SF 537

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for mandatory 
  1.3             revocation of a teacher's license for certain 
  1.4             offenses; clarifying that a court may not refuse to 
  1.5             adjudicate a defendant's guilt except upon agreement 
  1.6             of the parties; amending the criminal sexual conduct 
  1.7             statutes to criminalize certain acts committed by 
  1.8             persons in a position of authority, even where the 
  1.9             authority was not used to cause the victim to submit; 
  1.10            amending Minnesota Statutes 1996, sections 125.09, by 
  1.11            adding a subdivision; 609.095; 609.341, subdivisions 
  1.12            11 and 12; 609.342, subdivision 1; 609.343, 
  1.13            subdivision 1; 609.344, subdivision 1; and 609.345, 
  1.14            subdivision 1.  
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 125.09, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 1a.  [MANDATORY REVOCATION OF LICENSE.] The board of 
  1.19  teaching or state board of education shall permanently revoke a 
  1.20  teacher's license to teach if the board learns that the teacher 
  1.21  has ever been convicted of an offense for which registration is 
  1.22  required under section 243.166 or has been convicted of a 
  1.23  violation of section 609.3451. 
  1.24     Sec. 2.  Minnesota Statutes 1996, section 609.095, is 
  1.25  amended to read: 
  1.26     609.095 [LIMITS OF SENTENCES.] 
  1.27     (a) The legislature has the exclusive authority to define 
  1.28  crimes and offenses and the range of the sentences or 
  1.29  punishments for their violation.  No other or different sentence 
  1.30  or punishment shall be imposed for the commission of a crime 
  2.1   than is authorized by this chapter or other applicable law.  
  2.2      (b) Except as provided in section 152.18 or upon agreement 
  2.3   of the parties, a court may not refuse to adjudicate the guilt 
  2.4   of a defendant who tenders a guilty plea in accordance with 
  2.5   Minnesota Rules of Criminal Procedure, rule 15, or who has been 
  2.6   found guilty by a court or jury following a trial. 
  2.7      (c) This section does not supersede Minnesota Rules of 
  2.8   Criminal Procedure, rule 26.04. 
  2.9      (d) Notwithstanding Minnesota Rules of Criminal Procedure, 
  2.10  rule 28.04, subdivision 2, clause (6), when the prosecuting 
  2.11  attorney appeals a stay of adjudication a court may not order 
  2.12  that the defendant's attorneys fees and costs be paid by the 
  2.13  governmental unit responsible for the prosecution. 
  2.14     (e) Notwithstanding Minnesota Rules of Criminal Procedure, 
  2.15  rule 28.04, subdivision 2, clause (8), the prosecuting attorney 
  2.16  may appeal a stay of adjudication within 30 days after the 
  2.17  defense, or the clerk of court pursuant to Minnesota Rules of 
  2.18  Criminal Procedure, rule 33.03, subsequently serves notice of 
  2.19  entry of the order appealed from upon the prosecuting attorney 
  2.20  or within 30 days after the prosecuting attorney is notified in 
  2.21  court on the record of the order, whichever occurs first. 
  2.22     Sec. 3.  Minnesota Statutes 1996, section 609.341, 
  2.23  subdivision 11, is amended to read: 
  2.24     Subd. 11.  (a) "Sexual contact," for the purposes of 
  2.25  sections 609.343, subdivision 1, clauses (a) to (f), and 
  2.26  609.345, subdivision 1, clauses (a) to (e), and (h) to (l), 
  2.27  includes any of the following acts committed without the 
  2.28  complainant's consent, except in those cases where consent is 
  2.29  not a defense, and committed with sexual or aggressive intent: 
  2.30     (i) the intentional touching by the actor of the 
  2.31  complainant's intimate parts, or 
  2.32     (ii) the touching by the complainant of the actor's, the 
  2.33  complainant's, or another's intimate parts effected by a person 
  2.34  in a position of authority, or by coercion or the use of a 
  2.35  position of authority, or by inducement if the complainant is 
  2.36  under 13 years of age or mentally impaired, or 
  3.1      (iii) the touching by another of the complainant's intimate 
  3.2   parts effected by coercion or the use of or by a person in a 
  3.3   position of authority, or 
  3.4      (iv) in any of the cases above, the touching of the 
  3.5   clothing covering the immediate area of the intimate parts. 
