Minnesota Legislature
HF 2594
as introduced - 94th Legislature (2025 - 2026) Posted on 03/26/2025 12:35pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/20/2025 |
Current Version - as introduced
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A bill for an act
relating to public safety; clarifying that the protections related to interviews of
child abuse victims apply to all recordings; proposing changes to terms used in
statutes that punish creation, distribution, and possession of sexually explicit
materials involving children; making conforming changes; amending Minnesota
Statutes 2024, sections 13.03, subdivision 6; 13.821; 144.296; 246B.04, subdivision
2; 609.527, subdivision 3; 611A.90; 617.246; 617.247; 634.35.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:
Subd. 6.
Discoverability of not public data.
If a government entity opposes discovery
of government data or release of data pursuant to court order on the grounds that the data
are classified as not public, the party that seeks access to the data may bring before the
appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to compel discovery.
The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.
If the data are discoverable the presiding officer shall decide whether the benefit to the
party seeking access to the data outweighs any harm to the confidentiality interests of the
entity maintaining the data, or of any person who has provided the data or who is the subject
of the data, or to the privacy interest of an individual identified in the data. In making the
decision, the presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may
fashion and issue any protective orders necessary to assure proper handling of the data by
the parties. If the data are a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual abuse, the presiding officer
shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data
are data subject to the protections under chapter 5B or section 13.045, the presiding officer
shall consider the provisions of section 5B.11.
Sec. 2.
Minnesota Statutes 2024, section 13.821, is amended to read:
13.821 deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end OF CHILD ABUSE VICTIMS.
(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
obtain a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end in which a child victim or alleged victim is alleging,
explaining, denying, or describing an act of physical or sexual abuse without a court order
under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual
abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a
person responsible for the child's care or in a significant relationship with the child or
position of authority.
(b) This section does not limit other rights of access to data by an individual under section
13.04, subdivision 3, other than the right to obtain a copy of the deleted text begin videotapedeleted text end new text begin recordingnew text end , nor
prohibit rights of access pursuant to discovery in a court proceeding.
Sec. 3.
Minnesota Statutes 2024, section 144.296, is amended to read:
144.296 COPIES OF deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end .
A provider may not release a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child victim or alleged
victim of physical or sexual abuse without a court order under section 13.03, subdivision
6, or as provided in section 611A.90. This section does not limit the right of a patient to
view new text begin or listen to new text end the deleted text begin videotapedeleted text end new text begin recordingnew text end .
Sec. 4.
Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:
Subd. 2.
Ban on obscene material or pornographic work.
The executive board shall
prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous
persons under chapter 253D from having or receiving material that is obscene as defined
under section 617.241, subdivision 1, material that depicts sexual conduct as defined under
section 617.241, subdivision 1, or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end as defined
under section 617.246, subdivision 1, while receiving services in any secure treatment
facilities operated by the Minnesota Sex Offender Program or any other facilities operated
by the executive board.
Sec. 5.
Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
Subd. 3.
Penalties.
A person who violates subdivision 2 may be sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is $250 or less, the person may be sentenced as provided in
section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3, clause (4);
(3) if the offense involves two or three direct victims or the total, combined loss to the
direct and indirect victims is more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (3);
(4) if the offense involves more than three but not more than seven direct victims, or if
the total combined loss to the direct and indirect victims is more than $2,500, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (2);
(5) if the offense involves eight or more direct victims, or if the total, combined loss to
the direct and indirect victims is more than $35,000, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (1); and
(6) if the offense is related to possession or distribution of deleted text begin pornographic workdeleted text end new text begin child
sexual abuse materialnew text end in violation of section 617.246 or 617.247, the person may be sentenced
as provided in section 609.52, subdivision 3, clause (1).
Sec. 6.
Minnesota Statutes 2024, section 611A.90, is amended to read:
611A.90 RELEASE OF deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end OF CHILD ABUSE
VICTIMS.
Subdivision 1.
Definition.
For purposes of this section, "physical abuse" and "sexual
abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts
by a person responsible for the child's care or in a significant relationship with the child or
position of authority.
Subd. 2.
Court order required.
