec. 4.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to
read:


new text begin Subd. 24. new text end

new text begin Prohibited occupational relationship. new text end

new text begin A "prohibited occupational
relationship" exists when the actor is in one of the following occupations and the act takes
place under the specified circumstances:
new text end

new text begin (1) the actor performed massage or other bodywork for hire, the sexual penetration or
sexual contact occurred during or immediately before or after the actor performed or was
hired to perform one of those services for the complainant, and the sexual penetration or
sexual contact was nonconsensual; or
new text end

new text begin (2) the actor and the complainant were in one of the following occupational relationships
at the time of the act. Consent by the complainant is not a defense:
new text end

new text begin (i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual
penetration or sexual contact occurred during a psychotherapy session or during a period
of time when the psychotherapist-patient relationship was ongoing;
new text end

new text begin (ii) the actor was a psychotherapist and the complainant was the actor's former patient
who was emotionally dependent on the actor;
new text end

new text begin (iii) the actor was or falsely impersonated a psychotherapist, the complainant was the
actor's patient or former patient, and the sexual penetration or sexual contact occurred by
means of therapeutic deception;
new text end

new text begin (iv) the actor was or falsely impersonated a provider of medical services to the
complainant and the sexual penetration or sexual contact occurred by means of deception
or false representation that the sexual penetration or sexual contact was for a bona fide
medical purpose;
new text end

new text begin (v) the actor was or falsely impersonated a member of the clergy, the complainant was
not married to the actor, the complainant met with the actor in private seeking or receiving
religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or
sexual contact occurred during the course of the meeting or during a period of time when
the meetings were ongoing;
new text end

new text begin (vi) the actor provided special transportation service to the complainant and the sexual
penetration or sexual contact occurred during or immediately before or after the actor
transported the complainant;
new text end

new text begin (vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84,
the actor physically or constructively restrained the complainant or the complainant did not
reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact
was not pursuant to a lawful search or lawful use of force;
new text end

new text begin (viii) the actor was 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
was a resident of a facility or under supervision of the correctional system;
new text end

new text begin (ix) the complainant is enrolled in a secondary school and:
new text end

new text begin (A) the actor is a licensed educator employed or contracted to provide service for the
school at which the complainant is a student;
new text end

new text begin (B) the actor is age 18 or older and at least four years older than the complainant and is
employed or contracted to provide service for the secondary school at which the complainant
is a student; or
new text end

new text begin (C) the actor is age 18 or older and at least four years older than the complainant, and
is a licensed educator employed or contracted to provide services for an elementary, middle,
or secondary school;
new text end

new text begin (x) the actor was a caregiver, facility staff person, or person providing services in a
facility, as defined under section 609.232, subdivision 3, and the complainant was a
vulnerable adult who was a resident, patient, or client of the facility who was impaired in
judgment or capacity by mental or emotional dysfunction or undue influence; or
new text end

new text begin (xi) the actor was a caregiver, facility staff person, or person providing services in a
facility, and the complainant was a resident, patient, or client of the facility. This clause
does not apply if a consensual sexual personal relationship existed prior to the caregiving
relationship or if the actor was a personal care attendant.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to
read:


new text begin Subd. 25. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" has the meaning given in section 609.232, subdivision
2.
new text end

Sec. 6.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to
read:


new text begin Subd. 26. new text end

new text begin Facility. new text end

new text begin "Facility" has the meaning given in section 609.232, subdivision 3.
new text end

Sec. 7.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to
read:


new text begin Subd. 27. new text end

new text begin Vulnerable adult. new text end

new text begin "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end

Sec. 8.

Minnesota Statutes 2020, section 609.342, is amended to read:


609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

Subdivision 1.

new text beginAdult victim; new text endcrime defined.