  3.6      (b) "Sexual contact," for the purposes of sections 609.343, 
  3.7   subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
  3.8   clauses (f) and (g), includes any of the following acts 
  3.9   committed with sexual or aggressive intent: 
  3.10     (i) the intentional touching by the actor of the 
  3.11  complainant's intimate parts; 
  3.12     (ii) the touching by the complainant of the actor's, the 
  3.13  complainant's, or another's intimate parts; 
  3.14     (iii) the touching by another of the complainant's intimate 
  3.15  parts; or 
  3.16     (iv) in any of the cases listed above, touching of the 
  3.17  clothing covering the immediate area of the intimate parts. 
  3.18     (c) "Sexual contact with a person under 13" means the 
  3.19  intentional touching of the complainant's bare genitals or anal 
  3.20  opening by the actor's bare genitals or anal opening with sexual 
  3.21  or aggressive intent or the touching by the complainant's bare 
  3.22  genitals or anal opening of the actor's or another's bare 
  3.23  genitals or anal opening with sexual or aggressive intent. 
  3.24     Sec. 4.  Minnesota Statutes 1996, section 609.341, 
  3.25  subdivision 12, is amended to read: 
  3.26     Subd. 12.  "Sexual penetration" means any of the following 
  3.27  acts committed without the complainant's consent, except in 
  3.28  those cases where consent is not a defense, whether or not 
  3.29  emission of semen occurs: 
  3.30     (1) sexual intercourse, cunnilingus, fellatio, or anal 
  3.31  intercourse; or 
  3.32     (2) any intrusion however slight into the genital or anal 
  3.33  openings: 
  3.34     (i) of the complainant's body by any part of the actor's 
  3.35  body or any object used by the actor for this purpose; 
  3.36     (ii) of the complainant's body by any part of the body of 
  4.1   the complainant, by any part of the body of another person, or 
  4.2   by any object used by the complainant or another person for this 
  4.3   purpose, when effected by a person in a position of authority, 
  4.4   or by coercion or the use of a position of authority, or by 
  4.5   inducement if the child is under 13 years of age or mentally 
  4.6   impaired; or 
  4.7      (iii) of the body of the actor or another person by any 
  4.8   part of the body of the complainant or by any object used by the 
  4.9   complainant for this purpose, when effected by a person in a 
  4.10  position of authority, or by coercion or the use of a position 
  4.11  of authority, or by inducement if the child is under 13 years of 
  4.12  age or mentally impaired. 
  4.13     Sec. 5.  Minnesota Statutes 1996, section 609.342, 
  4.14  subdivision 1, is amended to read: 
  4.15     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  4.16  sexual penetration with another person, or in sexual contact 
  4.17  with a person under 13 years of age as defined in section 
  4.18  609.341, subdivision 11, paragraph (c), is guilty of criminal 
  4.19  sexual conduct in the first degree if any of the following 
  4.20  circumstances exists: 
  4.21     (a) the complainant is under 13 years of age and the actor 
  4.22  is more than 36 months older than the complainant.  Neither 
  4.23  mistake as to the complainant's age nor consent to the act by 
  4.24  the complainant is a defense; 
  4.25     (b) the complainant is at least 13 years of age but less 
  4.26  than 16 years of age and the actor is more than 48 months older 
  4.27  than the complainant and in a position of authority over the 
  4.28  complainant, and uses this authority to cause the complainant to 
  4.29  submit.  Neither mistake as to the complainant's age nor consent 
  4.30  to the act by the complainant is a defense; 
  4.31     (c) circumstances existing at the time of the act cause the 
  4.32  complainant to have a reasonable fear of imminent great bodily 
  4.33  harm to the complainant or another; 
  4.34     (d) the actor is armed with a dangerous weapon or any 
  4.35  article used or fashioned in a manner to lead the complainant to 
  4.36  reasonably believe it to be a dangerous weapon and uses or 
  5.1   threatens to use the weapon or article to cause the complainant 
  5.2   to submit; 
  5.3      (e) the actor causes personal injury to the complainant, 
  5.4   and either of the following circumstances exist: 
  5.5      (i) the actor uses force or coercion to accomplish sexual 
  5.6   penetration; or 
  5.7      (ii) the actor knows or has reason to know that the 
  5.8   complainant is mentally impaired, mentally incapacitated, or 
  5.9   physically helpless; 
  5.10     (f) the actor is aided or abetted by one or more 
  5.11  accomplices within the meaning of section 609.05, and either of 
  5.12  the following circumstances exists: 
  5.13     (i) an accomplice uses force or coercion to cause the 
  5.14  complainant to submit; or 
  5.15     (ii) an accomplice is armed with a dangerous weapon or any 
  5.16  article used or fashioned in a manner to lead the complainant 
  5.17  reasonably to believe it to be a dangerous weapon and uses or 
  5.18  threatens to use the weapon or article to cause the complainant 
  5.19  to submit; 
  5.20     (g) the actor has a significant relationship to the 
  5.21  complainant and the complainant was under 16 years of age at the 
  5.22  time of the sexual penetration.  Neither mistake as to the 
  5.23  complainant's age nor consent to the act by the complainant is a 
  5.24  defense; or 
  5.25     (h) the actor has a significant relationship to the 
  5.26  complainant, the complainant was under 16 years of age at the 
  5.27  time of the sexual penetration, and: 
  5.28     (i) the actor or an accomplice used force or coercion to 
  5.29  accomplish the penetration; 
  5.30     (ii) the complainant suffered personal injury; or 
  5.31     (iii) the sexual abuse involved multiple acts committed 
  5.32  over an extended period of time. 
