Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 198-H.F.No. 1071 
           An act relating to crimes; criminal sexual conduct; 
          clarifying the definition of "mentally incapacitated"; 
          providing that criminal sexual contact requires sexual 
          or aggressive intent; expanding the definition of 
          coercion; amending Minnesota Statutes 1986, section 
          609.341, subdivisions 7, 11, and 14.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.341, 
subdivision 7, is amended to read:  
    Subd. 7.  "Mentally incapacitated" means that a person is 
rendered temporarily incapable of appraising or controlling that 
person's conduct due to under the influence of alcohol, a 
narcotic, anesthetic, or any other substance, administered to 
that person without the person's agreement, or due to any other 
act committed upon that person without the person's 
agreement lacks the judgment to give a reasoned consent to 
sexual contact or sexual penetration. 
    Sec. 2.  Minnesota Statutes 1986, section 609.341, 
subdivision 11, is amended to read: 
    Subd. 11.  (a) "Sexual contact," for the purposes of 
sections 609.343, subdivision 1, clauses (a) to (f), and 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j), 
includes any of the following acts committed without the 
complainant's consent, for the purpose of satisfying the actor's 
sexual or aggressive impulses, except in those cases where 
consent is not a defense, and committed with sexual or 
aggressive intent: 
    (i) the intentional touching by the actor of the 
complainant's intimate parts, or 
    (ii) the touching by the complainant of the actor's, the 
complainant's, or another's intimate parts effected by coercion 
or the use of a position of authority, or by inducement if the 
complainant is under 13 years of age or mentally impaired, or 
    (iii) the touching by another of the complainant's intimate 
parts effected by coercion or the use of a position of 
authority, or 
    (iv) in any of the cases above, the touching of the 
clothing covering the immediate area of the intimate parts. 
    (b) "Sexual contact," for the purposes of sections 609.343, 
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
clauses (f) and (g), includes any of the following acts, if the 
acts can reasonably be construed as being for the purpose of 
satisfying the actor's committed with sexual or aggressive 
impulses intent: 
    (i) the intentional touching by the actor of the 
complainant's intimate parts; 
    (ii) the touching by the complainant of the actor's, the 
complainant's, or another's intimate parts; 
    (iii) the touching by another of the complainant's intimate 
parts; or 
    (iv) in any of the cases listed above, touching of the 
clothing covering the immediate area of the intimate parts. 
     Sec. 3.  Minnesota Statutes 1986, section 609.341, 
subdivision 14, is amended to read: 
    Subd. 14.  "Coercion" means words or circumstances that 
cause the complainant reasonably to fear that the actor will 
inflict bodily harm upon, or hold in confinement, the 
complainant or another, or force the complainant to submit to 
sexual penetration or contact, but proof of coercion does not 
require proof of a specific act or threat. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1987, and apply to 
crimes committed on or after that date. 
    Approved May 21, 1987