1.1                          A bill for an act 
  1.2             relating to crimes; defining the crimes of sexual 
  1.3             conduct in third and fourth degrees to include persons 
  1.4             who sexually penetrate vulnerable adults under certain 
  1.5             circumstances and who are agents of special 
  1.6             transportation service providers; requiring a 
  1.7             mandatory sentence for violation of certain criminal 
  1.8             sexual conduct in the second degree offenses; 
  1.9             providing for payment of criminal sexual conduct 
  1.10            examinations; prescribing penalties; amending 
  1.11            Minnesota Statutes 2000, sections 609.341, by adding a 
  1.12            subdivision; 609.343, subdivision 2; 609.349; 609.35; 
  1.13            Minnesota Statutes 2001 Supplement, sections 609.344, 
  1.14            subdivision 1; 609.345, subdivision 1. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 609.341, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 21.  [SPECIAL TRANSPORTATION.] "Special 
  1.19  transportation service" means motor vehicle transportation 
  1.20  provided on a regular basis by a public or private entity or 
  1.21  person that is intended exclusively or primarily to serve 
  1.22  individuals who are vulnerable adults, handicapped, or 
  1.23  disabled.  Special transportation service includes, but is not 
  1.24  limited to, service provided by buses, vans, taxis, and 
  1.25  volunteers driving private automobiles. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 609.343, 
  1.27  subdivision 2, is amended to read: 
  1.28     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  1.29  section 609.109, a person convicted under subdivision 1 may be 
  1.30  sentenced to imprisonment for not more than 25 years or to a 
  2.1   payment of a fine of not more than $35,000, or both. 
  2.2      (b) Unless a longer mandatory minimum sentence is otherwise 
  2.3   required by law or the sentencing guidelines provide for a 
  2.4   longer presumptive executed sentence, the court shall presume 
  2.5   that an executed sentence of 90 months must be imposed on an 
  2.6   offender convicted of violating subdivision 1, clause (c), (d), 
  2.7   (e), (f), or (h).  Sentencing a person in a manner other than 
  2.8   that described in this paragraph is a departure from the 
  2.9   sentencing guidelines. 
  2.10     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  2.11  609.344, subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  2.13  sexual penetration with another person is guilty of criminal 
  2.14  sexual conduct in the third degree if any of the following 
  2.15  circumstances exists:  
  2.16     (a) the complainant is under 13 years of age and the actor 
  2.17  is no more than 36 months older than the complainant.  Neither 
  2.18  mistake as to the complainant's age nor consent to the act by 
  2.19  the complainant shall be a defense; 
  2.20     (b) the complainant is at least 13 but less than 16 years 
  2.21  of age and the actor is more than 24 months older than the 
  2.22  complainant.  In any such case it shall be an affirmative 
  2.23  defense, which must be proved by a preponderance of the 
  2.24  evidence, that the actor believes the complainant to be 16 years 
  2.25  of age or older.  If the actor in such a case is no more than 48 
  2.26  months but more than 24 months older than the complainant, the 
  2.27  actor may be sentenced to imprisonment for not more than five 
  2.28  years.  Consent by the complainant is not a defense; 
  2.29     (c) the actor uses force or coercion to accomplish the 
  2.30  penetration; 
  2.31     (d) the actor knows or has reason to know that the 
  2.32  complainant is mentally impaired, mentally incapacitated, or 
  2.33  physically helpless; 
  2.34     (e) the complainant is at least 16 but less than 18 years 
  2.35  of age and the actor is more than 48 months older than the 
  2.36  complainant and in a position of authority over the complainant. 
  3.1   Neither mistake as to the complainant's age nor consent to the 
  3.2   act by the complainant is a defense; 
  3.3      (f) the actor has a significant relationship to the 
  3.4   complainant and the complainant was at least 16 but under 18 
  3.5   years of age at the time of the sexual penetration.  Neither 
  3.6   mistake as to the complainant's age nor consent to the act by 
  3.7   the complainant is a defense; 
  3.8      (g) the actor has a significant relationship to the 
  3.9   complainant, the complainant was at least 16 but under 18 years 
  3.10  of age at the time of the sexual penetration, and: 
  3.11     (i) the actor or an accomplice used force or coercion to 
  3.12  accomplish the penetration; 
  3.13     (ii) the complainant suffered personal injury; or 
  3.14     (iii) the sexual abuse involved multiple acts committed 
  3.15  over an extended period of time.  
  3.16     Neither mistake as to the complainant's age nor consent to 
  3.17  the act by the complainant is a defense; 
  3.18     (h) the actor is a psychotherapist and the complainant is a 
  3.19  patient of the psychotherapist and the sexual penetration 
  3.20  occurred: 
  3.21     (i) during the psychotherapy session; or 
  3.22     (ii) outside the psychotherapy session if an ongoing 
  3.23  psychotherapist-patient relationship exists.  
