SF 2433

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; defining the crime of criminal 
  1.3             abuse of vulnerable adults to include subjecting those 
  1.4             adults to involuntary servitude or cruel discipline; 
  1.5             defining the crime of financial exploitation of 
  1.6             vulnerable adults to include swindling or otherwise 
  1.7             using artifices or tricks on those adults; defining 
  1.8             the crimes of sexual conduct in third and fourth 
  1.9             degrees to include persons who sexually penetrate 
  1.10            vulnerable adults under certain circumstances and who 
  1.11            are agents of special transportation service 
  1.12            providers; prescribing penalties; amending Minnesota 
  1.13            Statutes 2000, sections 388.051, subdivision 2; 
  1.14            609.232, subdivision 11; 609.2325, subdivision 1; 
  1.15            609.2335; 609.341, by adding a subdivision; Minnesota 
  1.16            Statutes 2001 Supplement, sections 609.344, 
  1.17            subdivision 1; 609.345, subdivision 1. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2000, section 388.051, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  [SPECIAL PROVISIONS.] (a) In Anoka, Carver, 
  1.22  Dakota, Hennepin, Scott, and Washington counties, only the 
  1.23  county attorney shall prosecute gross misdemeanor violations of 
  1.24  sections 289A.63, subdivisions 1, 2, 4, and 6; 
  1.25  297B.10; 609.2325, subdivision 1, paragraph (a); 609.255, 
  1.26  subdivision 3; 609.377; 609.378; 609.41; and 617.247.  
  1.27     (b) In Ramsey county, only the county attorney shall 
  1.28  prosecute gross misdemeanor violations of sections 609.2325, 
  1.29  subdivision 1, paragraph (a); 609.255, subdivision 3; 609.377; 
  1.30  and 609.378. 
  1.31     (c) The county attorney shall prosecute failure to report 
  2.1   physical or sexual child abuse or neglect as provided under 
  2.2   section 626.556, subdivision 6, violations of fifth-degree 
  2.3   criminal sexual conduct under section 609.3451, and 
  2.4   environmental law violations under sections 115.071, 299F.098, 
  2.5   and 609.671. 
  2.6      Sec. 2.  Minnesota Statutes 2000, section 609.232, 
  2.7   subdivision 11, is amended to read: 
  2.8      Subd. 11.  [VULNERABLE ADULT.] "Vulnerable adult" means any 
  2.9   person 18 years of age or older who: 
  2.10     (1) is a resident inpatient of a facility; 
  2.11     (2) receives services at or from a facility required to be 
  2.12  licensed to serve adults under sections 245A.01 to 245A.15, 
  2.13  except that a person receiving outpatient services for treatment 
  2.14  of chemical dependency or mental illness, or one who is 
  2.15  committed as a sexual psychopathic personality or as a sexually 
  2.16  dangerous person under chapter 253B, is not considered a 
  2.17  vulnerable adult unless the person meets the requirements of 
  2.18  clause (4); 
  2.19     (3) receives services from a home care provider required to 
  2.20  be licensed under section 144A.46; or from a person or 
  2.21  organization that exclusively offers, provides, or arranges for 
  2.22  personal care assistant services under the medical assistance 
  2.23  program as authorized under sections 256B.04, subdivision 16, 
  2.24  256B.0625, subdivision 19a, and 256B.0627; or 
  2.25     (4) regardless of residence or whether any type of service 
  2.26  is received, possesses a physical or mental infirmity or other 
  2.27  physical, mental, or emotional dysfunction: 
  2.28     (i) that impairs the individual's ability to provide 
  2.29  adequately for the individual's own care without assistance, 
  2.30  including the provision of food, shelter, clothing, health care, 
  2.31  or supervision; and 
  2.32     (ii) because of the dysfunction or infirmity and the need 
  2.33  for assistance, the individual has an impaired that impairs the 
  2.34  individual's ability to protect the individual from 
  2.35  maltreatment; or 
  2.36     (5) is a ward or conservatee. 
  3.1      Sec. 3.  Minnesota Statutes 2000, section 609.2325, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [CRIMES.] (a) A caregiver who, with intent 
  3.4   to produce physical or mental pain or injury to a vulnerable 
  3.5   adult, by an intentional act or a series of acts with respect to 
  3.6   a vulnerable adult, subjects a vulnerable adult to any aversive 
  3.7   or deprivation procedure, unreasonable confinement, or 
  3.8   involuntary seclusion, involuntary servitude, or evidences 
  3.9   unreasonable force or cruel discipline that is excessive under 
  3.10  the circumstances is guilty of criminal abuse and may be 
  3.11  sentenced as provided in subdivision 3. 
