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Minnesota Legislature

Office of the Revisor of Statutes

SF 2713

as introduced - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:44pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; creating a civil cause of action for the nonconsensual
dissemination of private sexual images and nonconsensual sexual solicitation;
amending the crime of stalking to include nonconsensual sexual solicitation;
expanding the definition of qualified domestic violence-related offense;
establishing criminal penalties for nonconsensual dissemination of private sexual
images and nonconsensual sexual solicitation; clarifying the law of criminal
defamation; amending Minnesota Statutes 2014, sections 609.02, subdivision 16;
609.748, subdivision 1; 609.749, subdivision 2; 609.765; proposing coding for
new law in Minnesota Statutes, chapters 604; 617.

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

Section 1.

new text begin [604.30] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 604.30 and 604.31, the following terms have the
meanings given.
new text end

new text begin (b) "Dissemination" means distribution to one or more persons or publication by
any publicly available medium.
new text end

new text begin (c) "Image" means a photograph, film, video recording, or digital photograph
or recording.
new text end

new text begin (d) "Intimate parts" means the fully unclothed, partially unclothed, or transparently
clothed genitals, pubic area, anus of an individual, or if the individual is female, a partially
or fully exposed nipple.
new text end

new text begin (e) "Personal information" includes any identifier that permits physical contact or
communication with the person depicted in the image, including:
new text end

new text begin (1) the person's first and last name, first initial and last name, or first name and
last initial;
new text end

new text begin (2) the person's home, school, or work address;
new text end

new text begin (3) the person's telephone number, e-mail address, or social media account
information; or
new text end

new text begin (4) the person's geolocation data.
new text end

new text begin (f) "Sexual act" means either sexual contact or sexual penetration.
new text end

new text begin (g) "Sexual contact" means the intentional touching of another's intimate parts.
new text end

new text begin (h) "Sexual penetration" means any of the following acts:
new text end

new text begin (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end

new text begin (2) any intrusion, however slight, into the genital or anal openings of an individual
by another's body part or an object used by another for this purpose.
new text end

new text begin (i) "Social media" means any electronic medium, including an interactive computer
service, telephone network, or data network, that allows users to create, share, and view
user-generated content.
new text end

Sec. 2.

new text begin [604.31] CAUSE OF ACTION FOR NONCONSENSUAL
DISSEMINATION OF PRIVATE SEXUAL IMAGES; SEXUAL SOLICITATION.
new text end

new text begin Subdivision 1. new text end

new text begin Nonconsensual dissemination of private sexual images. new text end

new text begin (a) A
cause of action against a person for the nonconsensual dissemination of private sexual
images exists when:
new text end

new text begin (1) a person has threatened to disseminate an image or has intentionally disseminated
an image without the consent of the person depicted in the image;
new text end

new text begin (2) the image is of an individual engaged in a sexual act or whose intimate parts are
exposed in whole or in part; and
new text end

new text begin (3) the image was obtained or created under circumstances in which a reasonable
person would know or understand that the image was to remain private.
new text end

new text begin (b) The fact that the individual depicted in the image consented to the creation of the
image or to the voluntary private transmission of the image is not a defense to liability for
a person who has disseminated the image without consent.
new text end

new text begin Subd. 2. new text end

new text begin Nonconsensual sexual solicitation. new text end

new text begin A person who uses the personal
information of another to invite, encourage, or solicit sexual acts without the individual's
consent and knows or has reason to know it will cause the person whose personal
information is used to feel harassed, frightened, threatened, oppressed, persecuted, or
intimidated, is liable for damages to the individual whose personal information was
published or disseminated publicly.
new text end

new text begin Subd. 3. new text end

new text begin Damages. new text end

new text begin The court may award the following damages to a prevailing
plaintiff from a person found liable under subdivision 1 or 2:
new text end

new text begin (1) general and special damages, including all finance losses due to the dissemination
of the image and damages for mental anguish;
new text end

new text begin (2) an amount equal to any profit made from the dissemination of the image by the
person who intentionally disclosed the image;
new text end

new text begin (3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
new text end

new text begin (4) court costs, fees, and reasonable attorney fees.
new text end

new text begin Subd. 4. new text end

new text begin Injunction; temporary relief. new text end

new text begin (a) A court may issue a temporary or
permanent injunction or restraining order to prevent further harm to the plaintiff.
new text end