  3.24     Consent by the complainant is not a defense; 
  3.25     (i) the actor is a psychotherapist and the complainant is a 
  3.26  former patient of the psychotherapist and the former patient is 
  3.27  emotionally dependent upon the psychotherapist; 
  3.28     (j) the actor is a psychotherapist and the complainant is a 
  3.29  patient or former patient and the sexual penetration occurred by 
  3.30  means of therapeutic deception.  Consent by the complainant is 
  3.31  not a defense; 
  3.32     (k) the actor accomplishes the sexual penetration by means 
  3.33  of deception or false representation that the penetration is for 
  3.34  a bona fide medical purpose.  Consent by the complainant is not 
  3.35  a defense; 
  3.36     (1) the actor is or purports to be a member of the clergy, 
  4.1   the complainant is not married to the actor, and: 
  4.2      (i) the sexual penetration occurred during the course of a 
  4.3   meeting in which the complainant sought or received religious or 
  4.4   spiritual advice, aid, or comfort from the actor in private; or 
  4.5      (ii) the sexual penetration occurred during a period of 
  4.6   time in which the complainant was meeting on an ongoing basis 
  4.7   with the actor to seek or receive religious or spiritual advice, 
  4.8   aid, or comfort in private.  Consent by the complainant is not a 
  4.9   defense; or 
  4.10     (m) the actor is an employee, independent contractor, or 
  4.11  volunteer of a state, county, city, or privately operated adult 
  4.12  or juvenile correctional system, including, but not limited to, 
  4.13  jails, prisons, detention centers, or work release facilities, 
  4.14  and the complainant is a resident of a facility or under 
  4.15  supervision of the correctional system.  Consent by the 
  4.16  complainant is not a defense; or 
  4.17     (n) the actor provides or is an agent of an entity that 
  4.18  provides special transportation service, the complainant used 
  4.19  the special transportation service, and the sexual penetration 
  4.20  occurred during or immediately before or after the actor 
  4.21  transported the complainant.  Consent by the complainant is not 
  4.22  a defense. 
  4.23     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  4.24  609.345, subdivision 1, is amended to read: 
  4.25     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  4.26  sexual contact with another person is guilty of criminal sexual 
  4.27  conduct in the fourth degree if any of the following 
  4.28  circumstances exists: 
  4.29     (a) the complainant is under 13 years of age and the actor 
  4.30  is no more than 36 months older than the complainant.  Neither 
  4.31  mistake as to the complainant's age or consent to the act by the 
  4.32  complainant is a defense.  In a prosecution under this clause, 
  4.33  the state is not required to prove that the sexual contact was 
  4.34  coerced; 
  4.35     (b) the complainant is at least 13 but less than 16 years 
  4.36  of age and the actor is more than 48 months older than the 
  5.1   complainant or in a position of authority over the complainant.  
  5.2   Consent by the complainant to the act is not a defense.  In any 
  5.3   such case, it shall be an affirmative defense which must be 
  5.4   proved by a preponderance of the evidence that the actor 
  5.5   believes the complainant to be 16 years of age or older; 
  5.6      (c) the actor uses force or coercion to accomplish the 
  5.7   sexual contact; 
  5.8      (d) the actor knows or has reason to know that the 
  5.9   complainant is mentally impaired, mentally incapacitated, or 
  5.10  physically helpless; 
  5.11     (e) the complainant is at least 16 but less than 18 years 
  5.12  of age and the actor is more than 48 months older than the 
  5.13  complainant and in a position of authority over the complainant. 
  5.14  Neither mistake as to the complainant's age nor consent to the 
  5.15  act by the complainant is a defense; 
  5.16     (f) the actor has a significant relationship to the 
  5.17  complainant and the complainant was at least 16 but under 18 
  5.18  years of age at the time of the sexual contact.  Neither mistake 
  5.19  as to the complainant's age nor consent to the act by the 
  5.20  complainant is a defense; 
  5.21     (g) the actor has a significant relationship to the 
  5.22  complainant, the complainant was at least 16 but under 18 years 
  5.23  of age at the time of the sexual contact, and: 
  5.24     (i) the actor or an accomplice used force or coercion to 
  5.25  accomplish the contact; 
  5.26     (ii) the complainant suffered personal injury; or 
  5.27     (iii) the sexual abuse involved multiple acts committed 
  5.28  over an extended period of time.  