A person who engages in sexual penetration
with another persondeleted text begin, or in sexual contact with a person under 13 years of age as defined in
section 609.341, subdivision 11, paragraph (c),
deleted text end is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:

deleted text begin (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;
deleted text end

deleted text begin (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 a current or recent 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;
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end 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;

deleted text begin (d)deleted text endnew text begin (b)new text end 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;

deleted text begin (e)deleted text endnew text begin (c)new text end 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 act; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;new text begin or
new text end

deleted text begin (f)deleted text endnew text begin (d)new text end 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)new text begin the actor ornew text end an accomplice uses force or coercion to cause the complainant to submit;
or

(ii)new text begin the actor ornew text end 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
submitdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense; or
deleted text end

deleted text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the act, and:
deleted text end

deleted text begin (i) the actor or an accomplice used force or coercion to accomplish the act;
deleted text end

deleted text begin (ii) the complainant suffered personal injury; or
deleted text end

deleted text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end

deleted text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end

new text begin Subd. 1a. new text end

new text begin Child victim; crime defined. new text end

new text begin A person who engages in penetration with
anyone under 18 years of age or sexual contact with a person under 14 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:
new text end

new text begin (a) 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;
new text end

new text begin (b) 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;
new text end

new text begin (c) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
new text end

new text begin (i) the actor uses force or coercion to accomplish the act; or
new text end

new text begin (ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

new text begin (d) 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:
new text end

new text begin (i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end

new text begin (ii) the actor or 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;
new text end

new text begin (e) the complainant is under 14 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;
new text end

new text begin (f) the complainant is at least 14 years of age but less than 16 years of age and:
new text end

new text begin (i) the actor is more than 36 months older than the complainant; and
new text end

new text begin (ii) the actor is in a current or recent position of authority over 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 (g) the complainant was under 16 years of age at the time of the act and the actor has a
significant relationship to the complainant. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense; or
new text end

new text begin (h) the complainant was under 16 years of age at the time of the act, and the actor has
a significant relationship to the complainant and any of the following circumstances exist:
new text end

new text begin (i) the actor or an accomplice used force or coercion to accomplish the act;
new text end

new text begin (ii) the complainant suffered personal injury; or
new text end

new text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
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

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text beginor subdivision 1a
new text end may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of
not more than $40,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 144 months must be imposed on an offender convicted
of violating this section. Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin1deleted text endnew text begin 1anew text end,
clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 9.

Minnesota Statutes 2020, section 609.343, is amended to read:


609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.

Subdivision 1.

new text beginAdult victim; new text endcrime 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:

deleted text begin (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;
deleted text end

deleted text begin (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 a current or recent 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;
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end 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;

deleted text begin (d)deleted text endnew text begin (b)new text end 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;

deleted text begin (e)deleted text endnew text begin (c)new text end 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;new text begin or
new text end

deleted text begin (f)deleted text endnew text begin (d)new text end 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) new text beginthe actor or new text endan accomplice uses force or coercion to cause the complainant to submit;
or

(ii) new text beginthe actor or new text endan 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
submitdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (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
deleted text end

deleted text begin (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:
deleted text end

deleted text begin (i) the actor or an accomplice used force or coercion to accomplish the contact;
deleted text end

deleted text begin (ii) the complainant suffered personal injury; or
deleted text end

deleted text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end

deleted text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end

new text begin Subd. 1a. new text end

new text begin Child victim; crime defined. new text end

new text begin 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:
new text end

new text begin (a) 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;
new text end

new text begin (b) 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;
new text end

new text begin (c) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
new text end

new text begin (i) the actor uses force or coercion to accomplish the sexual contact; or
new text end

new text begin (ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

new text begin (d) 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:
new text end

new text begin (i) an accomplice uses force or coercion to cause the complainant to submit; or
new text end

new text begin (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;
new text end

new text begin (e) the complainant is under 14 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;
new text end

new text begin (f) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant and in a current or recent 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;
new text end

new text begin (g) the complainant was under 16 years of age at the time of the sexual contact and the
actor has a significant relationship to the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or
new text end

new text begin (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:
new text end

new text begin (i) the actor or an accomplice used force or coercion to accomplish the contact;
new text end

new text begin (ii) the complainant suffered personal injury; or
new text end

new text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
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

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text beginor subdivision 1a
new text end may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of
not more than $35,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 90 months must be imposed on an offender convicted
of violating subdivision 1, clause new text begin(a), (b), new text end(c), new text beginor new text end(d), deleted text begin(e), (f),deleted text endnew text begin or subdivision 1a, clause (a),
(b), (c), (d), (g),
new text end or (h). Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin1deleted text endnew text begin 1anew text end,
clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 10.

