Minnesota Legislature
HF 341
1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/15/2019 03:07pm
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19
2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 3.1 3.2 3.3
3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18
3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1
4.2 4.3
4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20 4.21
4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32
5.1 5.2
5.3 5.4 5.5 5.6 5.7
A bill for an act
relating to public safety; increasing penalties for child pornography offenses;
reviewing sentencing guidelines; amending Minnesota Statutes 2018, sections
617.246, subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 617.246, subdivision 2, is amended to read:
Subd. 2.
Use of minor.
new text begin (a) new text end It is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.
Any person who violates this deleted text begin subdivisiondeleted text end new text begin paragraph new text end 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 deleted text begin for the first offense and $40,000 for a second or subsequent offensedeleted text end , or both.
new text begin
(b) A person who violates paragraph (a) 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 $40,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a minor under the age of 13 years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 617.246, subdivision 3, is amended to read:
Subd. 3.
Operation or ownership of business.
new text begin (a) new text end A person who owns or operates a
business in which a pornographic work, as defined in this section, is disseminated to an
adult or a minor or is reproduced, and who knows the content and character of the
pornographic work disseminated or reproduced, 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 deleted text begin for the first offense and $40,000 for a second or subsequent offensedeleted text end , or both.
new text begin
(b) A person who violates paragraph (a) 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 $40,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a minor under the age of 13 years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2018, section 617.246, subdivision 4, is amended to read:
Subd. 4.
Dissemination.
new text begin (a) new text end A person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor a pornographic work, as defined
in this section, 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 deleted text begin for the first offense and
$40,000 for a second or subsequent offensedeleted text end , or both.
new text begin
(b) A person who violates paragraph (a) 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 $40,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a minor under the age of 13 years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2018, section 617.246, subdivision 7, is amended to read:
Subd. 7.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begin tendeleted text end
new text begin 15 new text end years. The terms of conditional release are governed by section 609.3455, subdivision
8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2018, section 617.247, subdivision 3, is amended to read:
Subd. 3.
Dissemination prohibited.
(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than seven years deleted text begin anddeleted text end new text begin or to
payment of new text end a fine of not more than $10,000 deleted text begin for a first offense and for not more than 15
years and a fine of not more than $20,000 for a second or subsequent offensedeleted text end new text begin , or bothnew text end .
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 yearsnew text begin or to payment of a fine of not more than $20,000,
or both,new text end ifnew text begin :
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end
new text begin (2) new text end the violation occurs when the person is a registered predatory offender under section
243.166new text begin ; or
new text end
new text begin (3) the violation involved a minor under the age of 13 yearsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2018, section 617.247, subdivision 4, is amended to read:
Subd. 4.
Possession prohibited.
(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, is guilty of a felony and may be sentenced to imprisonment
for not more than five years deleted text begin anddeleted text end new text begin or to payment of new text end a fine of not more than $5,000 deleted text begin for a first
offense and for not more than ten years and a fine of not more than $10,000 for a second
or subsequent offensedeleted text end new text begin , or bothnew text end .
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years new text begin or to payment of a fine of not more than $10,000,
or both, new text end ifnew text begin :
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end
new text begin (2) new text end the violation occurs when the person is a registered predatory offender under section
243.166new text begin ; or
new text end
new text begin (3) the violation involved a minor under the age of 13 yearsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2018, section 617.247, subdivision 9, is amended to read:
Subd. 9.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begin tendeleted text end
new text begin 15 new text end years. The terms of conditional release are governed by section 609.3455, subdivision
8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 8. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end
new text begin
The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar
crimes, including other sex offenses and other offenses with similar maximum penalties.
new text end