HF 3201

as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:15pm

A bill for an act
relating to public safety; eliminating the voluntary relationship defense for
criminal sexual conduct crimes; amending definition of mentally incapacitated;
amending Minnesota Statutes 2012, sections 609.341, subdivision 7; 609.345,
subdivision 1; repealing Minnesota Statutes 2012, section 609.349.

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

Section 1.

Minnesota Statutes 2012, section 609.341, subdivision 7, is amended to read:

Subd. 7.

Mentally incapacitated.

"Mentally incapacitated" means that a person
under the influence of alcohol, a narcotic, anesthetic, or any other substance deleted text begin , administered
to that person without the person's agreement, deleted text end lacks the judgment to give a reasoned
consent to sexual contact or sexual penetration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.345, subdivision 1, is amended to read:

Subdivision 1.

Crime 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:

(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;

(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 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;

(c) the actor uses force or coercion to accomplish the sexual contact;

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

(e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a 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;

(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 force or 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;

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

(i) during the psychotherapy session; or

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

(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;

(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;

(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;

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

(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

(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;

(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;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, deleted text begin the complainant is not
married to the actor, deleted text end and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense; or

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 609.349, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end