Minnesota Statutes 2020, section 609.344, is amended to read:


609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.

Subdivision 1.

new text beginAdult victim; new text endcrime 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:

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end the actor uses deleted text beginforce ordeleted text end coercion to accomplish the penetration;

deleted text begin (d)deleted text endnew text begin (b)new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (c) At the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

new text begin Subd. 1a. new text end

new text begin Child victim; crime defined. new text end

new text begin 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:
new text end

new text begin (a) the complainant is under 14 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;
new text end

new text begin (b) the complainant is at least 14 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 60
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;
new text end

new text begin (c) the actor uses coercion to accomplish the penetration;
new text end

new text begin (d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48deleted text endnew text begin 36new text end months older than the complainant and in a current or recent 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 deleted text beginforce ordeleted text end 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;

deleted text begin (h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual penetration occurred:
deleted text end

deleted text begin (i) during the psychotherapy session; or
deleted text end

deleted text begin (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
deleted text end

deleted text begin Consent by the complainant is not a defense;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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 end

deleted text begin (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 complainant; or
deleted text end

deleted text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
deleted text end

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text beginor subdivision 1a new text endmay be sentenced:

(1) to imprisonment for not more than 15 years or to a payment of a fine of not more
than $30,000, or both; or

(2) if the person was convicted under subdivision deleted text begin1deleted text endnew text begin 1anew text end, paragraph (b), and if the actor
was no more than 48 months but more than 24 months older than the complainant, to
imprisonment for not more than five years or a fine of not more than $30,000, or both.

A person convicted under this section is also subject to conditional release under section
609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin1deleted text endnew text begin 1anew text end,
clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 11.

Minnesota Statutes 2020, section 609.345, is amended to read:


609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.

Subdivision 1.

new text beginAdult victim; new text endcrime 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:

deleted text begin (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;
deleted text end

deleted text begin (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 a current or recent 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;
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end the actor uses deleted text beginforce ordeleted text end coercion to accomplish the sexual contact;

deleted text begin (d)deleted text endnew text begin (b)new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;new text begin or
new text end

new text begin (c) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

new text begin Subd. 1a. new text end

new text begin Child victim; crime defined. new text end

new text begin 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:
new text end

new text begin (a) the complainant is under 14 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;
new text end

new text begin (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense.
new text end

new text begin Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
if the actor is no more than 60 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;
new text end

new text begin (c) the actor uses coercion to accomplish the sexual contact;
new text end

new text begin (d) The actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48deleted text endnew text begin 36new text end months older than the complainant and in a current or recent 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;new text begin or
new text end

(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 deleted text beginforce ordeleted text end 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;

deleted text begin (h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual contact occurred:
deleted text end

deleted text begin (i) during the psychotherapy session; or
deleted text end

deleted text begin (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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 end

deleted text begin (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
complainant; or
deleted text end

deleted text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense.
deleted text end

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text beginor subdivision 1a new text endmay be sentenced to imprisonment for not more than
ten years or to a payment of a fine of not more than $20,000, or both. A person convicted
under this section is also subject to conditional release under section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin1deleted text endnew text begin 1anew text end,
clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 12.

Minnesota Statutes 2020, section 609.3451, is amended to read:


609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Subdivision 1.

new text beginSexual penetration; new text endcrime defined.

A person is guilty of criminal sexual
conduct in the fifth degreedeleted text begin:deleted text endnew text begin if the person engages in nonconsensual sexual penetration.
new text end

new text begin Subd. 1a. new text end

new text begin Sexual contact; child present; crime defined. new text end

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

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

(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.