  5.33     Neither mistake as to the complainant's age nor consent to 
  5.34  the act by the complainant is a defense. 
  5.35     Sec. 6.  Minnesota Statutes 1996, section 609.343, 
  5.36  subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  6.2   sexual contact with another person is guilty of criminal sexual 
  6.3   conduct in the second degree if any of the following 
  6.4   circumstances exists: 
  6.5      (a) the complainant is under 13 years of age and the actor 
  6.6   is more than 36 months older than the complainant.  Neither 
  6.7   mistake as to the complainant's age nor consent to the act by 
  6.8   the complainant is a defense.  In a prosecution under this 
  6.9   clause, the state is not required to prove that the sexual 
  6.10  contact was coerced; 
  6.11     (b) the complainant is at least 13 but less than 16 years 
  6.12  of age and the actor is more than 48 months older than the 
  6.13  complainant and in a position of authority over the complainant, 
  6.14  and uses this authority to cause the complainant to submit.  
  6.15  Neither mistake as to the complainant's age nor consent to the 
  6.16  act by the complainant is a defense; 
  6.17     (c) circumstances existing at the time of the act cause the 
  6.18  complainant to have a reasonable fear of imminent great bodily 
  6.19  harm to the complainant or another; 
  6.20     (d) the actor is armed with a dangerous weapon or any 
  6.21  article used or fashioned in a manner to lead the complainant to 
  6.22  reasonably believe it to be a dangerous weapon and uses or 
  6.23  threatens to use the dangerous weapon to cause the complainant 
  6.24  to submit; 
  6.25     (e) the actor causes personal injury to the complainant, 
  6.26  and either of the following circumstances exist: 
  6.27     (i) the actor uses force or coercion to accomplish the 
  6.28  sexual contact; or 
  6.29     (ii) the actor knows or has reason to know that the 
  6.30  complainant is mentally impaired, mentally incapacitated, or 
  6.31  physically helpless; 
  6.32     (f) the actor is aided or abetted by one or more 
  6.33  accomplices within the meaning of section 609.05, and either of 
  6.34  the following circumstances exists: 
  6.35     (i) an accomplice uses force or coercion to cause the 
  6.36  complainant to submit; or 
  7.1      (ii) an accomplice is armed with a dangerous weapon or any 
  7.2   article used or fashioned in a manner to lead the complainant to 
  7.3   reasonably believe it to be a dangerous weapon and uses or 
  7.4   threatens to use the weapon or article to cause the complainant 
  7.5   to submit; 
  7.6      (g) the actor has a significant relationship to the 
  7.7   complainant and the complainant was under 16 years of age at the 
  7.8   time of the sexual contact.  Neither mistake as to the 
  7.9   complainant's age nor consent to the act by the complainant is a 
  7.10  defense; or 
  7.11     (h) the actor has a significant relationship to the 
  7.12  complainant, the complainant was under 16 years of age at the 
  7.13  time of the sexual contact, and: 
  7.14     (i) the actor or an accomplice used force or coercion to 
  7.15  accomplish the contact; 
  7.16     (ii) the complainant suffered personal injury; or 
  7.17     (iii) the sexual abuse involved multiple acts committed 
  7.18  over an extended period of time. 