(a) A custodian of a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child
victim or alleged victim alleging, explaining, denying, or describing an act of physical or
sexual abuse as part of an investigation or evaluation of the abuse may not release a copy
of the deleted text begin videotapedeleted text end new text begin recordingnew text end without a court order, notwithstanding that the subject has
consented to the release of the deleted text begin videotapedeleted text end new text begin recordingnew text end or that the release is authorized under
law.
(b) The court order may govern the purposes for which the deleted text begin videotapedeleted text end new text begin recordingnew text end may be
used, reproduction, release to other persons, retention and return of copies, and other
requirements reasonably necessary for protection of the privacy and best interests of the
child.
Subd. 3.
Petition.
An individual subject of data, as defined in section 13.02, or a patient,
as defined in sections 144.291 to 144.298, who is seeking a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end
governed by this section may petition the district court in the county where the alleged abuse
took place or where the custodian of the deleted text begin videotapedeleted text end new text begin recordingnew text end resides for an order releasing
a copy of the deleted text begin videotapedeleted text end new text begin recordingnew text end under subdivision 2. Nothing in this section establishes
a right to obtain access to a deleted text begin videotapedeleted text end new text begin recordingnew text end by any other person nor limits a right of a
person to obtain access if access is otherwise authorized by law or pursuant to discovery in
a court proceeding.
Sec. 7.
Minnesota Statutes 2024, section 617.246, is amended to read:
617.246 USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
Subdivision 1.
Definitions.
(a) For the purpose of this section, the terms defined in this
subdivision have the meanings given deleted text begin themdeleted text end .
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance or other exhibition presented before
an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
actual or simulated sexual conduct as defined by deleted text begin clausedeleted text end new text begin paragraphnew text end (e).
(e) "Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-genital,
anal-genital, or oral-genital intercourse, whether between human beings or between a human
being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
or the condition of being fettered, bound or otherwise physically restrained on the part of
one so clothed;
(3) masturbation;
(4) lewd exhibitions of the genitals; or
(5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
male or female, or the breasts of the female, whether alone or between members of the same
or opposite sex or between humans and animals in an act of apparent sexual stimulation or
gratification.
(f) deleted text begin "Pornographic work"deleted text end new text begin "Child sexual abuse material"new text end means:
(1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
videodisc, or drawing of a sexual performance involving a minor; or
(2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
slide, or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
in sexual conduct; or
(iii) is advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a minor engaging
in sexual conduct.
For the purposes of this paragraph, an identifiable minor is a person who was a minor
at the time the depiction was created or altered, whose image is used to create the visual
depiction.
new text begin
(g) "Material" has the meaning given in section 617.241, subdivision 1, paragraph (e).
new text end
Subd. 2.
Use of minor.
(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 posing or modeling alone or with
others in any sexual performance or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end if the
person knows or has reason to know that the conduct intended is a sexual performance or
deleted text begin a pornographic workdeleted text end new text begin child sexual abuse materialnew text end .
Any person who violates this paragraph 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 $20,000,
or both.
(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 $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 3.
Operation or ownership of business.
(a) A person who owns or operates a
business in which deleted text begin a pornographic workdeleted text end new text begin child sexual abuse materialnew text end , 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 deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end disseminated or 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 $20,000, or both.
(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 $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 4.
Dissemination.
(a) A person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor deleted text begin a pornographic workdeleted text end new text begin child
sexual abuse materialnew text end , as defined in this section, 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
$20,000, or both.
(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 $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 5.
Consent; mistake.
Neither consent to sexual performance by a minor or the
minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a
charge of violation of this section.
Subd. 6.
Affirmative defense.
It shall be an affirmative defense to a charge of violating
this section that the sexual performance or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end
was produced using only persons who were 18 years or older.
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 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, 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 15
years. The terms of conditional release are governed by section 609.3455, subdivision 8.
Sec. 8.
Minnesota Statutes 2024, section 617.247, is amended to read:
617.247 POSSESSION OF deleted text begin PORNOGRAPHIC WORK INVOLVING MINORSdeleted text end new text begin
CHILD SEXUAL ABUSE IMAGESnew text end .
Subdivision 1.