For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11
, paragraph (a), clauses (i), (iv), and (v). 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 deleted text begin1deleted text end new text begin1a new text endmay 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) new text beginA person is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $10,000, or both, if
the person violates subdivision 1.
new text end

new text begin (b) new text endA 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 the person
violates deleted text beginthis sectiondeleted text endnew text begin subdivision 1 or 1anew text end within deleted text beginsevendeleted text endnew text begin tennew text end years of:

(1) new text beginconviction or adjudication under subdivision 1; or
new text end

new text begin (2) new text enda previous convictionnew text begin or adjudicationnew text end for violating subdivision deleted text begin1deleted text endnew text begin 1anew text end, clause (2), deleted text begina
crime described in paragraph (b),
deleted text end or a statute from another state in conformity with any of
these offenses; or

deleted text begin (2)deleted text endnew text begin (3)new text end the first of two or more previous convictions for violating subdivision deleted text begin1deleted text endnew text begin 1anew text end, 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).

Sec. 13.

Minnesota Statutes 2020, section 609.3455, is amended to read:


609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL
RELEASE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section
260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, deleted text beginordeleted text end
609.3453,new text begin or 609.3458,new text end if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after the
sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was 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
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from one
place to another and did not release the complainant in a safe place.

(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.

(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.

(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for the first offense before the
commission of the present offense, and the convictions involved separate behavioral
incidents.

(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, new text begin609.3458, new text endor any similar statute of the United States,
this state, or any other state.

(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.

(j) An offender has "two previous sex offense convictions" only if the offender was
convicted and sentenced for a sex offense committed after the offender was earlier convicted
and sentenced for a sex offense and both convictions preceded the commission of the present
offense of conviction.

Subd. 2.

Mandatory life sentence without release; egregious first-time and repeat
offenders.

(a) Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person convicted under section 609.342, subdivision 1,
paragraph (c), (d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c), (d), (e), (f), or
(h), to life without the possibility of release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, deleted text beginordeleted text end 609.344, new text beginor 609.3458, new text endand the fact finder determines that a heinous element
exists for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.

Subd. 3.

Mandatory life sentence for egregious first-time offenders.

(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
court shall sentence a person to imprisonment for life if the person is convicted under section
609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h), or 609.343, subdivision 1, paragraph
(c), (d), (e), (f), or (h); and the fact finder determines that a heinous element exists.

(b) The fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343.

Subd. 3a.

Mandatory sentence for certain engrained offenders.

(a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less than
double the presumptive sentence under the sentencing guidelines and not more than the
statutory maximum, or if the statutory maximum is less than double the presumptive sentence,
for a period of time that is equal to the statutory maximum, if:

(1) the court is imposing an executed sentence on a person convicted of committing or
attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, deleted text beginordeleted text end 609.3453new text begin,
or 609.3458
new text end;

(2) the fact finder determines that the offender is a danger to public safety; and

(3) the fact finder determines that the offender's criminal sexual behavior is so engrained
that the risk of reoffending is great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending beyond the presumptive term of imprisonment
and supervised release.

(b) The fact finder shall base its determination that the offender is a danger to public
safety on any of the following factors:

(1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;

(2) the offender previously committed or attempted to commit a predatory crime or a
violation of section 609.224 or 609.2242, including:

(i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or

(ii) a violation or attempted violation of a similar law of any other state or the United
States; or

(3) the offender planned or prepared for the crime prior to its commission.

(c) As used in this section, "predatory crime" has the meaning given in section 609.341,
subdivision 22.

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating section 609.342, 609.343,
609.344, 609.345, deleted text beginordeleted text end 609.3453new text begin, or 609.3458new text end and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the fact finder determines that
the prior convictions and present offense involved at least three separate victims, and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment
for life for a violation of section 609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence are for violations of section
609.342, 609.343, 609.344, deleted text beginordeleted text end 609.3453, new text beginor 609.3458, new text endor any similar statute of the United
States, this state, or any other state.

Subd. 5.

Life sentences; minimum term of imprisonment.

At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release.

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the statutory
maximum sentence otherwise applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits an offender to the custody
of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344,
609.345, deleted text beginordeleted text end 609.3453, new text beginor 609.3458, new text endthe court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional release for
ten years.

Subd. 7.

Mandatory lifetime conditional release term.

(a) When a court sentences an
offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional release
for the remainder of the offender's life.

