Minnesota Legislature
HF 3881
as introduced - 92nd Legislature (2021 - 2022) Posted on 05/21/2022 11:45pm
Bill Text Versions
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| Introduction | Posted on 03/03/2022 |
Current Version - as introduced
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A bill for an act
relating to public safety; increasing penalties for creating, distributing, and
possessing sexually explicit materials involving children; amending Minnesota
Statutes 2020, section 617.247, subdivision 2, by adding a subdivision; Minnesota
Statutes 2021 Supplement, sections 617.246, subdivisions 2, 4; 617.247,
subdivisions 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2021 Supplement, section 617.246, subdivision 2, is amended
to read:
Subd. 2.
Use of minor.
(a) 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 paragraph is guilty of a felony and deleted text begin may be sentenced to
imprisonment for not more than ten years ordeleted text end new text begin shall be committed to the commissioner of
corrections for not less than ten years, nor more than 25 years, and sentencednew text end to payment
of a fine of not more than $20,000deleted text begin , or bothdeleted text end .
(b) A person who violates paragraph (a) is guilty of a felony and deleted text begin may be sentenced to
imprisonment for not more than 15 years ordeleted text end new text begin shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 30 years, and sentencednew text end to payment of
a fine of not more than $40,000deleted text begin , or both,deleted text end if:
(1) the person has a prior conviction or delinquency adjudication fornew text begin a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), ornew text end violating this section or section
617.247;new text begin or
new text end
(2) the violation occurs when the person is a registered predatory offender under section
243.166deleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the violation involved a minor under the age of 14 years.
deleted text end
Sec. 2.
Minnesota Statutes 2021 Supplement, section 617.246, subdivision 4, is amended
to read:
Subd. 4.
Disseminationnew text begin for profitnew text end .
(a) 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 deleted text begin may be sentenced to imprisonment for
not more than ten years, ordeleted text end new text begin shall be committed to the commissioner of corrections for not
less than five years, nor more than 20 years, and sentencednew text end to payment of a fine of not more
than $20,000deleted text begin , or bothdeleted text end .
(b) A person who violates paragraph (a) is guilty of a felony and deleted text begin may be sentenced to
imprisonment for not more than 15 years ordeleted text end new text begin shall be committed to the commissioner of
corrections for not less than ten years, nor more than 25 years, and sentencednew text end to payment
of a fine of not more than $40,000deleted text begin , or both,deleted text end if:
(1) the person has a prior conviction or delinquency adjudication for new text begin a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or new text end violating this section or section
617.247;new text begin or
new text end
(2) the violation occurs when the person is a registered predatory offender under section
243.166deleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the violation involved a minor under the age of 14 years.
deleted text end
Sec. 3.
Minnesota Statutes 2020, section 617.247, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For purposes of this section, the following terms have the meanings
given them:
(a) "Pornographic work" has the meaning given to it in section 617.246.
new text begin
(b) "Receive" means to voluntarily and knowingly take into one's possession.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Sexual conduct" has the meaning given to it in section 617.246.
Sec. 4.
Minnesota Statutes 2021 Supplement, section 617.247, subdivision 3, is amended
to read:
Subd. 3.
Dissemination new text begin or receipt new text end prohibited.
(a) A person who disseminates
pornographic work to an adult or a minornew text begin or receives a pornographic worknew text end , knowing or with
reason to know its content and character, is guilty of a felony and deleted text begin may be sentenced to
imprisonment for not more than seven years ordeleted text end new text begin shall be committed to the commissioner of
corrections for not less than three years, nor more than 20 years, and sentencednew text end to payment
of a fine of not more than $10,000deleted text begin , or bothdeleted text end .
(b) A person who violates paragraph (a) is guilty of a felony and deleted text begin may be sentenced to
imprisonment for not more than 15 years ordeleted text end new text begin shall be committed to the commissioner of
corrections for not less than ten years, nor more than 25 years, and sentencednew text end to payment
of a fine of not more than $20,000deleted text begin , or both,deleted text end if:
(1) the person has a prior conviction or delinquency adjudication for new text begin a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or new text end violating this section or section
617.246;new text begin or
new text end
(2) the violation occurs when the person is a registered predatory offender under section
243.166deleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the violation involved a minor under the age of 14 years.
deleted text end
Sec. 5.
Minnesota Statutes 2021 Supplement, 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,new text begin or attempts to access the same with the intent to view
pornographic work,new text end is guilty of a felony and may be sentenced to imprisonment for not
more than deleted text begin fivedeleted text end new text begin tennew text end years deleted text begin ordeleted text end new text begin and sentencednew text end to payment of a fine of not more than $5,000deleted text begin , or
bothdeleted text end .
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin tendeleted text end new text begin 15new text end years deleted text begin ordeleted text end new text begin and sentencednew text end to payment of a fine of not
more than $10,000deleted text begin , or both,deleted text end if:
(1) the person has a prior conviction or delinquency adjudication fornew text begin a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), ornew text end violating this section or section
617.246;new text begin or
new text end
(2) the violation occurs when the person is a registered predatory offender under section
243.166deleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the violation involved a minor under the age of 14 years.
deleted text end
new text begin
(c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 20 years and sentenced to payment of a fine of not more
than $20,000 if the violation involved a minor under the age of 13 years.
new text end
Sec. 6.
Minnesota Statutes 2020, section 617.247, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Mandatory terms of probation. new text end
new text begin
If a person is convicted under subdivision
4, paragraph (a), and the court does not commit the offender to the custody of the
commissioner of corrections, the court must include the following as minimum conditions
of probation:
new text end
new text begin
(1) incarceration in a local jail or workhouse for at least eight months;
new text end
new text begin
(2) a requirement that the offender complete an appropriate sex offender treatment
program at the offender's own expense; and
new text end
new text begin
(3) a requirement that the offender have no unsupervised contact with minors for not
less than five years.
new text end