Policy; purpose.
It is the policy of the legislature in enacting this section
to protect minors from the physical and psychological damage caused by their being used
in deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct which involves
minors. It is therefore the intent of the legislature to penalize possession of deleted text begin pornographic
workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct which involve minors or appears
to involve minors in order to protect the identity of minors who are victimized by involvement
in the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end , and to protect minors from future
involvement in deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct.
Subd. 2.
Definitions.
For purposes of this section, the following terms have the meanings
given deleted text begin themdeleted text end :
(a) deleted text begin "Pornographic work"deleted text end new text begin "Child sexual abuse material"new text end has the meaning given deleted text begin to itdeleted text end in
section 617.246.
(b) "Sexual conduct" has the meaning given deleted text begin to itdeleted text end in section 617.246.
Subd. 3.
Dissemination prohibited.
(a) A person who disseminates deleted text begin pornographic workdeleted text end new text begin
child sexual abuse materialnew text end 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 seven years or to payment of a fine of not more than $10,000, or both.
(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:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 4.
Possession prohibited.
(a) A person who possesses deleted text begin a pornographic workdeleted text end new text begin child
sexual abuse materialnew text end or a computer disk or computer or other electronic, magnetic, or
optical storage system or a storage system of any other type, containing deleted text begin a pornographic
workdeleted text end new text begin child sexual abuse materialnew text end , 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 five years or
to payment of a fine of not more than $5,000, or both.
(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:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 5.
Exception.
This section does not apply to the performance of official duties
by peace officers, court personnel, or attorneys, nor to 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.
Subd. 6.
Consent.
Consent to sexual performance by a minor or the minor's parent,
guardian, or custodian is not a defense to a charge of violation of this section.
Subd. 7.
Second offense.
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.
Subd. 8.
Affirmative defense.
It shall be an affirmative defense to a charge of violating
this section that the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end was produced using
only persons who were 18 years or older.
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 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, 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 15
years. The terms of conditional release are governed by section 609.3455, subdivision 8.
Sec. 9.
Minnesota Statutes 2024, section 634.35, is amended to read:
634.35 deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end OF CHILD VICTIMS; CONDITIONS OF
DISCLOSURE.
(a) If a deleted text begin videotapeddeleted text end new text begin recordednew text end interview of a child victim of physical or sexual abuse is
disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following
applies:
(1) no more than two copies of the deleted text begin tapedeleted text end new text begin recordingnew text end or any portion of the deleted text begin tapedeleted text end new text begin recordingnew text end
may be made by the defendant or the defendant's attorney, investigator, expert, or any other
representative or agent of the defendant;
(2) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may not be used for any purpose other than to prepare for the
defense in the criminal action against the defendant;
(3) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may not be publicly exhibited, shown, displayed, used for
educational, research, or demonstrative purposes, or used in any other fashion, except in
judicial proceedings in the criminal action against the defendant;
(4) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may be viewed only by the defendant, the defendant's attorney,
and the attorney's employees, investigators, and experts;
(5) no transcript of the deleted text begin tapesdeleted text end new text begin recordingsnew text end , nor the substance of any portion of the deleted text begin tapesdeleted text end new text begin
recordingsnew text end , may be divulged to any person not authorized to view new text begin or listen to new text end the deleted text begin tapesdeleted text end new text begin
recordingsnew text end ;
(6) no person may be granted access to the deleted text begin tapesdeleted text end new text begin recordingsnew text end , any transcription of the
deleted text begin tapesdeleted text end new text begin recordingsnew text end , or the substance of any portion of the deleted text begin tapesdeleted text end new text begin recordingsnew text end unless the person
has first signed a written agreement that the person is aware of this statute and acknowledges
that the person is subject to the court's contempt powers for any violation of it; and
(7) upon final disposition of the criminal case against the defendant, the deleted text begin tapesdeleted text end new text begin recordingsnew text end
and any transcripts of the deleted text begin tapesdeleted text end new text begin recordingsnew text end must be returned to the prosecuting attorney.
(b) The court may hold a person who violates this section in contempt.
Sec. 10. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
Minnesota Rules to reflect the changes made in this act.
new text end