  3.12     This paragraph does not apply to therapeutic conduct. 
  3.13     (b) A caregiver, facility staff person, or person providing 
  3.14  services in a facility who engages in sexual contact or 
  3.15  penetration, as defined in section 609.341, under circumstances 
  3.16  other than those described in sections 609.342 to 609.345, with 
  3.17  a resident, patient, or client of the facility is guilty of 
  3.18  criminal abuse and may be sentenced as provided in subdivision 3.
  3.19     Sec. 4.  Minnesota Statutes 2000, section 609.2335, is 
  3.20  amended to read: 
  3.21     609.2335 [FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.] 
  3.22     Subdivision 1.  [CRIME.] Whoever does any of the following 
  3.23  acts commits the crime of financial exploitation:  
  3.24     (1) in breach of a fiduciary obligation recognized 
  3.25  elsewhere in law, including pertinent regulations, contractual 
  3.26  obligations, documented consent by a competent person, or the 
  3.27  obligations of a responsible party under section 144.6501 
  3.28  intentionally fails to use the financial resources of the 
  3.29  vulnerable adult to provide food, clothing, shelter, health 
  3.30  care, therapeutic conduct, or supervision for the vulnerable 
  3.31  adult; or 
  3.32     (2) in the absence of legal authority: 
  3.33     (i) acquires possession or control of an interest in funds 
  3.34  or property of a vulnerable adult through the use of undue 
  3.35  influence, harassment, or duress; or 
  3.36     (ii) forces, compels, coerces, or entices swindles, whether 
  4.1   by artifice, trick, device, or any other means, a vulnerable 
  4.2   adult against the vulnerable adult's will to perform services 
  4.3   for the profit or advantage of another. 
  4.4      Subd. 2.  [DEFENSES.] Nothing in this section requires a 
  4.5   facility or caregiver to provide financial management or 
  4.6   supervise financial management for a vulnerable adult except as 
  4.7   otherwise required by law. 
  4.8      Subd. 3.  [CRIMINAL PENALTIES.] A person who violates 
  4.9   subdivision 1, clause (1) or (2), item (i), may be sentenced as 
  4.10  provided in section 609.52, subdivision 3.  A person who 
  4.11  violates subdivision 1, clause (2), item (ii), may be sentenced 
  4.12  to imprisonment for not more than one year or to payment of a 
  4.13  fine of not more than $3,000, or both. 
  4.14     Sec. 5.  Minnesota Statutes 2000, section 609.341, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 21.  [SPECIAL TRANSPORTATION.] "Special 
  4.17  transportation service" means motor vehicle transportation 
  4.18  provided on a regular basis by a public or private entity or 
  4.19  person that is intended exclusively or primarily to serve 
  4.20  individuals who are vulnerable adults, elderly, handicapped, or 
  4.21  disabled.  Special transportation service includes, but is not 
  4.22  limited to, service provided by buses, vans, taxis, and 
  4.23  volunteers driving private automobiles. 
  4.24     Sec. 6.  Minnesota Statutes 2001 Supplement, section 
  4.25  609.344, subdivision 1, is amended to read: 
  4.26     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  4.27  sexual penetration with another person is guilty of criminal 
  4.28  sexual conduct in the third degree if any of the following 
  4.29  circumstances exists:  
  4.30     (a) the complainant is under 13 years of age and the actor 
  4.31  is no more than 36 months older than the complainant.  Neither 
  4.32  mistake as to the complainant's age nor consent to the act by 
  4.33  the complainant shall be a defense; 
  4.34     (b) the complainant is at least 13 but less than 16 years 
  4.35  of age and the actor is more than 24 months older than the 
  4.36  complainant.  In any such case it shall be an affirmative 
  5.1   defense, which must be proved by a preponderance of the 
  5.2   evidence, that the actor believes the complainant to be 16 years 
  5.3   of age or older.  If the actor in such a case is no more than 48 
  5.4   months but more than 24 months older than the complainant, the 
  5.5   actor may be sentenced to imprisonment for not more than five 
  5.6   years.  Consent by the complainant is not a defense; 
  5.7      (c) the actor uses force or coercion to accomplish the 
  5.8   penetration; 
  5.9      (d) the actor knows or has reason to know that the 
  5.10  complainant is mentally impaired, mentally incapacitated, or 
  5.11  physically helpless; 
  5.12     (e) the complainant is at least 16 but less than 18 years 
  5.13  of age and the actor is more than 48 months older than the 
  5.14  complainant and in a position of authority over the complainant. 
