SF 846

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/28/2023 10:14am

A bill for an act
relating to public safety; establishing the Human Trafficking and Child Exploitation
Prevention Act; providing for rulemaking; requiring a report; proposing coding
for new law in Minnesota Statutes, chapter 609.

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

Section 1. new text begin LEGISLATIVE FINDINGS.
new text end

new text begin (a) The legislature finds that sex trafficking has moved from the street corner to the
smartphone, which means that making websites that facilitate human trafficking and
prostitution inaccessible by default on Internet-enabled devices will curb the demand for
these offenses more than any other measure since the inception of the Internet. Live adult
entertainment establishments contribute to a culture that tolerates the sexual objectification
and exploitation of women, and contribute to the need for community-based services to
respond to victims of all forms of sexual exploitation, including sexual harassment,
trafficking, and sexual assault. Crime statistics show that the presence of adult entertainment
establishments may result in an increase in prohibited secondary sexual activities, such as
prostitution, and other crimes in the surrounding community.
new text end

new text begin (b) The legislature is generally opposed to online censorship unless the content is injurious
to children or promotes human trafficking.
new text end

Sec. 2.

new text begin [609.285] TITLE.
new text end

new text begin Sections 609.285 to 609.2857 shall be known and may be cited as the "Human Trafficking
and Child Exploitation Prevention Act."
new text end

Sec. 3.

new text begin [609.2851] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin For the purposes of sections 609.285 to 609.2857, the terms
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Adult entertainment establishment. new text end

new text begin "Adult entertainment establishment" has
the meaning given in section 617.242, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Cellular telephone. new text end

new text begin "Cellular telephone" means a communication device
containing a unique electronic serial number that is programmed into its computer chip by
its manufacturer and whose operation is dependent on the transmission of that electronic
serial number, along with a mobile identification number, which is assigned by the cellular
telephone carrier, in the form of radio signals through cell sites and mobile switching stations.
new text end

new text begin Subd. 4. new text end

new text begin Child pornography. new text end

new text begin "Child pornography" has the meaning given in United
States Code, title 18, section 2256.
new text end

new text begin Subd. 5. new text end

new text begin Computer. new text end

new text begin "Computer" has the meaning given in United States Code, title 18,
section 1030.
new text end

new text begin Subd. 6. new text end

new text begin Consumer. new text end

new text begin "Consumer" means an individual who purchases or leases an
Internet-enabled device for personal, family, or household purposes.
new text end

new text begin Subd. 7. new text end

new text begin Contemporary community standards. new text end

new text begin "Contemporary community standards"
means the customary limits of candor and decency in this state at or near the time of an
alleged violation of sections 609.285 to 609.2857.
new text end

new text begin Subd. 8. new text end

new text begin Data communications device. new text end

new text begin "Data communications device" means an
electronic device that receives electronic information from one source and transmits or
routes it to another, including but not limited to a bridge, router, switch, or gateway.
new text end

new text begin Subd. 9. new text end

new text begin Filter. new text end

new text begin "Filter" means a digital blocking capability, hardware, or software that
restricts or blocks Internet access to websites, e-mail, chat, or other Internet-based
communications based on category, site, or content, and also means a digital blinder rack
that can be deactivated by a retailer upon the satisfaction of certain nominal conditions.
new text end

new text begin Subd. 10. new text end

new text begin Human trafficking. new text end

new text begin "Human trafficking" means sex trafficking as defined
in section 609.321, subdivision 7a, and labor trafficking as defined in section 609.281,
subdivision 5.
new text end

new text begin Subd. 11. new text end

new text begin Internet. new text end

new text begin "Internet" has the meaning given in United States Code, title 31,
section 5362.
new text end

new text begin Subd. 12. new text end

new text begin Internet-enabled device. new text end

new text begin "Internet-enabled device" means a cellular telephone,
computer, data communications device, or other product manufactured, distributed, or sold
in this state that provides Internet access or plays a material role in distributing content on
the Internet.
new text end

