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Minnesota Legislature

Office of the Revisor of Statutes

SF 2032

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:28am

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

Current Version - as introduced

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A bill for an act
relating to public safety; clarifying criminal sexual conduct in the first degree;
amending Minnesota Statutes 2018, section 609.342, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 609.342, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person who engages in sexual penetration with another
person, or in sexual contact with a person under 13 years of age as defined in section 609.341,
subdivision 11
, paragraph (c), is guilty of criminal sexual conduct in the first degree if any
of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish deleted text beginsexual penetrationdeleted text endnew text begin the actnew text end; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the deleted text beginsexual penetrationdeleted text endnew text begin actnew text end. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the deleted text beginsexual penetrationdeleted text endnew text begin actnew text end, and:

(i) the actor or an accomplice used force or coercion to accomplish the deleted text beginpenetrationdeleted text endnew text begin actnew text end;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.