SF 761

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; expanding the crimes of 
  1.3             criminal sexual conduct in the third and fourth 
  1.4             degrees to forbid certain acts involving school 
  1.5             employees and students; amending Minnesota Statutes 
  1.6             1996, sections 609.341, subdivision 11; 609.344, 
  1.7             subdivision 1; and 609.345, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 609.341, 
  1.10  subdivision 11, is amended to read: 
  1.11     Subd. 11.  (a) "Sexual contact," for the purposes of 
  1.12  sections 609.343, subdivision 1, clauses (a) to (f), and 
  1.13  609.345, subdivision 1, clauses (a) to (e), and (h) to (l), 
  1.14  includes any of the following acts committed without the 
  1.15  complainant's consent, except in those cases where consent is 
  1.16  not a defense, and committed with sexual or aggressive intent: 
  1.17     (i) the intentional touching by the actor of the 
  1.18  complainant's intimate parts, or 
  1.19     (ii) the touching by the complainant of the actor's, the 
  1.20  complainant's, or another's intimate parts effected by coercion 
  1.21  or the use of a position of authority, or by inducement if the 
  1.22  complainant is under 13 years of age or mentally impaired, or 
  1.23     (iii) the touching by another of the complainant's intimate 
  1.24  parts effected by coercion or the use of a position of 
  1.25  authority, or 
  1.26     (iv) in any of the cases above, the touching of the 
  2.1   clothing covering the immediate area of the intimate parts. 
  2.2      (b) "Sexual contact," for the purposes of sections 609.343, 
  2.3   subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
  2.4   clauses (f) and, (g), and (m), includes any of the following 
  2.5   acts committed with sexual or aggressive intent: 
  2.6      (i) the intentional touching by the actor of the 
  2.7   complainant's intimate parts; 
  2.8      (ii) the touching by the complainant of the actor's, the 
  2.9   complainant's, or another's intimate parts; 
  2.10     (iii) the touching by another of the complainant's intimate 
  2.11  parts; or 
  2.12     (iv) in any of the cases listed above, touching of the 
  2.13  clothing covering the immediate area of the intimate parts. 
  2.14     (c) "Sexual contact with a person under 13" means the 
  2.15  intentional touching of the complainant's bare genitals or anal 
  2.16  opening by the actor's bare genitals or anal opening with sexual 
  2.17  or aggressive intent or the touching by the complainant's bare 
  2.18  genitals or anal opening of the actor's or another's bare 
  2.19  genitals or anal opening with sexual or aggressive intent. 
  2.20     Sec. 2.  Minnesota Statutes 1996, section 609.344, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  2.23  sexual penetration with another person is guilty of criminal 
  2.24  sexual conduct in the third degree if any of the following 
  2.25  circumstances exists:  
  2.26     (a) the complainant is under 13 years of age and the actor 
  2.27  is no more than 36 months older than the complainant.  Neither 
  2.28  mistake as to the complainant's age nor consent to the act by 
  2.29  the complainant shall be a defense; 
  2.30     (b) the complainant is at least 13 but less than 16 years 
  2.31  of age and the actor is more than 24 months older than the 
  2.32  complainant.  In any such case it shall be an affirmative 
  2.33  defense, which must be proved by a preponderance of the 
  2.34  evidence, that the actor believes the complainant to be 16 years 
  2.35  of age or older.  If the actor in such a case is no more than 48 
  2.36  months but more than 24 months older than the complainant, the 
  3.1   actor may be sentenced to imprisonment for not more than five 
  3.2   years.  Consent by the complainant is not a defense; 
  3.3      (c) the actor uses force or coercion to accomplish the 
  3.4   penetration; 
  3.5      (d) the actor knows or has reason to know that the 
  3.6   complainant is mentally impaired, mentally incapacitated, or 
  3.7   physically helpless; 
  3.8      (e) the complainant is at least 16 but less than 18 years 
  3.9   of age and the actor is more than 48 months older than the 
  3.10  complainant and in a position of authority over the complainant, 
  3.11  and uses this authority to cause or induce the complainant to 
  3.12  submit.  Neither mistake as to the complainant's age nor consent 
  3.13  to the act by the complainant is a defense; 
  3.14     (f) the actor has a significant relationship to the 
  3.15  complainant and the complainant was at least 16 but under 18 
  3.16  years of age at the time of the sexual penetration.  Neither 
  3.17  mistake as to the complainant's age nor consent to the act by 
  3.18  the complainant is a defense; 
  3.19     (g) the actor has a significant relationship to the 
  3.20  complainant, the complainant was at least 16 but under 18 years 
  3.21  of age at the time of the sexual penetration, and: 
  3.22     (i) the actor or an accomplice used force or coercion to 
  3.23  accomplish the penetration; 
  3.24     (ii) the complainant suffered personal injury; or 
  3.25     (iii) the sexual abuse involved multiple acts committed 
  3.26  over an extended period of time.  
  3.27     Neither mistake as to the complainant's age nor consent to 
  3.28  the act by the complainant is a defense; 
  3.29     (h) the actor is a psychotherapist and the complainant is a 
  3.30  patient of the psychotherapist and the sexual penetration 
  3.31  occurred: 
  3.32     (i) during the psychotherapy session; or 
  3.33     (ii) outside the psychotherapy session if an ongoing 
  3.34  psychotherapist-patient relationship exists.  