new text begin Subd. 13. new text end

new text begin Internet service provider. new text end

new text begin "Internet service provider" means a person engaged
in the business of providing a computer and communications facility through which a
consumer may obtain access to the Internet. The term does not include a common carrier
if it provides only telecommunications service.
new text end

new text begin Subd. 14. new text end

new text begin Material. new text end

new text begin "Material" has the meaning given in section 617.241, subdivision
1, paragraph (e).
new text end

new text begin Subd. 15. new text end

new text begin Minor. new text end

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

new text begin Subd. 16. new text end

new text begin Nude. new text end

new text begin "Nude" means:
new text end

new text begin (1) entirely unclothed; or
new text end

new text begin (2) clothed in a manner that exposes to public view, at any time, the bare female breast
below a point immediately above the top of the areola, human genitals, pubic region, or
buttocks, even if partially covered by opaque material or completely covered by translucent
material such as swimsuits, lingerie, or latex covering.
new text end

new text begin Subd. 17. new text end

new text begin Obscene. new text end

new text begin "Obscene" has the meaning given in section 617.241, subdivision
1, paragraph (a), and includes but is not limited to websites that:
new text end

new text begin (1) are known to facilitate human trafficking, escort services, or prostitution; and
new text end

new text begin (2) display or depict images that are harmful to minors or that constitute sadomasochistic
abuse, sexual excitement, sexual conduct, or revenge pornography.
new text end

new text begin Subd. 18. new text end

new text begin Personal identification information. new text end

new text begin "Personal identification information"
means any information that identifies a person, including an individual's photograph, Social
Security number, driver's license number, name, e-mail address, mailing address, or telephone
number.
new text end

new text begin Subd. 19. new text end

new text begin Prostitution. new text end

new text begin "Prostitution" has the meaning given in section 609.321,
subdivision 9.
new text end

new text begin Subd. 20. new text end

new text begin Revenge pornography. new text end

new text begin "Revenge pornography" is an offense under section
617.261 and means the distribution of sexually explicit images or videos of an individual
without the individual's permission.
new text end

new text begin Subd. 21. new text end

new text begin Retailer. new text end

new text begin "Retailer" means any person who regularly engages in the
manufacturing, sale, offer for sale, or lease of Internet-enabled devices or services in this
state that make content accessible on the Internet. The term includes Internet service providers
and suppliers and manufacturers of Internet-enabled devices that materially play a role in
distributing content on the Internet or that make content accessible that are subject to the
jurisdiction of this state.
new text end

new text begin Subd. 22. new text end

new text begin Sadomasochistic abuse. new text end

new text begin "Sadomasochistic abuse" means:
new text end

new text begin (1) flagellation or torture, real or simulated, for the purpose of real or simulated sexual
stimulation or gratification, by or upon a person; or
new text end

new text begin (2) the condition, real or simulated, of being fettered, bound, or otherwise physically
restrained for sexual stimulation or gratification of a person.
new text end

new text begin Subd. 23. new text end

new text begin Sexual conduct. new text end

new text begin "Sexual conduct" has the meaning given in section 617.292,
subdivision 4.
new text end

new text begin Subd. 24. new text end

new text begin Sexual excitement. new text end

new text begin "Sexual excitement" means the condition, real or simulated,
of human male or female genitals in a state of real or simulated overt sexual stimulation or
arousal.
new text end

new text begin Subd. 25. new text end

new text begin Social media website. new text end

new text begin "Social media website" means an Internet website or
application that enables users to communicate with each other by posting information,
comments, messages, or images and that meets all of the following requirements:
new text end

new text begin (1) is open to the public;
new text end

new text begin (2) has more than 75 million subscribers;
new text end

new text begin (3) from its inception, has not been specifically affiliated with any one religion or political
party; and
new text end

new text begin (4) provides a means for the website's users to report obscene materials and has in place
procedures for evaluating those reports and removing obscene material.
new text end