  7.19     Neither mistake as to the complainant's age nor consent to 
  7.20  the act by the complainant is a defense. 
  7.21     Sec. 7.  Minnesota Statutes 1996, section 609.344, 
  7.22  subdivision 1, is amended to read: 
  7.23     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  7.24  sexual penetration with another person is guilty of criminal 
  7.25  sexual conduct in the third degree if any of the following 
  7.26  circumstances exists:  
  7.27     (a) the complainant is under 13 years of age and the actor 
  7.28  is no more than 36 months older than the complainant.  Neither 
  7.29  mistake as to the complainant's age nor consent to the act by 
  7.30  the complainant shall be a defense; 
  7.31     (b) the complainant is at least 13 but less than 16 years 
  7.32  of age and the actor is more than 24 months older than the 
  7.33  complainant.  In any such case it shall be an affirmative 
  7.34  defense, which must be proved by a preponderance of the 
  7.35  evidence, that the actor believes the complainant to be 16 years 
  7.36  of age or older.  If the actor in such a case is no more than 48 
  8.1   months but more than 24 months older than the complainant, the 
  8.2   actor may be sentenced to imprisonment for not more than five 
  8.3   years.  Consent by the complainant is not a defense; 
  8.4      (c) the actor uses force or coercion to accomplish the 
  8.5   penetration; 
  8.6      (d) the actor knows or has reason to know that the 
  8.7   complainant is mentally impaired, mentally incapacitated, or 
  8.8   physically helpless; 
  8.9      (e) the complainant is at least 16 but less than 18 years 
  8.10  of age and the actor is more than 48 months older than the 
  8.11  complainant and in a position of authority over the complainant, 
  8.12  and uses this authority to cause or induce the complainant to 
  8.13  submit.  Neither mistake as to the complainant's age nor consent 
  8.14  to the act by the complainant is a defense; 
  8.15     (f) the actor has a significant relationship to the 
  8.16  complainant and the complainant was at least 16 but under 18 
  8.17  years of age at the time of the sexual penetration.  Neither 
  8.18  mistake as to the complainant's age nor consent to the act by 
  8.19  the complainant is a defense; 
  8.20     (g) the actor has a significant relationship to the 
  8.21  complainant, the complainant was at least 16 but under 18 years 
  8.22  of age at the time of the sexual penetration, and: 
  8.23     (i) the actor or an accomplice used force or coercion to 
  8.24  accomplish the penetration; 
  8.25     (ii) the complainant suffered personal injury; or 
  8.26     (iii) the sexual abuse involved multiple acts committed 
  8.27  over an extended period of time.  
  8.28     Neither mistake as to the complainant's age nor consent to 
  8.29  the act by the complainant is a defense; 
  8.30     (h) the actor is a psychotherapist and the complainant is a 
  8.31  patient of the psychotherapist and the sexual penetration 
  8.32  occurred: 
  8.33     (i) during the psychotherapy session; or 
  8.34     (ii) outside the psychotherapy session if an ongoing 
  8.35  psychotherapist-patient relationship exists.  
  8.36     Consent by the complainant is not a defense; 
  9.1      (i) the actor is a psychotherapist and the complainant is a 
  9.2   former patient of the psychotherapist and the former patient is 
  9.3   emotionally dependent upon the psychotherapist; 
  9.4      (j) the actor is a psychotherapist and the complainant is a 
  9.5   patient or former patient and the sexual penetration occurred by 
  9.6   means of therapeutic deception.  Consent by the complainant is 
  9.7   not a defense; 
  9.8      (k) the actor accomplishes the sexual penetration by means 
  9.9   of deception or false representation that the penetration is for 
  9.10  a bona fide medical purpose.  Consent by the complainant is not 
  9.11  a defense; or 
  9.12     (1) the actor is or purports to be a member of the clergy, 
  9.13  the complainant is not married to the actor, and: 
  9.14     (i) the sexual penetration occurred during the course of a 
  9.15  meeting in which the complainant sought or received religious or 
  9.16  spiritual advice, aid, or comfort from the actor in private; or 
  9.17     (ii) the sexual penetration occurred during a period of 
  9.18  time in which the complainant was meeting on an ongoing basis 
  9.19  with the actor to seek or receive religious or spiritual advice, 
  9.20  aid, or comfort in private. 