  5.29     Neither mistake as to the complainant's age nor consent to 
  5.30  the act by the complainant is a defense; 
  5.31     (h) the actor is a psychotherapist and the complainant is a 
  5.32  patient of the psychotherapist and the sexual contact occurred: 
  5.33     (i) during the psychotherapy session; or 
  5.34     (ii) outside the psychotherapy session if an ongoing 
  5.35  psychotherapist-patient relationship exists.  Consent by the 
  5.36  complainant is not a defense; 
  6.1      (i) the actor is a psychotherapist and the complainant is a 
  6.2   former patient of the psychotherapist and the former patient is 
  6.3   emotionally dependent upon the psychotherapist; 
  6.4      (j) the actor is a psychotherapist and the complainant is a 
  6.5   patient or former patient and the sexual contact occurred by 
  6.6   means of therapeutic deception.  Consent by the complainant is 
  6.7   not a defense; 
  6.8      (k) the actor accomplishes the sexual contact by means of 
  6.9   deception or false representation that the contact is for a bona 
  6.10  fide medical purpose.  Consent by the complainant is not a 
  6.11  defense; 
  6.12     (1) the actor is or purports to be a member of the clergy, 
  6.13  the complainant is not married to the actor, and: 
  6.14     (i) the sexual contact occurred during the course of a 
  6.15  meeting in which the complainant sought or received religious or 
  6.16  spiritual advice, aid, or comfort from the actor in private; or 
  6.17     (ii) the sexual contact occurred during a period of time in 
  6.18  which the complainant was meeting on an ongoing basis with the 
  6.19  actor to seek or receive religious or spiritual advice, aid, or 
  6.20  comfort in private.  Consent by the complainant is not a 
  6.21  defense; or 
  6.22     (m) the actor is an employee, independent contractor, or 
  6.23  volunteer of a state, county, city, or privately operated adult 
  6.24  or juvenile correctional system, including, but not limited to, 
  6.25  jails, prisons, detention centers, or work release facilities, 
  6.26  and the complainant is a resident of a facility or under 
  6.27  supervision of the correctional system.  Consent by the 
  6.28  complainant is not a defense; or 
  6.29     (n) the actor provides or is an agent of an entity that 
  6.30  provides special transportation service, the complainant used 
  6.31  the special transportation service, the complainant is not 
  6.32  married to the actor, and the sexual contact occurred during or 
  6.33  immediately before or after the actor transported the 
  6.34  complainant.  Consent by the complainant is not a defense. 
  6.35     Sec. 5.  Minnesota Statutes 2000, section 609.349, is 
  6.36  amended to read: 
  7.1      609.349 [VOLUNTARY RELATIONSHIPS.] 
  7.2      A person does not commit criminal sexual conduct under 
  7.3   sections 609.342, clauses (a) and (b), 609.343, clauses (a) and 
  7.4   (b), 609.344, clauses (a), (b), (d), and (e), and (n), and 
  7.5   609.345, clauses (a), (b), (d), and (e), and (n), if the actor 
  7.6   and complainant were adults cohabiting in an ongoing voluntary 
  7.7   sexual relationship at the time of the alleged offense, or if 
  7.8   the complainant is the actor's legal spouse, unless the couple 
  7.9   is living apart and one of them has filed for legal separation 
  7.10  or dissolution of the marriage.  Nothing in this section shall 
  7.11  be construed to prohibit or restrain the prosecution for any 
  7.12  other offense committed by one legal spouse against the other. 
  7.13     Sec. 6.  Minnesota Statutes 2000, section 609.35, is 
  7.14  amended to read: 
  7.15     609.35 [COSTS OF MEDICAL EXAMINATION.] 
  7.16     No Costs incurred by a county, city, or private hospital or 
  7.17  other emergency medical facility or by a private physician for 
  7.18  the examination of a complainant of criminal sexual conduct when 
  7.19  the examination is performed for the purpose of gathering 
  7.20  evidence for possible prosecution, shall be charged directly or 
  7.21  indirectly to the complainant paid by the county in which the 
  7.22  alleged offense was committed.  The Reasonable costs of the 
  7.23  examination shall be paid by the county in which the alleged 
  7.24  offense was committed include, but are not limited to, full cost 
  7.25  of the rape kit examination, associated tests relating to the 
  7.26  complainant's sexually transmitted disease status, and pregnancy 
  7.27  status.  Nothing in this section shall be construed to limit the 
  7.28  duties, responsibilities, or liabilities of any insurer, whether 
  7.29  public or private. 
  7.30     Sec. 7.  [EFFECTIVE DATE.] 
  7.31     Sections 1 and 3 to 5 are effective August 1, 2002, and 
  7.32  apply to crimes committed on or after that date.  Section 2 is 
  7.33  effective the day following final enactment and applies to 
  7.34  crimes committed on or after that day.  Section 6 is effective 
  7.35  the day following final enactment.