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:
Minnesota Statutes 2006, section 609.352, is amended to read:
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.
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 bothdeleted text end new text begin as
provided in subdivision 4new text end .
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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:
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(1) soliciting a child or someone the person reasonably believes is a child to engage
in sexual conduct;
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(2) engaging in communication relating to or describing sexual conduct with a child
or someone the person reasonably believes is a child; or
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(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.
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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.
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new text begin (a) new text end Mistake as to age is not a defense to a prosecution under
this section.
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(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.
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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.
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This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
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