Sec. 4.

new text begin [609.2852] INTERNET-ENABLED DEVICE FILTER.
new text end

new text begin Subdivision 1. new text end

new text begin Active filter. new text end

new text begin (a) A retailer that manufactures, sells, offers for sale, leases,
or distributes an Internet-enabled device shall ensure that the product is equipped with an
active and operating filter prior to sale that blocks, by default, websites that:
new text end

new text begin (1) are known to facilitate human trafficking or prostitution; and
new text end

new text begin (2) display child pornography, revenge pornography, or obscene material harmful to
minors.
new text end

new text begin (b) A retailer that manufactures, sells, offers for sale, leases, or distributes an
Internet-enabled device shall:
new text end

new text begin (1) make reasonable and ongoing efforts to ensure that a product's filter functions
properly;
new text end

new text begin (2) establish a reporting mechanism, including but not limited to a website or call center,
to allow a consumer to report unblocked websites displaying content described in paragraph
(a), clause (1), or to report blocked websites that are not displaying content described in
paragraph (a), clause (1);
new text end

new text begin (3) report child pornography received through the reporting mechanism to the National
Center for Missing and Exploited Children's CyberTipline in accordance with United States
Code, title 18, section 2258A; and
new text end

new text begin (4) not block access to websites that:
new text end

new text begin (i) are social media websites that provide a means for the website's users to report obscene
materials and have in place procedures for evaluating those reports and removing obscene
material;
new text end

new text begin (ii) serve primarily as a search engine; or
new text end

new text begin (iii) display complete movies that meet the qualifications for a "G," "PG," "PG-13," or
"R" rating by the Classification and Ratings Administration, as those qualifications existed
on September 1, 2020.
new text end

new text begin Subd. 2. new text end

new text begin Deactivated filter. new text end

new text begin (a) Except as provided under paragraph (b), a retailer may
not provide to a consumer methods, source code, or other operating instructions for
deactivating a product's filter.
new text end

new text begin (b) A retailer of an Internet-enabled device shall deactivate a product's filter after a
consumer:
new text end

new text begin (1) requests that the capability be disabled;
new text end

new text begin (2) presents personal identification information to verify that the consumer is 18 years
of age or older;
new text end

new text begin (3) acknowledges receiving a warning regarding the potential danger of deactivating the
filter; and
new text end

new text begin (4) pays a onetime $20 filter deactivation fee to be remitted quarterly to the commissioner
of public safety for deposit in the human trafficking and child exploitation prevention grant
account under section 609.2857.
new text end

new text begin Subd. 3. new text end

new text begin Fees. new text end

new text begin (a) The filter deactivation fee in subdivision 2, paragraph (b), clause (4),
is not content-based but collected and remitted to the commissioner of public safety to help
the state bear the costs of upholding community standards of decency and of combating
sex-related offenses and is to be used according to section 609.2857. The commissioner
shall prescribe the administration, payment, collection, and enforcement of the fee under
subdivision 2, paragraph (b), clause (4). The commissioner may annually adjust the onetime
fee to account for inflation.
new text end

new text begin (b) Nothing in this section shall be construed to prevent a retailer from charging a
reasonable separate fee to deactivate a product's filter, which it may retain for profit.
new text end

new text begin Subd. 4. new text end

new text begin Deactivation warning. new text end

new text begin The commissioner of public safety shall prepare and
make available to retailers a form that includes all content that must be in the warning
described in subdivision 2, paragraph (b), clause (3).
new text end

new text begin Subd. 5. new text end

new text begin Data privacy; records. new text end

new text begin Nothing in this section shall be construed to require a
retailer of an Internet-enabled device to create a database or registry that contains the names
of personal identification information of adults who knowingly choose to deactivate a
product's filter. A retailer of an Internet-enabled device shall take due care to protect the
privacy rights of adult consumers under this section and shall not disclose the names or
personal identification information of an adult consumer who decided to deactivate a
product's filter.
new text end

