1.1 	A bill for an act
1.2 	relating to public safety; expanding the time period in which an offender is 
1.3 	considered to be in a position of authority over a victim for purposes of the 
1.4 	criminal sexual conduct laws;amending Minnesota Statutes 2010, sections 
1.5 	609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 
1.6 	609.344, subdivision 1; 609.345, subdivision 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2010, section 609.341, subdivision 10, is amended to 
1.9 	read:
1.10 		Subd. 10.Position of authority. "Position of authority" includes but is not limited 
1.11 	to any person who is a parent or acting in the place of a parent and charged with any 
1.12 	of a parent's rights, duties or responsibilities to a child, or a person who is charged 
1.13 	with any duty or responsibility for the health, welfare, or supervision of a child, either 
1.14 	independently or through another, no matter how brief, at the time of or within the 24 
1.15 	months immediately preceding the act. For the purposes of subdivision 11, "position 
1.16 	of authority" includes a psychotherapist.

1.17 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
1.18 	committed on or after that date.

1.19 	Sec. 2. Minnesota Statutes 2010, section 609.342, subdivision 1, is amended to read:
1.20 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
1.21 	another person, or in sexual contact with a person under 13 years of age as defined in 
1.22 	section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the 
1.23 	first degree if any of the following circumstances exists: 
2.1 	(a) the complainant is under 13 years of age and the actor is more than 36 months 
2.2 	older than the complainant. Neither mistake as to the complainant's age nor consent to 
2.3 	the act by the complainant is a defense;
2.4 	(b) the complainant is at least 13 years of age but less than 16 years of age and the 
2.5 	actor is more than 48 months older than the complainant and is or has within the 24 months 
2.6 	immediately preceding the act been in a position of authority over the complainant. Neither 
2.7 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
2.8 	(c) circumstances existing at the time of the act cause the complainant to have a 
2.9 	reasonable fear of imminent great bodily harm to the complainant or another;
2.10 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
2.11 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
2.12 	uses or threatens to use the weapon or article to cause the complainant to submit;
2.13 	(e) the actor causes personal injury to the complainant, and either of the following 
2.14 	circumstances exist:
2.15 	(i) the actor uses force or coercion to accomplish sexual penetration; or
2.16 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
2.17 	mentally incapacitated, or physically helpless;
2.18 	(f) the actor is aided or abetted by one or more accomplices within the meaning of 
2.19 	section 609.05, and either of the following circumstances exists: 
2.20 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
2.21 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
2.22 	in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and 
2.23 	uses or threatens to use the weapon or article to cause the complainant to submit;
2.24 	(g) the actor has a significant relationship to the complainant and the complainant 
2.25 	was under 16 years of age at the time of the sexual penetration. Neither mistake as to the 
2.26 	complainant's age nor consent to the act by the complainant is a defense; or
2.27 	(h) the actor has a significant relationship to the complainant, the complainant was 
2.28 	under 16 years of age at the time of the sexual penetration, and:
2.29 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
2.30 	(ii) the complainant suffered personal injury; or
2.31 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
2.32 	time.
2.33 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
2.34 	is a defense.

2.35 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
2.36 	committed on or after that date.

3.1 	Sec. 3. Minnesota Statutes 2010, section 609.343, subdivision 1, is amended to read:
3.2 		Subdivision 1.Crime defined. A person who engages in sexual contact with 
3.3 	another person is guilty of criminal sexual conduct in the second degree if any of the 
3.4 	following circumstances exists:
3.5 	(a) the complainant is under 13 years of age and the actor is more than 36 months 
3.6 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
3.7 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
3.8 	required to prove that the sexual contact was coerced;
3.9 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
3.10 	than 48 months older than the complainant and is or has within the 24 months immediately 
3.11 	preceding the act been in a position of authority over the complainant. Neither mistake as 
3.12 	to the complainant's age nor consent to the act by the complainant is a defense;
3.13 	(c) circumstances existing at the time of the act cause the complainant to have a 
3.14 	reasonable fear of imminent great bodily harm to the complainant or another;
3.15 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
3.16 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
3.17 	uses or threatens to use the dangerous weapon to cause the complainant to submit;
3.18 	(e) the actor causes personal injury to the complainant, and either of the following 
3.19 	circumstances exist:
3.20 	(i) the actor uses force or coercion to accomplish the sexual contact; or
3.21 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
3.22 	mentally incapacitated, or physically helpless;
3.23 	(f) the actor is aided or abetted by one or more accomplices within the meaning of 
3.24 	section 609.05, and either of the following circumstances exists: 
3.25 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
3.26 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
3.27 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
3.28 	uses or threatens to use the weapon or article to cause the complainant to submit;
3.29 	(g) the actor has a significant relationship to the complainant and the complainant 
3.30 	was under 16 years of age at the time of the sexual contact. Neither mistake as to the 
3.31 	complainant's age nor consent to the act by the complainant is a defense; or
3.32 	(h) the actor has a significant relationship to the complainant, the complainant was 
3.33 	under 16 years of age at the time of the sexual contact, and:
3.34 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
3.35 	(ii) the complainant suffered personal injury; or
4.1 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
4.2 	time.
4.3 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
4.4 	is a defense.