(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense,
when the court commits an offender to the custody of the commissioner of corrections for
a violation of section 609.342, 609.343, 609.344, 609.345, deleted text beginordeleted text end 609.3453, new text beginor 609.3458, new text endand
the offender has a previous or prior sex offense conviction, the court shall provide that, after
the offender has been released from prison, the commissioner shall place the offender on
conditional release for the remainder of the offender's life.

(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional
release for a violation of section 609.345, unless the offender's previous or prior sex offense
conviction is for a violation of section 609.342, 609.343, 609.344, deleted text beginordeleted text end 609.3453, new text beginor 609.3458,
new text end or any similar statute of the United States, this state, or any other state.

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, deleted text beginordeleted text end
609.3453new text begin, or 609.3458new text end. Except as provided in this subdivision, conditional release of sex
offenders is governed by provisions relating to supervised release. The commissioner of
corrections may not dismiss an offender on conditional release from supervision until the
offender's conditional release term expires.

(b) The conditions of release may include successful completion of treatment and aftercare
in a program approved by the commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person
released under this subdivision. The plan may include co-payments from offenders,
third-party payers, local agencies, or other funding sources as they are identified. This
section does not require the commissioner to accept or retain an offender in a treatment
program. Before the offender is placed on conditional release, the commissioner shall notify
the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced
of the terms of the offender's conditional release. The commissioner also shall make
reasonable efforts to notify the victim of the offender's crime of the terms of the offender's
conditional release.

(c) If the offender fails to meet any condition of release, the commissioner may revoke
the offender's conditional release and order that the offender serve all or a part of the
remaining portion of the conditional release term in prison. An offender, while on supervised
release, is not entitled to credit against the offender's conditional release term for time served
in confinement for a violation of release.

Subd. 9.

Applicability.

The provisions of this section do not affect the applicability of
Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or
the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

Subd. 10.

Presumptive executed sentence for repeat sex offenders.

Except as provided
in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or
609.3453 within 15 years of a previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than three years, nor more than
the maximum sentence provided by law for the offense for which convicted, notwithstanding
sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of
the sentence imposed under this subdivision only if it finds that a professional assessment
indicates the offender is accepted by and can respond to treatment at a long-term inpatient
program exclusively treating sex offenders and approved by the commissioner of corrections.
If the court stays the execution of a sentence, it shall include the following as conditions of
probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.

Sec. 14.

new text begin [609.3458] SEXUAL EXTORTION.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin (a) A person who engages in sexual contact with another
person and compels the other person to submit to the contact by making any of the following
threats, directly or indirectly, is guilty of sexual extortion:
new text end

new text begin (1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end

new text begin (2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end

new text begin (3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end

new text begin (4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end

new text begin (5) a threat to expose any fact or piece of information about the complainant, whether
true or false, that would tend to subject the complainant to hatred, contempt, ridicule,
discrimination, or to the disruption of the complainant's significant relationships or faith
practice; or
new text end

new text begin (6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end

new text begin (b) A person who engages in sexual penetration with another person and compels the
other person to submit to such penetration by making any of the following threats, directly
or indirectly, is guilty of sexual extortion:
new text end

new text begin (1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end

new text begin (2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end

new text begin (3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end

new text begin (4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end

new text begin (5) a threat to expose any fact or piece of information about the complainant, whether
true or false, that would tend to subject the complainant to hatred, contempt, ridicule,
discrimination, or to the disruption of the complainant's significant relationships or faith
practice; or
new text end

new text begin (6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) A person is guilty of a felony and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person violates subdivision 1, paragraph (a).
new text end

new text begin (b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates
subdivision 1, paragraph (b).
new text end

new text begin (c) A person convicted under this section is also subject to conditional release under
section 609.3455.
new text end

new text begin Subd. 3. new text end

new text begin No attempt charge. new text end

new text begin Notwithstanding section 609.17, no person may be charged
with or convicted of an attempt to commit a violation of this section.
new text end

Sec. 15. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary cross-reference changes and remove statutory
cross-references in Minnesota Statutes to conform with this act. The revisor may make
technical and other necessary changes to language and sentence structure to preserve the
meaning of the text.
new text end