Minnesota Legislature
SF 2943
as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2018 08:51am
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A bill for an act
relating to public safety; criminalizing certain nonconsensual video recordings of
individuals; imposing criminal penalties; amending Minnesota Statutes 2016,
sections 609.746, subdivision 1; 617.261, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, 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, deleted text begin as defined in section 327.70, subdivision 3,deleted text end 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 partsdeleted text begin , as defined in section 609.341, subdivision 5,deleted text end 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, deleted text begin as defined in section 327.70, subdivision 3,deleted text end 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 partsdeleted text begin , as defined in section 609.341, subdivision 5,deleted text end 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) new text begin A person is guilty of a misdemeanor who:
new text end
new text begin
(1) takes a photograph, records a digital image, makes a video record, or otherwise
captures a visual image of the intimate parts of another without the consent of the person
and in a situation where that person would have a reasonable expectation of privacy; and
new text end
new text begin
(2) does so with intent to intrude upon or interfere with the privacy of the person.
new text end
new text begin
Under this paragraph, a person does not lose the person's reasonable expectation of privacy
simply by consenting to sexual activity, or by entering the home or other location owned
or controlled by another.
new text end
new text begin (f) new text end 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.
deleted text begin (f)deleted text end new text begin (g) new text end Paragraphs (b) deleted text begin anddeleted text end new text begin ,new text end (d)new text begin , and (e)new text end 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) deleted text begin anddeleted text end new text begin ,new text end (d)new text begin , and (e)new text end 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
(h) As used in this section:
new text end
new text begin
(1) "hotel" has the meaning given in section 327.70, subdivision 3; and
new text end
new text begin
(2) "intimate parts" includes the primary genital area, groin, inner thigh, or buttocks of
a human being, or the breast of a female.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2016, section 617.261, subdivision 2, is amended to read:
Subd. 2.
Penalties.
(a) Except as provided in paragraph (b), whoever violates subdivision
1 is guilty of a gross misdemeanor.
(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 factors is
present:
(1) the person depicted in the image suffers financial loss due to the dissemination of
the image;
(2) the actor disseminates the image with intent to profit from the dissemination;
(3) the actor maintains an Internet Web site, online service, online application, or mobile
application for the purpose of disseminating the image;
(4) the actor posts the image on a Web site;
(5) the actor disseminates the image with intent to harass the person depicted in the
image;
(6) the actor obtained the image by committing a violation of section 609.52deleted text begin ,deleted text end new text begin ;new text end 609.746,new text begin
subdivision 1, paragraph (a), (b), (c), or (d);new text end 609.89deleted text begin ,deleted text end new text begin ;new text end or 609.891; or
(7) the actor has previously been convicted under this chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end