new text begin (b) The court may issue a civil fine for the violation of a court order in an amount up
to $1,000 per day for failure to comply with an order granted under this section.
new text end

new text begin Subd. 5. new text end

new text begin Confidentiality. new text end

new text begin The court shall allow confidential filings to protect the
privacy of the plaintiff in cases filed under this section.
new text end

new text begin Subd. 6. new text end

new text begin Liability; exceptions. new text end

new text begin (a) No person shall be found liable under this
section when:
new text end

new text begin (1) the dissemination is made for the purpose of a criminal investigation or
prosecution that is otherwise lawful;
new text end

new text begin (2) the dissemination is for the purpose of, or in connection with, the reporting of
unlawful conduct;
new text end

new text begin (3) the dissemination is made in the course of seeking or receiving medical
treatment, and the image is protected from further distribution;
new text end

new text begin (4) the image involves voluntary exposure in a public or was obtained in a
commercial setting for the purpose of the legal sale of goods or services, including the
creation of artistic products for sale or display;
new text end

new text begin (5) the image relates to a matter of public concern and dissemination serves a lawful
public purpose;
new text end

new text begin (6) the dissemination is for legitimate scientific research or educational purposes; or
new text end

new text begin (7) the dissemination is made for legal proceedings and, is consistent with common
practice in civil proceedings, necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further dissemination.
new text end

new text begin (b) This section does not alter or amend the liabilities and protections granted by
United States Code, title 47, section 230, and shall be construed in a manner consistent
with federal law.
new text end

new text begin (c) A cause of action arising under this section does not prevent the use of any other
cause of action or remedy available under the law.
new text end

new text begin Subd. 7. new text end

new text begin Jurisdiction. new text end

new text begin A court has jurisdiction over a cause of action filed pursuant
to this section if the plaintiff or respondent resides in this state.
new text end

new text begin Subd. 8. new text end

new text begin Venue. new text end

new text begin A cause of action arising under this section may be filed in either:
new text end

new text begin (1) the county of residence of the respondent or plaintiff or in the jurisdiction of the
plaintiff's designated address if the plaintiff participates in the address confidentiality
program established by chapter 5B; or
new text end

new text begin (2) the county where any image is produced, reproduced, or stored in violation
of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to causes
of action commenced on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 609.02, subdivision 16, is amended to read:


Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14
(violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault);
609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital
mutilation); 609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal
sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree
criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (stalking); 609.78, subdivision 2
(interference with an emergency call);new text begin 617.261 (nonconsensual dissemination of private
sexual images);
new text end and 629.75 (violation of domestic abuse no contact order); and similar
laws of other states, the United States, the District of Columbia, tribal lands, and United
States territories.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 609.748, subdivision 1, is amended to read:


Subdivision 1.

Definition.

For the purposes of this section, the following terms have
the meanings given them in this subdivision.

(a) "Harassment" includes:

(1) a single incident of physical or sexual assaultnew text begin, a single incident of stalking
under section 609.749, subdivision 2, clause (8), a single incident of nonconsensual
dissemination of private sexual images under section 617.261,
new text end or repeated incidents of
intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are
intended to have a substantial adverse effect on the safety, security, or privacy of another,
regardless of the relationship between the actor and the intended target;

(2) targeted residential picketing; and

(3) a pattern of attending public events after being notified that the actor's presence
at the event is harassing to another.

(b) "Respondent" includes any adults or juveniles alleged to have engaged in
harassment or organizations alleged to have sponsored or promoted harassment.

(c) "Targeted residential picketing" includes the following acts when committed on
more than one occasion:

(1) marching, standing, or patrolling by one or more persons directed solely at a
particular residential building in a manner that adversely affects the safety, security, or
privacy of an occupant of the building; or

(2) marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential building from gaining access to or exiting from the property on
which the residential building is located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016.
new text end

Sec. 5.

Minnesota Statutes 2014, section 609.749, subdivision 2, is amended to read:


Subd. 2.

Stalking crimes.

