SF 643

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; making it a crime to use the Internet to solicit children to
engage in sexual conduct, communicate with children in a sexually explicit
manner, or distribute sexually explicit material to children; providing penalties;
amending Minnesota Statutes 2006, section 609.352.

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

Section 1.

Minnesota Statutes 2006, section 609.352, is amended to read:

609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL
CONDUCT new text begin ; COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO
CHILDREN new text end .

Subdivision 1.

Definitions.

As used in this section:

(a) "child" means a person 15 years of age or younger;

(b) "sexual conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as defined in
section 617.246; and

(c) "solicit" means commanding, entreating, or attempting to persuade a specific
person in person, by telephone, by letter, or by computerized or other electronic means.

Subd. 2.

Prohibited act.

A person 18 years of age or older who solicits a child or
someone the person reasonably believes is a child to engage in sexual conduct with intent
to engage in sexual conduct is guilty of a felony and may be sentenced deleted text begin to imprisonment
for not more than three years, or to payment of a fine of not more than $5,000, or both deleted text end new text begin as
provided in subdivision 4 new text end .

new text begin Subd. 2a. new text end

new text begin Internet or computer solicitation of children. new text end

new text begin A person 18 years of
age or older who uses the Internet or a computer, computer program, computer network,
or computer system to commit any of the following acts, with the intent to arouse the
sexual desire of any person, is guilty of a felony and may be sentenced as provided in
subdivision 4:
new text end

new text begin (1) soliciting a child or someone the person reasonably believes is a child to engage
in sexual conduct;
new text end

new text begin (2) engaging in communication relating to or describing sexual conduct with a child
or someone the person reasonably believes is a child; or
new text end

new text begin (3) distributing any material, language, or communication, including a photographic
or video image, that relates to or describes sexual conduct to a child or someone the
person reasonably believes is a child.
new text end

new text begin Subd. 2b. new text end

new text begin Jurisdiction. new text end

new text begin A person may be convicted of an offense under subdivision
2a if the transmission that constitutes the offense either originates within this state or is
received within this state.
new text end

Subd. 3.

Defenses.

new text begin (a) new text end Mistake as to age is not a defense to a prosecution under
this section.

new text begin (b) The fact that an undercover operative or law enforcement officer was involved
in the detection or investigation of an offense under this section does not constitute a
defense to a prosecution under this section.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person convicted under subdivision 2 or 2a is guilty of a felony
and may be sentenced to imprisonment for not more than three years, or to payment of
a fine of not more than $5,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end