Sec. 5.

new text begin [609.2853] CIVIL ACTION.
new text end

new text begin (a) Pursuant to section 609.2852, subdivision 1, paragraph (b), clause (2), if the filter
blocks a website that is not displaying content described in section 609.2852, subdivision
1, paragraph (a), and the block is reported to a call center or reporting mechanism, the
website shall be unblocked no later than five business days after the block is first reported.
A consumer may seek judicial relief to unblock a website that was wrongfully blocked by
the filter. The prevailing party in a civil litigation may seek attorney fees, costs, and other
forms of relief.
new text end

new text begin (b) Pursuant to section 609.2852, subdivision 1, paragraph (b), clause (2), if a retailer
of an Internet-enabled device is unresponsive to a report of a website displaying content
described in section 609.2852, subdivision 1, that has breached the filter, the attorney general
or a consumer may file a civil suit. The attorney general or a consumer may seek damages
of up to $500 for each website that was reported but not subsequently blocked. The prevailing
party in the civil action may seek attorney fees, costs, and other forms of relief.
new text end

new text begin (c) A retailer that does not comply with the duties described in paragraphs (a) and (b)
has engaged in an unfair, deceptive, or unconscionable act in violation of section 325F.69
and is subject to the remedies in section 325F.70.
new text end

new text begin (d) It shall be an affirmative defense in a civil action to a charge of violating this section
that the dissemination of the content described in section 609.2852, subdivision 1, paragraph
(a), was limited to institutions or organizations having scientific, educational, or other similar
justifications for displaying the material.
new text end

Sec. 6.

new text begin [609.2854] CRIME.
new text end

new text begin (a) A retailer of an Internet-enabled device is guilty of an offense if the retailer knowingly:
new text end

new text begin (1) sells an internet-enabled device without activated blocking capability that at least
makes an attempt to block, by default, websites that display content described in section
609.2852, subdivision 1, paragraph (a);
new text end

new text begin (2) violates section 609.2852, subdivision 2, paragraph (a);
new text end

new text begin (3) fails to comply with the requirements of section 609.2852, subdivision 2, paragraph
(b), before deactivating the filter; or
new text end

new text begin (4) discloses to a third party the name or the personal identification information of an
adult consumer who has elected to deactivate a product's filter in violation of section
609.2852, subdivision 5, without a court order directing otherwise.
new text end

new text begin (b) A retailer shall be fined not more than $1,000 for a first offense and not more than
$2,500 for any subsequent offense.
new text end

new text begin (c) A retailer that commits an offense under paragraph (a) and has two prior convictions
under paragraph (a) is guilty of a misdemeanor and may be sentenced to imprisonment for
not more than 90 days or to payment of a fine of not more than $40,000, or both.
new text end

new text begin (d) A retailer that commits an offense under paragraph (a) has engaged in an unfair,
deceptive, or unconscionable act in violation of section 325F.70 and is subject to the penalties
for violating that section.
new text end

new text begin (e) Only the attorney general or a county attorney shall enforce this section.
new text end

Sec. 7.

new text begin [609.2855] SALE OF DEVICE.
new text end

new text begin (a) Sections 609.2851 to 609.2857 shall not apply to:
new text end

new text begin (1) an occasional sale of an Internet-enabled device by a person who is not regularly
engaged in the trade business of selling Internet-enabled devices;
new text end

new text begin (2) products produced or sold before the effective date of this act; and
new text end

new text begin (3) independent third-party routers that are not affiliated with an Internet service provider.
new text end

new text begin (b) Sections 609.2851 to 609.2857 do not apply to a retailer of an Internet-enabled device
that is not subject to the jurisdiction of this state.
new text end

Sec. 8.