  9.21     Consent by the complainant is not a defense.  
  9.22     Sec. 8.  Minnesota Statutes 1996, section 609.345, 
  9.23  subdivision 1, is amended to read: 
  9.24     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  9.25  sexual contact with another person is guilty of criminal sexual 
  9.26  conduct in the fourth degree if any of the following 
  9.27  circumstances exists: 
  9.28     (a) the complainant is under 13 years of age and the actor 
  9.29  is no more than 36 months older than the complainant.  Neither 
  9.30  mistake as to the complainant's age or consent to the act by the 
  9.31  complainant is a defense.  In a prosecution under this clause, 
  9.32  the state is not required to prove that the sexual contact was 
  9.33  coerced; 
  9.34     (b) the complainant is at least 13 but less than 16 years 
  9.35  of age and the actor is more than 48 months older than the 
  9.36  complainant or in a position of authority over the complainant 
 10.1   and uses this authority to cause the complainant to submit.  
 10.2   Consent by the complainant to the act is not a defense.  In any 
 10.3   such case, it shall be an affirmative defense which must be 
 10.4   proved by a preponderance of the evidence that the actor 
 10.5   believes the complainant to be 16 years of age or older; 
 10.6      (c) the actor uses force or coercion to accomplish the 
 10.7   sexual contact; 
 10.8      (d) the actor knows or has reason to know that the 
 10.9   complainant is mentally impaired, mentally incapacitated, or 
 10.10  physically helpless; 
 10.11     (e) the complainant is at least 16 but less than 18 years 
 10.12  of age and the actor is more than 48 months older than the 
 10.13  complainant and in a position of authority over the complainant, 
 10.14  and uses this authority to cause or induce the complainant to 
 10.15  submit.  Neither mistake as to the complainant's age nor consent 
 10.16  to the act by the complainant is a defense; 
 10.17     (f) the actor has a significant relationship to the 
 10.18  complainant and the complainant was at least 16 but under 18 
 10.19  years of age at the time of the sexual contact.  Neither mistake 
 10.20  as to the complainant's age nor consent to the act by the 
 10.21  complainant is a defense; 
 10.22     (g) the actor has a significant relationship to the 
 10.23  complainant, the complainant was at least 16 but under 18 years 
 10.24  of age at the time of the sexual contact, and: 
 10.25     (i) the actor or an accomplice used force or coercion to 
 10.26  accomplish the contact; 
 10.27     (ii) the complainant suffered personal injury; or 
 10.28     (iii) the sexual abuse involved multiple acts committed 
 10.29  over an extended period of time.  
 10.30     Neither mistake as to the complainant's age nor consent to 
 10.31  the act by the complainant is a defense; 
 10.32     (h) the actor is a psychotherapist and the complainant is a 
 10.33  patient of the psychotherapist and the sexual contact occurred: 
 10.34     (i) during the psychotherapy session; or 
 10.35     (ii) outside the psychotherapy session if an ongoing 
 10.36  psychotherapist-patient relationship exists. 
 11.1      Consent by the complainant is not a defense; 
 11.2      (i) the actor is a psychotherapist and the complainant is a 
 11.3   former patient of the psychotherapist and the former patient is 
 11.4   emotionally dependent upon the psychotherapist; 
 11.5      (j) the actor is a psychotherapist and the complainant is a 
 11.6   patient or former patient and the sexual contact occurred by 
 11.7   means of therapeutic deception.  Consent by the complainant is 
 11.8   not a defense; 
 11.9      (k) the actor accomplishes the sexual contact by means of 
 11.10  deception or false representation that the contact is for a bona 
 11.11  fide medical purpose.  Consent by the complainant is not a 
 11.12  defense; or 
 11.13     (1) the actor is or purports to be a member of the clergy, 
 11.14  the complainant is not married to the actor, and: 
 11.15     (i) the sexual contact occurred during the course of a 
 11.16  meeting in which the complainant sought or received religious or 
 11.17  spiritual advice, aid, or comfort from the actor in private; or 
 11.18     (ii) the sexual contact occurred during a period of time in 
 11.19  which the complainant was meeting on an ongoing basis with the 
 11.20  actor to seek or receive religious or spiritual advice, aid, or 
 11.21  comfort in private. 
 11.22     Consent by the complainant is not a defense.  
 11.23     Sec. 9.  [EFFECTIVE DATE.] 
 11.24     Section 1 is effective August 1, 1998. 
 11.25     Sections 3 to 8 are effective August 1, 1998, and apply to 
 11.26  crimes committed on or after that date.