Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 838

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 03:13pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17
1.18 1.19 1.20 1.21 1.22 2.1 2.2
2.3 2.4
2.5 2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22
3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3
4.4 4.5 4.6 4.7 4.8 4.9
4.10 4.11
4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22 4.23

A bill for an act
relating to public safety; increasing penalties for child pornography offenses;
creating mandatory minimum sentences; directing Sentencing Guidelines
Commission to modify the sex offender grid; amending Minnesota Statutes 2018,
sections 617.246, subdivisions 2, 3, 4, 7, by adding a subdivision; 617.247,
subdivisions 3, 4, 9, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 617.246, subdivision 2, is amended to read:


Subd. 2.

Use of minor.

It is unlawful for a person to promote, employ, use or permit a
minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.

Any person who violates this subdivision is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begintendeleted text endnew text begin 15new text end years or to payment of a fine of not more than $20,000
for the first offense and $40,000 for a second or subsequent offense, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 617.246, subdivision 3, is amended to read:


Subd. 3.

Operation or ownership of business.

A person who owns or operates a business
in which a pornographic work, as defined in this section, is disseminated to an adult or a
minor or is reproduced, and who knows the content and character of the pornographic work
disseminated or reproduced, is guilty of a felony and may be sentenced to imprisonment
for not more than deleted text begintendeleted text endnew text begin 15new text end years, or to payment of a fine of not more than $20,000 for the first
offense and $40,000 for a second or subsequent offense, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 617.246, subdivision 4, is amended to read:


Subd. 4.

Dissemination.

A person who, knowing or with reason to know its content and
character, disseminates for profit to an adult or a minor a pornographic work, as defined in
this section, is guilty of a felony and may be sentenced to imprisonment for not more than
deleted text begin tendeleted text endnew text begin 15new text end years, or to payment of a fine of not more than $20,000 for the first offense and
$40,000 for a second or subsequent offense, or both.

Sec. 4.

Minnesota Statutes 2018, section 617.246, subdivision 7, is amended to read:


Subd. 7.

Conditional release term.

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 deleted text beginfivedeleted text endnew text begin tennew text end 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, or 617.247, or any similar statute of the United
States, this state, or any state, the commissioner shall place the person on conditional release
for deleted text begintendeleted text endnew text begin at least 50new text end years. The terms of conditional release are governed by section 609.3455,
subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 617.246, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Mandatory minimum sentence. new text end

new text begin A person convicted under this section must
serve a minimum of six months of incarceration. If the person (1) has a prior conviction
under this section or section 617.247, or (2) is required to register as a predatory offender,
the person must serve a minimum of 12 months of incarceration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 617.247, subdivision 3, is amended to read:


Subd. 3.

Dissemination prohibited.

(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than deleted text beginsevendeleted text endnew text begin tennew text end years and a
fine of not more than $10,000 for a first offense and for not more than deleted text begin15deleted text endnew text begin 20new text end years and a
fine of not more than $20,000 for a second or subsequent offense.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin15deleted text endnew text begin 20new text end years if the violation occurs when the person is a
registered predatory offender under section 243.166.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 617.247, subdivision 4, is amended to read:


Subd. 4.

Possession prohibited.

(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, is guilty of a felony and may be sentenced to imprisonment
for not more than deleted text beginfivedeleted text endnew text begin sevennew text end years and a fine of not more than deleted text begin$5,000deleted text endnew text begin $7,500new text end for a first
offense and for not more than deleted text begintendeleted text endnew text begin 15new text end years and a fine of not more than deleted text begin$10,000deleted text endnew text begin $15,000new text end for
a second or subsequent offense.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begintendeleted text endnew text begin 15new text end years if the violation occurs when the person is a
registered predatory offender under section 243.166.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, section 617.247, subdivision 9, is amended to read:


Subd. 9.

Conditional release term.

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 deleted text beginfivedeleted text endnew text begin tennew text end 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, or 617.246, or any similar statute of the United
States, this state, or any state, the commissioner shall place the person on conditional release
for deleted text begintendeleted text endnew text begin at least 50new text end years. The terms of conditional release are governed by section 609.3455,
subdivision 8.

Sec. 9.

Minnesota Statutes 2018, section 617.247, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Mandatory minimum sentence. new text end

new text begin A person convicted under this section must
serve a minimum of six months of incarceration. If the person (1) has a prior conviction
under this section or section 617.246, or (2) is required to register as a predatory offender,
the person must serve a minimum of 12 months of incarceration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end

Sec. 10. new text beginSENTENCING GUIDELINES MODIFICATION.
new text end

new text begin The Sentencing Guidelines Commission shall modify the sex offender grid by ranking
violations of Minnesota Statutes, section 617.247, subdivision 3 (dissemination of child
pornography - subsequent or by predatory offender), in severity level C; violations of
Minnesota Statutes, sections 617.246 (use of minors in sexual performance), 617.247,
subdivision 3 (dissemination of child pornography - first time, nonpredatory offender), and
617.247, subdivision 4 (possession of child pornography - subsequent or by predatory
offender), in severity level D; and violations of Minnesota Statutes, section 617.247,
subdivision 4 (possession of child pornography - first time, nonpredatory offender), in
severity level E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to offenses
committed on or after that date.
new text end