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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                         CHAPTER 94-H.F.No. 318 
           An act relating to crimes; creating the crime of 
          criminal sexual conduct by impersonating a health care 
          professional; amending Minnesota Statutes 1986, 
          sections 609.344, subdivision 1; and 609.345, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.344, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CRIME DEFINED.] A person who engages in 
sexual penetration with another person is guilty of criminal 
sexual conduct in the third degree if any of the following 
circumstances exists:  
    (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant shall be a defense;  
    (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 24 months older than the 
complainant.  In any such case it shall be an affirmative 
defense, which must be proved by a preponderance of the 
evidence, that the actor believes the complainant to be 16 years 
of age or older.  If the actor in such a case is no more than 48 
months but more than 24 months older than the complainant, the 
actor may be sentenced to imprisonment for not more than five 
years.  Consent by the complainant is not a defense;  
      (c) the actor uses force or coercion to accomplish the 
penetration;  
      (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless;  
      (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit. 
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
     (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual penetration.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense; 
     (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual penetration, and: 
     (i) the actor or an accomplice used force or coercion to 
accomplish the penetration;  
     (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
     (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
     (iv) the complainant suffered personal injury; or 
     (v) 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; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual penetration 
occurred during the psychotherapy session.  Consent by the 
complainant is not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; or 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual penetration occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense; or 
    (k) the actor accomplishes the sexual penetration by means 
of false representation that the penetration is for a bona fide 
medical purpose by a health care professional.  Consent by the 
complainant is not a defense.  
    Sec. 2.  Minnesota Statutes 1986, section 609.345, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CRIME DEFINED.] A person who engages in 
sexual contact with another person is guilty of criminal sexual 
conduct in the fourth degree if any of the following 
circumstances exists: 
    (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age or consent to the act by the 
complainant is a defense.  In a prosecution under this clause, 
the state is not required to prove that the sexual contact was 
coerced;  
    (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant or in a position of authority over the complainant 
and uses this authority to cause the complainant to submit.  In 
any such case, it shall be an affirmative defense which must be 
proved by a preponderance of the evidence that the actor 
believes the complainant to be 16 years of age or older;  
    (c) the actor uses force or coercion to accomplish the 
sexual contact;  
    (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless;  
    (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit.  
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual contact.  Neither mistake 
as to the complainant's age nor consent to the act by the 
complainant is a defense; 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual contact, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the contact;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) 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; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual contact occurred 
during the psychotherapy session.  Consent by the complainant is 
not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; or 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual contact occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense; or 
    (k) the actor accomplishes the sexual contact by means of 
false representation that the contact is for a bona fide medical 
purpose by a health care professional.  Consent by the 
complainant is not a defense.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1987, and apply to 
crimes committed on or after that date. 
    Approved May 13, 1987