SF 3899

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 10:51pm

A bill for an act
relating to public safety; prohibiting possession, sale, purchase, and dissemination
of child sex dolls; amending Minnesota Statutes 2023 Supplement, section 243.166,
subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 617.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 243.166, subdivision 1b, is
amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3, paragraph (b); or 609.3453;

(iv) indecent exposure under section 617.23, subdivision 3; or

(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (h);

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:

(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

(ii) false imprisonment in violation of section 609.255, subdivision 2;

(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;

(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

(vi) using a minor in a sexual performance in violation of section 617.246; deleted text begin or
deleted text end

(vii) possessing pornographic work involving a minor in violation of section 617.247;

new text begin (viii) possession of a child sex doll in violation of section 617.248; or
new text end

new text begin (ix) creation and dissemination of child sex dolls in violation of section 617.249;
new text end

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

Sec. 2.

new text begin [617.248] POSSESSION OF A CHILD SEX DOLL.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) "Child sex doll" means an anatomically correct doll,
mannequin, or robot with features that are intended to depict or resemble a minor and is
intended for use in sex acts.
new text end

new text begin Subd. 2. new text end

new text begin Dissemination prohibited. new text end

new text begin (a) A person who knowingly, or with reason to
know, disseminates a child sex doll to an adult or a minor is guilty of a felony and may be
sentenced to imprisonment for not more than seven years or to payment of a fine of not
more than $10,000, or both.
new text end

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246 or 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a child sex doll depicting a minor under the age of 14 years.
new text end

new text begin Subd. 3. new text end

new text begin Possession prohibited. new text end

new text begin (a) A person who knowingly, or with reason to know,
possesses a child sex doll is guilty of a felony and may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $5,000, or both.
new text end

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246 or 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a child sex doll depicting a minor under the age of 14 years.
new text end

new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin This section does not apply to the performance of official duties
by peace officers, court personnel, or attorneys. This section also does not apply to the
performance of official duties by licensed physicians, psychologists, or social workers or
persons acting at the direction of a licensed physician, psychologist, or social worker in the
course of a bona fide treatment or professional education program.
new text end

new text begin Subd. 6. new text end

new text begin Second offense. new text end

new text begin If a person is convicted of a second or subsequent violation
of this section within 15 years of the prior conviction, the court shall order a mental
examination of the person. The examiner shall report to the court whether treatment of the
person is necessary.
new text end

new text begin Subd. 7. new text end

new text begin Affirmative defense. new text end

new text begin It shall be an affirmative defense to a charge of violating
this section that the child sex doll was produced using only persons who were 18 years of
age or older.
new text end

new text begin Subd. 8. new text end

new text begin Conditional release term. new text end

new text begin Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section; section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, 617.246, 617.247, or 617.249; or any similar statute of the
United States, this state, or any state, the commissioner shall place the person on conditional
release for 15 years. The terms of conditional release are governed by section 609.3455,
subdivision 8.
new text end

Sec. 3.

new text begin [617.249] CREATION AND DISSEMINATION OF CHILD SEX DOLLS
PROHIBITED.
new text end

new text begin Subdivision 1. 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) "Child sex doll" has the meaning given in section 617.248.
new text end

new text begin (c) "Minor" means a person under the age of 18 years.
new text end

new text begin (d) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
new text end

new text begin Subd. 2. new text end

new text begin Use of minor. new text end

new text begin (a) It is unlawful for a person to promote, employ, use, or permit
a minor to engage in or assist others to engage minors in the modeling for the creation of a
child sex doll if the person knows or has reason to know that the conduct intended is to
create a child sex doll.
new text end

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both.
new text end

new text begin (c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246, 617.247, or 617.248;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 14 years.
new text end

new text begin Subd. 3. new text end

new text begin Operation or ownership of business. new text end

new text begin (a) A person who owns or operates a
business in which a child sex doll, as defined in section 617.248, is intentionally disseminated
to an adult or a minor or is reproduced is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both.
new text end

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246, 617.247, or 617.248;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 14 years.
new text end

new text begin Subd. 4. new text end

new text begin Dissemination. new text end

new text begin (a) A person who intentionally disseminates for profit to an
adult or a minor a child sex doll, as defined in section 617.248, is guilty of a felony and
may be sentenced to imprisonment for not more than ten years or to payment of a fine of
not more than $10,000, or both.
new text end

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246, 617.247, or 617.248;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 14 years.
new text end

new text begin Subd. 5. new text end

new text begin Consent; mistake. new text end

new text begin The following are not defenses to a charge of violation of
this section: (1) consent to the modeling for the creation of a child sex doll by a minor or
the minor's parent, guardian, or custodian; or (2) mistake as to the minor's age.
new text end

new text begin Subd. 6. new text end

new text begin Affirmative defense. new text end

new text begin 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 of age or older.
new text end

new text begin Subd. 7. new text end

new text begin Conditional release term. new text end

new text begin Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section; section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, 617.246, 617.247, or 617.248; or any similar statute of the
United States, this state, or any state, the commissioner shall place the person on conditional
release for 15 years. The terms of conditional release are governed by section 609.3455,
subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end