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HF 3026

as introduced - 90th Legislature (2017 - 2018) Posted on 02/26/2018 02:26pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; expanding the fifth-degree criminal sexual conduct crime;
amending Minnesota Statutes 2016, section 609.3451, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2016, section 609.3451, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

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

(1) if 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 deleted text begin sectiondeleted text end new text begin paragraphnew text end , "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.

new text begin (b) A person is guilty of criminal sexual conduct in the fifth degree if the person, while
acting with sexual intent and without the complainant's consent, intentionally touches the
clothing covering the immediate area of the complainant's buttocks.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2016, section 609.3451, subdivision 3, is amended to read:


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
the person violates this section within seven years of:

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

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

(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, 2018, and applies to crimes
committed on or after that date.
 new text end