SF 111

as introduced - 91st Legislature (2019 - 2020) Posted on 01/23/2019 03:12pm

A bill for an act
relating to public safety; increasing the maximum penalty and requiring predatory
offender registration for certain invasion of privacy crimes involving minors;
increasing penalties for child pornography offenses; requiring written justification
for court-imposed stays of adjudication for sex offenses; expanding criminal sexual
conduct offenses for persons in current or recent positions of authority over
juveniles and for peace officers who engage in sexual activity with those in custody;
eliminating the voluntary relationship defense for criminal sexual conduct crimes;
eliminating the exclusion from fifth degree criminal sexual conduct for
nonconsensual, intentional touching of another person's clothed buttock; amending
Minnesota Statutes 2018, sections 243.166, subdivision 1b; 609.095; 609.341,
subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 1; 609.746,
subdivision 1; 617.246, subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9;
repealing Minnesota Statutes 2018, section 609.349.

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

Section 1.

Minnesota Statutes 2018, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; deleted text begin or
deleted text end

(iv) indecent exposure under section 617.23, subdivision 3; new text begin or
new text end

new text begin (v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
new text end

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the
sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation
of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.095, is amended to read:

609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided in section 152.18 or 609.375, or upon agreement of the parties,
a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in
accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found
guilty by a court or jury following a trial. new text begin A decision by the court to issue a stay of
adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and
on the record.
new text end

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 609.341, subdivision 10, is amended to read:

Subd. 10.

new text begin Current or recent new text end position of authority.

" new text begin Current or recent new text end position of
authority" includes but is not limited to any person who is a parent or acting in the place of
a parent and charged with new text begin or assumes new text end any of a parent's rights, duties or responsibilities to
a child, or a person who is charged with new text begin or assumes new text end any duty or responsibility for the health,
welfare, or supervision of a child, either independently or through another, no matter how
brief, at the time of new text begin or within 120 days immediately preceding new text end the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 609.342, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual penetration with another
person, or in sexual contact with a person under 13 years of age as defined in section 609.341,
subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any
of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in a new text begin current or recent new text end position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish sexual penetration; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.343, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the second degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in a new text begin current or recent new text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish the sexual contact; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.344, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual penetration with another
person is guilty of criminal sexual conduct in the third degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 120
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in a new text begin current or recent new text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;

(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:

(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or

(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense; deleted text begin or
deleted text end

(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainant deleted text begin . deleted text end new text begin ; or
new text end

new text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.345, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the fourth degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in a new text begin current or recent new text end position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;

(c) the actor uses force or coercion to accomplish the sexual contact;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in a new text begin current or recent new text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual contact occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;

(k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:

(i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, deleted text begin the complainant is not
married to the actor, deleted text end and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense; deleted text begin or
deleted text end

(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainant deleted text begin . deleted text end new text begin ; or
new text end

new text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, section 609.3451, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person is guilty of criminal sexual conduct in the fifth
degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.

For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v) deleted text begin , but does not include the intentional
touching of the clothing covering the immediate area of the buttocks deleted text end . Sexual contact also
includes the intentional removal or attempted removal of clothing covering the complainant's
intimate parts or undergarments, and the nonconsensual touching by the complainant of the
actor's intimate parts, effected by the actor, if the action is performed with sexual or
aggressive intent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2018, section 609.746, subdivision 1, is amended to read:

Subdivision 1.

Surreptitious intrusion; observation device.

(a) A person is guilty of
a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(b) A person is guilty of a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(c) A person is guilty of a gross misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(d) A person is guilty of a gross misdemeanor who:

(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(e) A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:

(1) violates this subdivision after a previous conviction under this subdivision or section
609.749; or

(2) violates this subdivision against a minor under the age of 18, knowing or having
reason to know that the minor is present.

(f) new text begin A person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) or (d) against a minor victim under the age of 18; (2) the person is
more than 36 months older than the minor victim; (3) the person knows or has reason to
know that the minor victim is present; and (4) the violation is committed with sexual intent.
new text end

new text begin (g) new text end Paragraphs (b) and (d) do not apply to law enforcement officers or corrections
investigators, or to those acting under their direction, while engaged in the performance of
their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility;
or (2) a commercial establishment if the owner of the establishment has posted conspicuous
signs warning that the premises are under surveillance by the owner or the owner's employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 617.246, subdivision 2, is amended to read:

Subd. 2.

Use of minor.

new text begin (a) new text end 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 deleted text begin subdivision deleted text end new text begin paragraph new text end is guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000 deleted text begin for the first offense and $40,000 for a second or subsequent offense deleted text end , or both.

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2018, section 617.246, subdivision 3, is amended to read:

Subd. 3.

Operation or ownership of business.

new text begin (a) new text end A person who owns or operates a
business in which a pornographic work, as defined in this section, is disseminated to an
adult or a minor or is reproduced, and who knows the content and character of the
pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced
to imprisonment for not more than ten years, or to payment of a fine of not more than
$20,000 deleted text begin for the first offense and $40,000 for a second or subsequent offense deleted text end , or both.

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2018, section 617.246, subdivision 4, is amended to read:

Subd. 4.

Dissemination.

new text begin (a) new text end 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 may be sentenced to imprisonment for not more
than ten years, or to payment of a fine of not more than $20,000 deleted text begin for the first offense and
$40,000 for a second or subsequent offense deleted text end , or both.

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2018, section 617.246, subdivision 7, is amended to read:

Subd. 7.

Conditional release term.

Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begin ten deleted text end
new text begin 15 new text end years. The terms of conditional release are governed by section 609.3455, subdivision
8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2018, section 617.247, subdivision 3, is amended to read:

Subd. 3.

Dissemination prohibited.

(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than seven years deleted text begin and deleted text end new text begin or to
payment of new text end a fine of not more than $10,000 deleted text begin for a first offense and for not more than 15
years and a fine of not more than $20,000 for a second or subsequent offense deleted text end new text begin , or both new text end .

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years new text begin or to payment of a fine of not more than $20,000,
or both, new text end if new text begin :
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end

new text begin (2) new text end the violation occurs when the person is a registered predatory offender under section
243.166 new text begin ; or
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2018, 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, is guilty of a felony and may be sentenced to imprisonment
for not more than five years deleted text begin and deleted text end new text begin or to payment of new text end a fine of not more than $5,000 deleted text begin for a first
offense and for not more than ten years and a fine of not more than $10,000 for a second
or subsequent offense deleted text end new text begin , or both new text end .

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years new text begin or to payment of a fine of not more than $10,000,
or both, new text end if new text begin :
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end

new text begin (2) new text end the violation occurs when the person is a registered predatory offender under section
243.166 new text begin ; or
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2018, section 617.247, subdivision 9, is amended to read:

Subd. 9.

Conditional release term.

Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begin ten deleted text end
new text begin 15 new text end years. The terms of conditional release are governed by section 609.3455, subdivision
8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 17. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end

new text begin The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar
crimes, including other sex offenses and other offenses with similar maximum penalties.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 609.349, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-1019

609.349 VOLUNTARY RELATIONSHIPS.

A person does not commit criminal sexual conduct under sections 609.342, clauses (a) and (b), 609.343, clauses (a) and (b), 609.344, clauses (a), (b), (d), (e), and (n), and 609.345, clauses (a), (b), (d), (e), and (n), if the actor and complainant were adults cohabiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor's legal spouse, unless the couple is living apart and one of them has filed for legal separation or dissolution of the marriage. Nothing in this section shall be construed to prohibit or restrain the prosecution for any other offense committed by one legal spouse against the other.