  5.15  Neither mistake as to the complainant's age nor consent to the 
  5.16  act by the complainant is a defense; 
  5.17     (f) the actor has a significant relationship to the 
  5.18  complainant and the complainant was at least 16 but under 18 
  5.19  years of age at the time of the sexual penetration.  Neither 
  5.20  mistake as to the complainant's age nor consent to the act by 
  5.21  the complainant is a defense; 
  5.22     (g) the actor has a significant relationship to the 
  5.23  complainant, the complainant was at least 16 but under 18 years 
  5.24  of age at the time of the sexual penetration, and: 
  5.25     (i) the actor or an accomplice used force or coercion to 
  5.26  accomplish the penetration; 
  5.27     (ii) the complainant suffered personal injury; or 
  5.28     (iii) the sexual abuse involved multiple acts committed 
  5.29  over an extended period of time.  
  5.30     Neither mistake as to the complainant's age nor consent to 
  5.31  the act by the complainant is a defense; 
  5.32     (h) the actor is a psychotherapist and the complainant is a 
  5.33  patient of the psychotherapist and the sexual penetration 
  5.34  occurred: 
  5.35     (i) during the psychotherapy session; or 
  5.36     (ii) outside the psychotherapy session if an ongoing 
  6.1   psychotherapist-patient relationship exists.  
  6.2      Consent by the complainant is not a defense; 
  6.3      (i) the actor is a psychotherapist and the complainant is a 
  6.4   former patient of the psychotherapist and the former patient is 
  6.5   emotionally dependent upon the psychotherapist; 
  6.6      (j) the actor is a psychotherapist and the complainant is a 
  6.7   patient or former patient and the sexual penetration occurred by 
  6.8   means of therapeutic deception.  Consent by the complainant is 
  6.9   not a defense; 
  6.10     (k) the actor accomplishes the sexual penetration by means 
  6.11  of deception or false representation that the penetration is for 
  6.12  a bona fide medical purpose.  Consent by the complainant is not 
  6.13  a defense; 
  6.14     (1) the actor is or purports to be a member of the clergy, 
  6.15  the complainant is not married to the actor, and: 
  6.16     (i) the sexual penetration occurred during the course of a 
  6.17  meeting in which the complainant sought or received religious or 
  6.18  spiritual advice, aid, or comfort from the actor in private; or 
  6.19     (ii) the sexual penetration occurred during a period of 
  6.20  time in which the complainant was meeting on an ongoing basis 
  6.21  with the actor to seek or receive religious or spiritual advice, 
  6.22  aid, or comfort in private.  Consent by the complainant is not a 
  6.23  defense; or 
  6.24     (m) the actor is an employee, independent contractor, or 
  6.25  volunteer of a state, county, city, or privately operated adult 
  6.26  or juvenile correctional system, including, but not limited to, 
  6.27  jails, prisons, detention centers, or work release facilities, 
  6.28  and the complainant is a resident of a facility or under 
  6.29  supervision of the correctional system.  Consent by the 
  6.30  complainant is not a defense; or 
  6.31     (n) the actor provides or is an agent of an entity that 
  6.32  provides special transportation service, the complainant used 
  6.33  the special transportation service, and the sexual penetration 
  6.34  occurred during or immediately before or after the actor 
  6.35  transported the complainant.  Consent by the complainant is not 
  6.36  a defense. 
  7.1      Sec. 7.  Minnesota Statutes 2001 Supplement, section 
  7.2   609.345, subdivision 1, is amended to read: 
  7.3      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  7.4   sexual contact with another person is guilty of criminal sexual 
  7.5   conduct in the fourth degree if any of the following 
  7.6   circumstances exists: 
  7.7      (a) the complainant is under 13 years of age and the actor 
  7.8   is no more than 36 months older than the complainant.  Neither 
  7.9   mistake as to the complainant's age or consent to the act by the 
  7.10  complainant is a defense.  In a prosecution under this clause, 
  7.11  the state is not required to prove that the sexual contact was 
  7.12  coerced; 
  7.13     (b) the complainant is at least 13 but less than 16 years 
  7.14  of age and the actor is more than 48 months older than the 
  7.15  complainant or in a position of authority over the complainant.  