new text begin [609.2856] ADULT ENTERTAINMENT ESTABLISHMENT.
new text end

new text begin (a) A $5 admission fee is imposed for each entry by each customer admitted to an adult
entertainment establishment to be remitted quarterly to the commissioner of public safety
for deposit in the human trafficking and child exploitation prevention grant account under
section 609.2857. The commissioner shall prescribe the method of administration, payment,
collection, and enforcement of the fee imposed by this section.
new text end

new text begin (b) The admission fee is not content-based but imposed and remitted to the state to offset
secondary harmful effects and to help the state uphold community standards of decency
and to combat sex-related crimes and is to be used as described under section 609.2857,
subdivision 4.
new text end

new text begin (c) The admission fee is in addition to all other taxes imposed on the business that offers
adult entertainment.
new text end

new text begin (d) An adult entertainment establishment shall record daily in the manner required by
the commissioner of public safety the number of customers admitted to the business. The
business shall maintain the records for the time period required by the commissioner and
make the records available only for inspection and audit on request by the commissioner.
The records shall not contain the names or personal information of any of the customers.
new text end

new text begin (e) This section does not require an adult entertainment establishment to impose a tax
on a customer of the business. The business has the discretion to determine the manner in
which the business derives the money required to pay the tax imposed under this section.
new text end

Sec. 9.

new text begin [609.2857] HUMAN TRAFFICKING AND CHILD EXPLOITATION GRANT
ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The human trafficking and child exploitation grant account
is established in the special revenue fund. The account shall be administered by the
commissioner of public safety.
new text end

new text begin (b) The commissioner or the commissioner's designee shall credit to the account interest
and earnings from account investments.
new text end

new text begin (c) Money in the human trafficking and child exploitation account shall be expended
only upon appropriation and only in a manner to carry out the purposes in sections 609.2851
to 609.2857. Money in the account at the close of the fiscal year shall remain in the account
and shall not revert to the general fund.
new text end

new text begin (d) "Nongovernment group" means a nonprofit organization exempt from federal income
taxation under section 501(c)(3) of the Internal Revenue Code of 1986 having as a primary
purpose ending sexual violence in this state, for programs for the prevention of sexual
violence, outreach programs, and technical assistance to and support of youth and rape crisis
centers working to prevent sexual violence. Nongovernment group also includes individuals
and any group that is doing anything to uphold community standards of decency.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the account is:
new text end

new text begin (1) to promote the development throughout the state of locally based and supported
nonprofit programs for the survivors of sexual-related offenses and to support the quality
of services provided;
new text end

new text begin (2) to empower any government and nongovernment groups working to uphold
community standards of decency, protect children, strengthen families, or to develop, expand,
or prevent or offset the costs of sex-related offenses, especially human trafficking and child
exploitation; and
new text end

new text begin (3) not to promote a culture of perpetual victimhood but to maximize human flourishing
and to protect the public's safety, health, and welfare.
new text end

new text begin This subdivision shall be interpreted broadly to best meet the evolving needs of the state.
new text end

new text begin Subd. 3. new text end

new text begin Contents of account. new text end

new text begin The account shall consist of:
new text end

new text begin (1) deactivation fees collected by the commissioner from retailers of Internet-enabled
devices under section 609.2852, subdivision 2, paragraph (b), clause (4);
new text end

new text begin (2) admission fees collected by the commissioner from adult entertainment establishments
under section 609.2856; and
new text end

new text begin (3) any other appropriations, gifts, grants, donations, and bequests.
new text end

new text begin Subd. 4. new text end

new text begin Use of account. new text end

new text begin (a) Money deposited in the account may be used only by:
new text end

new text begin (1) the commissioner of public safety for grants to government and nongovernment
entities and individuals that are working to uphold community standards of decency, to
protect children, to strengthen families, or to develop, expand, or strengthen programs for
victims of human trafficking or child exploitation, including providing grants for:
new text end

