Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 445-H.F.No. 1835 
           An act relating to crimes; prohibiting the 
          solicitation of children to engage in sexual conduct; 
          clarifying certain language relating to deprivation of 
          parental rights; requiring certain notifications; 
          imposing a penalty; amending Minnesota Statutes 1984, 
          sections 609.26, subdivision 5; and 611A.06; Minnesota 
          Statutes 1985 Supplement, section 609.26, subdivision 
          1; proposing coding for new law in Minnesota Statutes, 
          chapter 609.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1985 Supplement, section 
609.26, subdivision 1, is amended to read: 
    Subdivision 1.  [PROHIBITED ACTS.] Whoever intentionally 
does any of the following acts may be charged with a felony and, 
upon conviction, may be sentenced as provided in subdivision 6:  
    (1) conceals a minor child from the child's parent where 
the action manifests an intent substantially to deprive that 
parent of parental rights or conceals a minor child from another 
person having the right to visitation or custody where the 
action manifests an intent to substantially deprive that person 
of rights to visitation or custody; 
    (2) takes, obtains, retains, or fails to return a minor 
child in violation of a court order which has transferred legal 
custody under chapter 260 to the commissioner of human services, 
a child placing agency, or the county welfare board;  
    (3) takes, obtains, retains, or fails to return a minor 
child from or to the parent in violation of a court order, where 
the action manifests an intent substantially to deprive that 
parent of rights to visitation or custody; or 
    (4) takes, obtains, retains, or fails to return a minor 
child from or to a parent after commencement of an action 
relating to child visitation or custody but prior to the 
issuance of an order determining custody or visitation rights, 
where the action manifests an intent substantially to deprive 
that parent of parental rights. 
    Sec. 2.  Minnesota Statutes 1984, section 609.26, 
subdivision 5, is amended to read:  
    Subd. 5.  [DISMISSAL OF CHARGE.] A felony charge brought 
under this section shall be dismissed if:  
    (a) the person voluntarily returns the child within 14 days 
after he takes, detains, or fails to return the child in 
violation of this section; or 
    (b)(1) the person taking the action and the child have not 
left the state of Minnesota; and (2) within a period of 14 days 
after taking the action, (i) a motion or proceeding under 
chapters 518, 518A, 518B, or 518C is commenced by the person 
taking the action, or (ii) the attorney representing the person 
taking the action has consented to service of process by the 
party whose rights are being deprived, for any motion or action 
pursuant to chapters 518, 518A, 518B, or 518C.  
    Clause (a) does not apply if the person returns the child 
as a result of being located by law enforcement authorities.  
    Sec. 3.  [609.352] [SOLICITATION OF CHILDREN TO ENGAGE IN 
SEXUAL CONDUCT.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "child" means a person under the age of 15 years;  
    (b) "sexual conduct" means sexual contact of the 
individual's primary genital area, sexual penetration as defined 
in section 609.341, or sexual performance as defined in section 
617.246; and 
    (c) "solicit" means commanding, entreating, or attempting 
to persuade a specific person. 
    Subd. 2.  [PROHIBITED ACT.] A person 18 years of age or 
older who solicits a child to engage in sexual conduct with 
intent to engage in sexual conduct is guilty of a felony and may 
be sentenced to imprisonment for not more than three years, or 
to payment of a fine of not more than $5,000, or both. 
    Subd. 3.  [DEFENSES.] Mistake as to age is not a defense to 
a prosecution under this section. 
    Sec. 4.  Minnesota Statutes 1984, section 611A.06, is 
amended to read: 
    611A.06 [RIGHT TO NOTICE OF RELEASE.] 
    The commissioner of corrections or other custodial 
authority shall make a good faith effort to notify the victim 
that the offender is to be released from imprisonment or 
incarceration, other than including release on extended furlough 
and for work release, or released from a facility in which the 
offender was confined due to incompetency, mental illness, 
mental deficiency, or commitment under section 253B.18, prior to 
the release if the victim has mailed to the commissioner of 
corrections or to the head of the facility in which the offender 
is confined a written request for this notice.  The commissioner 
or other custodial authority complies with this section if he 
mails the notice of impending release to the victim at the 
address which the victim has most recently provided to him in 
writing.  
    Sec. 5.  [EFFECTIVE DATE.] 
    Section 3 is effective August 1, 1986, and applies to 
crimes committed on or after that date. 
    Approved March 25, 1986