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SF 1451

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:56pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to public safety; creating an affirmative defense to certain child
pornography offenses; amending Minnesota Statutes 2020, sections 617.246,
subdivision 6; 617.247, subdivision 8.

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

Section 1.

Minnesota Statutes 2020, section 617.246, subdivision 6, is amended to read:


Subd. 6.

Affirmative defense.

new text begin (a) new text end It shall be an affirmative defense to a charge of
violating this section that the sexual performance or pornographic work was produced using
only persons who were 18 years or older.

new text begin (b) It shall be an affirmative defense to a charge of violating subdivision 2, paragraph
(a); subdivision 2, paragraph (b), clause (3); subdivision 4, paragraph (a); and subdivision
4, paragraph (b), clause (3), that the defendant was under the age of 18 at the time of the
offense and the sexual performance or pornographic work only depicted the defendant.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2020, section 617.247, subdivision 8, is amended to read:


Subd. 8.

Affirmative defense.

new text begin (a) new text end It shall be an affirmative defense to a charge of
violating this section that the pornographic work was produced using only persons who
were 18 years or older.

new text begin (b) It shall be an affirmative defense to a charge of violating subdivision 3, paragraph
(a); subdivision 3, paragraph (b), clause (3); subdivision 4, paragraph (a); and subdivision
4, paragraph (b), clause (3), that the defendant was under the age of 18 at the time of the
offense and the pornographic work only depicted the defendant.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
 new text end