new text begin (i) any costs associated with the trafficking study established under section 299A.785
and the costs of trafficking victim assistance established under 299A.795;
new text end

new text begin (ii) the needs of the director of child sex trafficking prevention established by the
commissioner of health under section 145.4716;
new text end

new text begin (iii) programs established under sections 145.4716 to 145.4718; 609.3241, paragraph
(c), clause (3); and 609.5315, subdivision 5c, clause (3);
new text end

new text begin (iv) human trafficking task forces, coalitions, and other similarly situated organizations;
new text end

new text begin (v) victim compensation and the expenses of Safe Harbor established under section
145.4716;
new text end

new text begin (vi) services to help women with substance abuse problems;
new text end

new text begin (vii) counselors and victim advocates who are trained to assist victims of domestic
violence and sexual abuse;
new text end

new text begin (viii) shelters for women, particularly those who have been exposed to prostitution or
sex trafficking;
new text end

new text begin (ix) research-based organizations studying human trafficking;
new text end

new text begin (x) faith-based organizations working to uphold community standards of decency and
assisting victims of human trafficking or other sex offenses;
new text end

new text begin (xi) child advocacy centers;
new text end

new text begin (xii) organizations that provide legal advocacy to abused, neglected, and at-risk children;
new text end

new text begin (xiii) physical and mental health services;
new text end

new text begin (xiv) temporary and permanent housing placement;
new text end

new text begin (xv) employment, placement, education, and training;
new text end

new text begin (xvi) independent school districts;
new text end

new text begin (xvii) family counseling and therapy;
new text end

new text begin (xviii) law enforcement;
new text end

new text begin (xix) musical, writing, design, cinematic, or pictorial creative art projects that promote
decency;
new text end

new text begin (xx) regional nonprofit providers of civil legal services to provide legal assistance for
sexual assault victims;
new text end

new text begin (xxi) grants to support technology in rape crisis centers;
new text end

new text begin (xxii) sexual violence awareness and prevention campaigns; and
new text end

new text begin (xxiii) scholarships for students demonstrating outstanding character or leadership skills;
and
new text end

new text begin (2) any other state agency or organization for the purpose of conducting human trafficking
enforcement programs or to uphold community standards of decency.
new text end

new text begin (b) The commissioner of public safety shall not spend more than ten percent of the
available funds on the administration of the grant program.
new text end

new text begin (c) Any balance in the account remaining unexpended at the end of a fiscal year shall
not revert to the general fund but shall be carried forward into the subsequent fiscal year.
new text end

new text begin Subd. 5. new text end

new text begin Annual report. new text end

new text begin The commissioner of public safety or the commissioner's
designee shall evaluate activities conducted under this section each year and, on or before
February 15, submit an annual report containing the evaluation to the legislative committees
with jurisdiction over human trafficking and child exploitation. The report must include:
new text end

new text begin (1) the amount of filter deactivation fees received under section 609.2852, subdivision
2, paragraph (b), clause (4);
new text end

new text begin (2) the amount of admission fees received under section 609.2856, paragraph (a);
new text end

new text begin (3) the manner in which the funds in the account maintained under subdivision 4 were
distributed; and
new text end

new text begin (4) the manner in which each entity receiving a grant under subdivision 4 used the grant
money.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner of public safety may adopt rules
under chapter 14 to:
new text end

new text begin (1) determine eligibility requirements for any grant awarded under this section;
new text end

new text begin (2) require a grant recipient to offer minimum services for a period of time before
receiving a grant and to continue to offer minimum services during the grant period; and
new text end

new text begin (3) require a grant recipient to submit financial and programmatic reports.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective only from and after the passage, approval, ratification, and adoption
by four other states of similar legislation. Within ten days of the date that the four states
adopt legislation similar to this act, the secretary of state shall notify the governor, the
speaker of the house, the president of the senate, and the revisor of statutes of the effective
date of this act.
new text end