A person who stalks another by committing any of the
following acts is guilty of a gross misdemeanor:

(1) directly or indirectly, or through third parties, manifests a purpose or intent to
injure the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available
technological or other means;

(3) returns to the property of another if the actor is without claim of right to the
property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, through assistive devices for
people with vision impairments or hearing loss, or any communication made through any
available technologies or other objects; deleted text beginor
deleted text end

(7) knowingly makes false allegations against a peace officer concerning the
officer's performance of official duties with intent to influence or tamper with the officer's
performance of official dutiesnew text begin; or
new text end

new text begin (8) uses another's personal information, without consent, to invite, encourage, or
solicit another to engage in a sexual act with the person
new text end.

new text begin For purposes of this clause, "personal information" and "sexual act" have the meanings
given in section 617.261, subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 609.765, is amended to read:


609.765 CRIMINAL DEFAMATION.

Subdivision 1.

Definition.

Defamatory matter is anything which exposes a person
or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in
society, or injury to business or occupation.

Subd. 2.

Acts constituting.

Whoever with knowledge of its new text beginfalse and new text enddefamatory
character orally, in writing or by any other means, communicates any new text beginfalse and new text enddefamatory
matter to a third person without the consent of the person defamed is guilty of criminal
defamation and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

Subd. 3.

Justification.

Violation of subdivision 2 is justified if:

(1) deleted text beginthe defamatory matter is true and is communicated with good motives and for
justifiable ends; or
deleted text end

deleted text begin (2)deleted text end the communication is absolutely privileged; or

deleted text begin (3)deleted text endnew text begin (2)new text end the communication consists of fair comment made in good faith with respect
to persons participating in matters of public concern; or

deleted text begin (4)deleted text endnew text begin (3)new text end the communication consists of a fair and true report or a fair summary of any
judicial, legislative or other public or official proceedings; or

deleted text begin (5)deleted text endnew text begin (4)new text end the communication is between persons each having an interest or duty with
respect to the subject matter of the communication and is made with intent to further
such interest or duty.

Subd. 4.

Testimony required.

No person shall be convicted on the basis of an oral
communication of defamatory matter except upon the testimony of at least two other
persons that they heard and understood the oral statement as defamatory or upon a plea
of guilty.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following the final enactment.
new text end

Sec. 7.

new text begin [617.261] NONCONSENSUAL DISSEMINATION OF PRIVATE
SEXUAL IMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Crime. new text end

new text begin It is a crime to intentionally disseminate or threaten to
disseminate an image of another person who is engaged in a sexual act or whose intimate
parts are exposed, in whole or in part; when:
new text end

new text begin (1) the actor knows or should know that the person depicted in the image does not
consent to the dissemination; and
new text end

new text begin (2) the image was obtained or created under circumstances in which a reasonable
person would know or understand that the image was to remain private.
new text end

new text begin Subd. 2. new text end

new text begin Penalties; aggravating factors. new text end

new text begin (a) Except as provided in paragraphs (b)
to (d), whoever violates subdivision 1 is guilty of a gross misdemeanor.
new text end

new text begin (b) Whoever violates subdivision 1 may be sentenced to imprisonment for not
more than three years or to payment of a fine of $5,000, or both, if one of the following
aggravating factors is present:
new text end

new text begin (1) the person depicted in the image suffers financial loss due to the dissemination
of the image;
new text end

new text begin (2) the actor disseminates the image with intent to profit from the dissemination;
new text end

new text begin (3) the actor maintains an Internet Web site, online service, online application, or
mobile application for the purpose of disseminating the image;
new text end

new text begin (4) the actor posts the image on a pornographic Web site;
new text end

new text begin (5) the actor disseminates the image with intent to harass the person depicted
in the image;
new text end

new text begin (6) the actor obtains or attempts to obtain a benefit by threatening dissemination
of the image;
new text end

new text begin (7) the actor obtained the image by committing a violation of section 609.52,
609.746, 609.89, or 609.891;
new text end

new text begin (8) the actor pairs the image with the personal information of the person depicted in
the image; or
new text end

new text begin (9) the actor has previously been convicted under this chapter.
new text end

new text begin (c) Whoever violates subdivision 1 may be sentenced to imprisonment for not more
than five years or to payment of a fine of $10,000, or both, if the person depicted in the
image is a minor and the actor is more than 36 months older than the minor.
new text end

new text begin (d) Whoever violates subdivision 1 may be sentenced to imprisonment for not more
than seven years or to payment of a fine of $15,000, or both, if either:
new text end

new text begin (1) the person depicted in the image is a minor and the actor is more than 36 months
older than the minor, and one of the aggravating factors in paragraph (b) is present; or
new text end