  3.35     Consent by the complainant is not a defense; 
  3.36     (i) the actor is a psychotherapist and the complainant is a 
  4.1   former patient of the psychotherapist and the former patient is 
  4.2   emotionally dependent upon the psychotherapist; 
  4.3      (j) the actor is a psychotherapist and the complainant is a 
  4.4   patient or former patient and the sexual penetration occurred by 
  4.5   means of therapeutic deception.  Consent by the complainant is 
  4.6   not a defense; 
  4.7      (k) the actor accomplishes the sexual penetration by means 
  4.8   of deception or false representation that the penetration is for 
  4.9   a bona fide medical purpose.  Consent by the complainant is not 
  4.10  a defense; or 
  4.11     (1) the actor is or purports to be a member of the clergy, 
  4.12  the complainant is not married to the actor, and: 
  4.13     (i) the sexual penetration occurred during the course of a 
  4.14  meeting in which the complainant sought or received religious or 
  4.15  spiritual advice, aid, or comfort from the actor in private; or 
  4.16     (ii) the sexual penetration occurred during a period of 
  4.17  time in which the complainant was meeting on an ongoing basis 
  4.18  with the actor to seek or receive religious or spiritual advice, 
  4.19  aid, or comfort in private. 
  4.20     Consent by the complainant is not a defense; or 
  4.21     (m) the actor is an employee of an elementary or secondary 
  4.22  school and the complainant is 18 years of age or younger and a 
  4.23  student at the school.  Neither mistake as to the complainant's 
  4.24  age nor consent to the act by the complainant is a defense. 
  4.25     Sec. 3.  Minnesota Statutes 1996, section 609.345, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  4.28  sexual contact with another person is guilty of criminal sexual 
  4.29  conduct in the fourth degree if any of the following 
  4.30  circumstances exists: 
  4.31     (a) the complainant is under 13 years of age and the actor 
  4.32  is no more than 36 months older than the complainant.  Neither 
  4.33  mistake as to the complainant's age or consent to the act by the 
  4.34  complainant is a defense.  In a prosecution under this clause, 
  4.35  the state is not required to prove that the sexual contact was 
  4.36  coerced; 
  5.1      (b) the complainant is at least 13 but less than 16 years 
  5.2   of age and the actor is more than 48 months older than the 
  5.3   complainant or in a position of authority over the complainant 
  5.4   and uses this authority to cause the complainant to submit.  
  5.5   Consent by the complainant to the act is not a defense.  In any 
  5.6   such case, it shall be an affirmative defense which must be 
  5.7   proved by a preponderance of the evidence that the actor 
  5.8   believes the complainant to be 16 years of age or older; 
  5.9      (c) the actor uses force or coercion to accomplish the 
  5.10  sexual contact; 
  5.11     (d) the actor knows or has reason to know that the 
  5.12  complainant is mentally impaired, mentally incapacitated, or 
  5.13  physically helpless; 
  5.14     (e) the complainant is at least 16 but less than 18 years 
  5.15  of age and the actor is more than 48 months older than the 
  5.16  complainant and in a position of authority over the complainant, 
  5.17  and uses this authority to cause or induce the complainant to 
  5.18  submit.  Neither mistake as to the complainant's age nor consent 
  5.19  to the act by the complainant is a defense; 
  5.20     (f) the actor has a significant relationship to the 
  5.21  complainant and the complainant was at least 16 but under 18 
  5.22  years of age at the time of the sexual contact.  Neither mistake 
  5.23  as to the complainant's age nor consent to the act by the 
  5.24  complainant is a defense; 
  5.25     (g) the actor has a significant relationship to the 
  5.26  complainant, the complainant was at least 16 but under 18 years 
  5.27  of age at the time of the sexual contact, and: 
  5.28     (i) the actor or an accomplice used force or coercion to 
  5.29  accomplish the contact; 
  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     (h) the actor is a psychotherapist and the complainant is a 
  5.36  patient of the psychotherapist and the sexual contact occurred: 
  6.1      (i) during the psychotherapy session; or 
  6.2      (ii) outside the psychotherapy session if an ongoing 
  6.3   psychotherapist-patient relationship exists. 
  6.4      Consent by the complainant is not a defense; 
  6.5      (i) the actor is a psychotherapist and the complainant is a 
  6.6   former patient of the psychotherapist and the former patient is 
  6.7   emotionally dependent upon the psychotherapist; 
  6.8      (j) the actor is a psychotherapist and the complainant is a 
  6.9   patient or former patient and the sexual contact occurred by 
  6.10  means of therapeutic deception.  Consent by the complainant is 
  6.11  not a defense; 
  6.12     (k) the actor accomplishes the sexual contact by means of 
  6.13  deception or false representation that the contact is for a bona 
  6.14  fide medical purpose.  Consent by the complainant is not a 
  6.15  defense; or 
  6.16     (1) the actor is or purports to be a member of the clergy, 
  6.17  the complainant is not married to the actor, and: 
  6.18     (i) the sexual contact occurred during the course of a 
  6.19  meeting in which the complainant sought or received religious or 
  6.20  spiritual advice, aid, or comfort from the actor in private; or 
  6.21     (ii) the sexual contact occurred during a period of time in 
  6.22  which the complainant was meeting on an ongoing basis with the 
  6.23  actor to seek or receive religious or spiritual advice, aid, or 
  6.24  comfort in private. 
  6.25     Consent by the complainant is not a defense; or 
  6.26     (m) the actor is an employee of an elementary or secondary 
  6.27  school and the complainant is 18 years of age or younger and a 
  6.28  student at the school.  Neither mistake as to the complainant's 
  6.29  age nor consent to the act by the complainant is a defense. 
  6.30     Sec. 4.  [EFFECTIVE DATE.] 
  6.31     Sections 1 to 3 are effective August 1, 1997, and apply to 
  6.32  crimes committed on or after that date.