  7.16  Consent by the complainant to the act is not a defense.  In any 
  7.17  such case, it shall be an affirmative defense which must be 
  7.18  proved by a preponderance of the evidence that the actor 
  7.19  believes the complainant to be 16 years of age or older; 
  7.20     (c) the actor uses force or coercion to accomplish the 
  7.21  sexual contact; 
  7.22     (d) the actor knows or has reason to know that the 
  7.23  complainant is mentally impaired, mentally incapacitated, or 
  7.24  physically helpless; 
  7.25     (e) the complainant is at least 16 but less than 18 years 
  7.26  of age and the actor is more than 48 months older than the 
  7.27  complainant and in a position of authority over the complainant. 
  7.28  Neither mistake as to the complainant's age nor consent to the 
  7.29  act by the complainant is a defense; 
  7.30     (f) the actor has a significant relationship to the 
  7.31  complainant and the complainant was at least 16 but under 18 
  7.32  years of age at the time of the sexual contact.  Neither mistake 
  7.33  as to the complainant's age nor consent to the act by the 
  7.34  complainant is a defense; 
  7.35     (g) the actor has a significant relationship to the 
  7.36  complainant, the complainant was at least 16 but under 18 years 
  8.1   of age at the time of the sexual contact, and: 
  8.2      (i) the actor or an accomplice used force or coercion to 
  8.3   accomplish the contact; 
  8.4      (ii) the complainant suffered personal injury; or 
  8.5      (iii) the sexual abuse involved multiple acts committed 
  8.6   over an extended period of time.  
  8.7      Neither mistake as to the complainant's age nor consent to 
  8.8   the act by the complainant is a defense; 
  8.9      (h) the actor is a psychotherapist and the complainant is a 
  8.10  patient of the psychotherapist and the sexual contact occurred: 
  8.11     (i) during the psychotherapy session; or 
  8.12     (ii) outside the psychotherapy session if an ongoing 
  8.13  psychotherapist-patient relationship exists.  Consent by the 
  8.14  complainant is not a defense; 
  8.15     (i) the actor is a psychotherapist and the complainant is a 
  8.16  former patient of the psychotherapist and the former patient is 
  8.17  emotionally dependent upon the psychotherapist; 
  8.18     (j) the actor is a psychotherapist and the complainant is a 
  8.19  patient or former patient and the sexual contact occurred by 
  8.20  means of therapeutic deception.  Consent by the complainant is 
  8.21  not a defense; 
  8.22     (k) the actor accomplishes the sexual contact by means of 
  8.23  deception or false representation that the contact is for a bona 
  8.24  fide medical purpose.  Consent by the complainant is not a 
  8.25  defense; 
  8.26     (1) the actor is or purports to be a member of the clergy, 
  8.27  the complainant is not married to the actor, and: 
  8.28     (i) the sexual contact occurred during the course of a 
  8.29  meeting in which the complainant sought or received religious or 
  8.30  spiritual advice, aid, or comfort from the actor in private; or 
  8.31     (ii) the sexual contact occurred during a period of time in 
  8.32  which the complainant was meeting on an ongoing basis with the 
  8.33  actor to seek or receive religious or spiritual advice, aid, or 
  8.34  comfort in private.  Consent by the complainant is not a 
  8.35  defense; or 
  8.36     (m) the actor is an employee, independent contractor, or 
  9.1   volunteer of a state, county, city, or privately operated adult 
  9.2   or juvenile correctional system, including, but not limited to, 
  9.3   jails, prisons, detention centers, or work release facilities, 
  9.4   and the complainant is a resident of a facility or under 
  9.5   supervision of the correctional system.  Consent by the 
  9.6   complainant is not a defense; or 
  9.7      (n) the actor provides or is an agent of an entity that 
  9.8   provides special transportation service, the complainant used 
  9.9   the special transportation service, the complainant is not 
  9.10  married to the actor, and the sexual contact occurred during or 
  9.11  immediately before or after the actor transported the 
  9.12  complainant.  Consent by the complainant is not a defense. 
  9.13     Sec. 8.  [EFFECTIVE DATE.] 
  9.14     Sections 1 to 7 are effective August 1, 2002, and apply to 
  9.15  crimes committed on or after that date.