new text begin (2) two or more aggravating factors in paragraph (b) are present.
new text end

new text begin Subd. 3. new text end

new text begin Reasonable expectation of privacy. new text end

new text begin For purposes of subdivision 1, clause
(2), a person who, within the context of a private or confidential relationship, consented to
the capture or possession of an image involving engaging in a sexual act or exposure of
intimate parts, retains a reasonable expectation of privacy with regard to the dissemination
of the image beyond that relationship.
new text end

new text begin Subd. 4. new text end

new text begin Venue. new text end

new text begin Notwithstanding anything to the contrary in section 627.01, an
offense committed under this section may be prosecuted in:
new text end

new text begin (1) the county where the offense occurred;
new text end

new text begin (2) the county of residence of the actor or victim or in the jurisdiction of the victim's
designated address if the victim participates in the address confidentiality program
established by chapter 5B; or
new text end

new text begin (3) the county where any image is produced, reproduced, found, stored, received,
or possessed in violation of this section.
new text end

new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin Subdivision 1 does not apply when:
new text end

new text begin (1) the dissemination is made for the purpose of a criminal investigation or
prosecution that is otherwise lawful;
new text end

new text begin (2) the dissemination is for the purpose of, or in connection with, the reporting of
unlawful conduct;
new text end

new text begin (3) the dissemination is made in the course of seeking or receiving medical treatment
and the image is protected from further distribution;
new text end

new text begin (4) the image involves voluntary exposure in a public or was obtained in a
commercial setting for the purpose of the legal sale of goods or services, including the
creation of artistic products for sale or display;
new text end

new text begin (5) the image relates to a matter of public concern and dissemination serves a lawful
public purpose;
new text end

new text begin (6) the dissemination is for legitimate scientific research or educational purposes; or
new text end

new text begin (7) the dissemination is made for legal proceedings and, is consistent with common
practice in civil proceedings, necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further dissemination.
new text end

new text begin Subd. 6. new text end

new text begin Immunity. new text end

new text begin Nothing in this section shall be construed to impose liability
upon the following entities solely as a result of content or information provided by
another person:
new text end

new text begin (1) an interactive computer service as defined in United States Code, title 47, section
230, paragraph (f), clause (2);
new text end

new text begin (2) a provider of public mobile services or private radio services; or
new text end

new text begin (3) a telecommunications network or broadband provider.
new text end

new text begin Subd. 7. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Dissemination" means distribution to one or more persons or publication by
any publicly available medium.
new text end

new text begin (c) "Harass" means an act that would cause a substantial adverse effect on the safety,
security, or privacy of a reasonable person.
new text end

new text begin (d) "Image" means a photograph, film, video recording, or digital photograph
or recording.
new text end

new text begin (e) "Intimate parts" means the fully unclothed, partially unclothed, or transparently
clothed genitals, pubic area, anus of an individual, or if the individual is female, a partially
or fully exposed nipple.
new text end

new text begin (f) "Personal information" means any identifier that permits physical, online, or
wireless contact or communication with a person, including:
new text end

new text begin (1) a person's first and last name, first initial and last name, or first name and last
initial;
new text end

new text begin (2) a person's home, school, or work address;
new text end

new text begin (3) a person's telephone number, electronic mail address, or social media account
information; or
new text end

new text begin (4) a person's geolocation data.
new text end

new text begin (g) "Pornographic Web site" means an Internet Web site, online service, online
application, mobile application, or other online or mobile medium that contains images of
intimate parts or sexual acts intended to arouse sexual excitement in its audience.
new text end

new text begin (h) "Sexual act" means either sexual contact or sexual penetration.
new text end

new text begin (i) "Sexual contact" means the intentional touching of another's intimate parts.
new text end

new text begin (j) "Sexual penetration" means any of the following acts:
new text end

new text begin (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end

new text begin (2) any intrusion, however slight, into the genital or anal openings of an individual
by another's body part or an object used by another for this purpose.
new text end

new text begin (k) "Social media" means any electronic medium, including an interactive computer
service, telephone network, or data network, that allows users to create, share, and view
user-generated content.
new text end

new text begin Subd. 8. new text end

new text begin Other crimes. new text end

new text begin Nothing in this section or section 609.035 or 609.04 shall
limit the power of the state to prosecute or punish a person for conduct that constitutes any
other crime under any other law of this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end