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HF 4470

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 09:57am

KEY: stricken = removed, old language.
underscored = added, new language.
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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 2019 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 2019 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 beginmay be sentenced to
imprisonment for not more than ten years or
deleted text endnew text begin shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 25 years, and sentenced
new 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 beginmay be sentenced to
imprisonment for not more than 15 years or
deleted text endnew text begin shall be committed to the commissioner of
corrections for not less than 25 years, nor more than 30 years, and sentenced
new 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), 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 endnew text begin.
new text end

deleted text begin (3) the violation involved a minor under the age of 13 years.
deleted text end

Sec. 2.

Minnesota Statutes 2019 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 beginmay be sentenced to imprisonment for
not more than ten years, or
deleted text endnew text begin shall be committed to the commissioner of corrections for not
less than ten years, nor more than 20 years, and sentenced
new 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 beginmay be sentenced to
imprisonment for not more than 15 years or
deleted text endnew text begin shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 25 years, and sentenced
new 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 begina sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or
new text endviolating 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 endnew text begin.
new text end

deleted text begin (3) the violation involved a minor under the age of 13 years.
deleted text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 617.247, subdivision 3, is amended
to read:


Subd. 3.

Dissemination new text beginor receipt new text endprohibited.

(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 beginmay be sentenced to
imprisonment for not more than seven years or
deleted text endnew text begin shall be committed to the commissioner of
corrections for not less than five years, nor more than 20 years, and sentenced
new 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 beginmay be sentenced to
imprisonment for not more than 15 years or
deleted text endnew text begin shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 25 years, and sentenced
new 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 begina sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or
new text endviolating 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 endnew text begin.
new text end

deleted text begin (3) the violation involved a minor under the age of 13 years.
deleted text end

Sec. 4.

Minnesota Statutes 2019 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 beginfivedeleted text endnew text begin tennew text end years deleted text beginordeleted text endnew text begin and sentencednew text end to payment of a fine of not more than $5,000deleted text begin, or
both
deleted 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 begintendeleted text endnew text begin 15new text end years deleted text beginordeleted text endnew 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), 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 endnew text begin.
new text end

deleted text begin (3) the violation involved a minor under the age of 13 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