Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 381-S.F.No. 2433 
                  An act relating to crimes; defining the crimes of 
                  sexual conduct in third and fourth degrees to include 
                  persons who sexually penetrate vulnerable adults under 
                  certain circumstances and who are agents of special 
                  transportation service providers; requiring a 
                  mandatory sentence for violation of certain criminal 
                  sexual conduct in the second degree offenses; 
                  providing for payment of criminal sexual conduct 
                  examinations; prescribing penalties; amending 
                  Minnesota Statutes 2000, sections 609.341, by adding a 
                  subdivision; 609.343, subdivision 2; 609.349; 609.35; 
                  Minnesota Statutes 2001 Supplement, sections 609.344, 
                  subdivision 1; 609.345, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 609.341, is 
        amended by adding a subdivision to read: 
           Subd. 21.  [SPECIAL TRANSPORTATION.] "Special 
        transportation service" means motor vehicle transportation 
        provided on a regular basis by a public or private entity or 
        person that is intended exclusively or primarily to serve 
        individuals who are vulnerable adults, handicapped, or 
        disabled.  Special transportation service includes, but is not 
        limited to, service provided by buses, vans, taxis, and 
        volunteers driving private automobiles. 
           Sec. 2.  Minnesota Statutes 2000, section 609.343, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
        section 609.109, a person convicted under subdivision 1 may be 
        sentenced to imprisonment for not more than 25 years or to a 
        payment of a fine of not more than $35,000, or both. 
           (b) Unless a longer mandatory minimum sentence is otherwise 
        required by law or the sentencing guidelines provide for a 
        longer presumptive executed sentence, the court shall presume 
        that an executed sentence of 90 months must be imposed on an 
        offender convicted of violating subdivision 1, clause (c), (d), 
        (e), (f), or (h).  Sentencing a person in a manner other than 
        that described in this paragraph is a departure from the 
        sentencing guidelines. 
           Sec. 3.  Minnesota Statutes 2001 Supplement, 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. 
        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 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; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual penetration 
        occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists.  
           Consent by the complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (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; 
           (k) the actor accomplishes the sexual penetration by means 
        of deception or false representation that the penetration is for 
        a bona fide medical purpose.  Consent by the complainant is not 
        a defense; 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual penetration occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual penetration occurred during a period of 
        time in which the complainant was meeting on an ongoing basis 
        with the actor to seek or receive religious or spiritual advice, 
        aid, or comfort in private.  Consent by the complainant is not a 
        defense; or 
           (m) the actor is an employee, independent contractor, or 
        volunteer of a state, county, city, or privately operated adult 
        or juvenile correctional system, including, but not limited to, 
        jails, prisons, detention centers, or work release facilities, 
        and the complainant is a resident of a facility or under 
        supervision of the correctional system.  Consent by the 
        complainant is not a defense; or 
           (n) the actor provides or is an agent of an entity that 
        provides special transportation service, the complainant used 
        the special transportation service, and the sexual penetration 
        occurred during or immediately before or after the actor 
        transported the complainant.  Consent by the complainant is not 
        a defense. 
           Sec. 4.  Minnesota Statutes 2001 Supplement, 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.  
        Consent by the complainant to the act is not a defense.  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. 
        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 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; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual contact occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists.  Consent by the 
        complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (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; 
           (k) the actor accomplishes the sexual contact by means of 
        deception or false representation that the contact is for a bona 
        fide medical purpose.  Consent by the complainant is not a 
        defense; 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual contact occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual contact occurred during a period of time in 
        which the complainant was meeting on an ongoing basis with the 
        actor to seek or receive religious or spiritual advice, aid, or 
        comfort in private.  Consent by the complainant is not a 
        defense; or 
           (m) the actor is an employee, independent contractor, or 
        volunteer of a state, county, city, or privately operated adult 
        or juvenile correctional system, including, but not limited to, 
        jails, prisons, detention centers, or work release facilities, 
        and the complainant is a resident of a facility or under 
        supervision of the correctional system.  Consent by the 
        complainant is not a defense; or 
           (n) the actor provides or is an agent of an entity that 
        provides special transportation service, the complainant used 
        the special transportation service, the complainant is not 
        married to the actor, and the sexual contact occurred during or 
        immediately before or after the actor transported the 
        complainant.  Consent by the complainant is not a defense. 
           Sec. 5.  Minnesota Statutes 2000, section 609.349, is 
        amended to read: 
           609.349 [VOLUNTARY RELATIONSHIPS.] 
           A person does not commit criminal sexual conduct under 
        sections 609.342, clauses (a) and (b), 609.343, clauses (a) and 
        (b), 609.344, clauses (a), (b), (d), and (e), and (n), and 
        609.345, clauses (a), (b), (d), and (e), and (n), if the actor 
        and complainant were adults cohabiting in an ongoing voluntary 
        sexual relationship at the time of the alleged offense, or if 
        the complainant is the actor's legal spouse, unless the couple 
        is living apart and one of them has filed for legal separation 
        or dissolution of the marriage.  Nothing in this section shall 
        be construed to prohibit or restrain the prosecution for any 
        other offense committed by one legal spouse against the other. 
           Sec. 6.  Minnesota Statutes 2000, section 609.35, is 
        amended to read: 
           609.35 [COSTS OF MEDICAL EXAMINATION.] 
           No Costs incurred by a county, city, or private hospital or 
        other emergency medical facility or by a private physician for 
        the examination of a complainant of criminal sexual conduct when 
        the examination is performed for the purpose of gathering 
        evidence for possible prosecution, shall be charged directly or 
        indirectly to the complainant paid by the county in which the 
        alleged offense was committed.  The Reasonable costs of the 
        examination shall be paid by the county in which the alleged 
        offense was committed include, but are not limited to, full cost 
        of the rape kit examination, associated tests relating to the 
        complainant's sexually transmitted disease status, and pregnancy 
        status.  Nothing in this section shall be construed to limit the 
        duties, responsibilities, or liabilities of any insurer, whether 
        public or private. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 and 3 to 5 are effective August 1, 2002, and 
        apply to crimes committed on or after that date.  Section 2 is 
        effective the day following final enactment and applies to 
        crimes committed on or after that day.  Section 6 is effective 
        the day following final enactment. 
           Presented to the governor May 17, 2002 
           Signed by the governor May 21, 2002, 3:13 p.m.