4.5 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
4.6 	committed on or after that date.

4.7 	Sec. 4. Minnesota Statutes 2010, section 609.344, subdivision 1, is amended to read:
4.8 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
4.9 	another person is guilty of criminal sexual conduct in the third degree if any of the 
4.10 	following circumstances exists:
4.11 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
4.12 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
4.13 	act by the complainant shall be a defense;
4.14 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
4.15 	than 24 months older than the complainant. In any such case if the actor is no more 
4.16 	than 120 months older than the complainant, it shall be an affirmative defense, which 
4.17 	must be proved by a preponderance of the evidence, that the actor reasonably believes 
4.18 	the complainant to be 16 years of age or older. In all other cases, mistake as to the 
4.19 	complainant's age shall not be a defense. If the actor in such a case is no more than 48 
4.20 	months but more than 24 months older than the complainant, the actor may be sentenced 
4.21 	to imprisonment for not more than five years. Consent by the complainant is not a defense;
4.22 	(c) the actor uses force or coercion to accomplish the penetration;
4.23 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
4.24 	mentally incapacitated, or physically helpless;
4.25 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more 
4.26 	than 48 months older than the complainant and is or has within the 24 months immediately 
4.27 	preceding the act been in a position of authority over the complainant. Neither mistake as 
4.28 	to the complainant's age nor consent to the act by the complainant is a defense;
4.29 	(f) the actor has a significant relationship to the complainant and the complainant 
4.30 	was at least 16 but under 18 years of age at the time of the sexual penetration. Neither 
4.31 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
4.32 	(g) the actor has a significant relationship to the complainant, the complainant was at 
4.33 	least 16 but under 18 years of age at the time of the sexual penetration, and:
4.34 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
4.35 	(ii) the complainant suffered personal injury; or
5.1 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
5.2 	time.
5.3 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
5.4 	is a defense;
5.5 	(h) the actor is a psychotherapist and the complainant is a patient of the 
5.6 	psychotherapist and the sexual penetration occurred:
5.7 	(i) during the psychotherapy session; or
5.8 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
5.9 	relationship exists.
5.10 	Consent by the complainant is not a defense;
5.11 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
5.12 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
5.13 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
5.14 	and the sexual penetration occurred by means of therapeutic deception. Consent by the 
5.15 	complainant is not a defense;
5.16 	(k) the actor accomplishes the sexual penetration by means of deception or false 
5.17 	representation that the penetration is for a bona fide medical purpose. Consent by the 
5.18 	complainant is not a defense;
5.19 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
5.20 	married to the actor, and:
5.21 	(i) the sexual penetration occurred during the course of a meeting in which the 
5.22 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
5.23 	actor in private; or
5.24 	(ii) the sexual penetration occurred during a period of time in which the complainant 
5.25 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
5.26 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
5.27 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
5.28 	city, or privately operated adult or juvenile correctional system, or secure treatment 
5.29 	facility, or treatment facility providing services to clients civilly committed as mentally 
5.30 	ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, 
5.31 	including, but not limited to, jails, prisons, detention centers, or work release facilities, and 
5.32 	the complainant is a resident of a facility or under supervision of the correctional system. 
5.33 	Consent by the complainant is not a defense;
5.34 	(n) the actor provides or is an agent of an entity that provides special transportation 
5.35 	service, the complainant used the special transportation service, and the sexual penetration 
6.1 	occurred during or immediately before or after the actor transported the complainant. 
6.2 	Consent by the complainant is not a defense; or
6.3 	(o) the actor performs massage or other bodywork for hire, the complainant was a 
6.4 	user of one of those services, and nonconsensual sexual penetration occurred during or 
6.5 	immediately before or after the actor performed or was hired to perform one of those 
6.6 	services for the complainant.

6.7 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
6.8 	committed on or after that date.

6.9 	Sec. 5. Minnesota Statutes 2010, section 609.345, subdivision 1, is amended to read:
6.10 		Subdivision 1.Crime defined. A person who engages in sexual contact with 
6.11 	another person is guilty of criminal sexual conduct in the fourth degree if any of the 
6.12 	following circumstances exists:
6.13 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
6.14 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
6.15 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
6.16 	required to prove that the sexual contact was coerced;
6.17 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
6.18 	than 48 months older than the complainant or is or has within the 24 months immediately 
6.19 	preceding the act been in a position of authority over the complainant. Consent by the 
6.20 	complainant to the act is not a defense. In any such case, if the actor is no more than 120 
6.21 	months older than the complainant, it shall be an affirmative defense which must be proved 
6.22 	by a preponderance of the evidence that the actor reasonably believes the complainant 
6.23 	to be 16 years of age or older. In all other cases, mistake as to the complainant's age 
6.24 	shall not be a defense;
6.25 	(c) the actor uses force or coercion to accomplish the sexual contact;
6.26 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
6.27 	mentally incapacitated, or physically helpless;
6.28 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more 
6.29 	than 48 months older than the complainant and is or has within the 24 months immediately 
6.30 	preceding the act been in a position of authority over the complainant. Neither mistake as 
6.31 	to the complainant's age nor consent to the act by the complainant is a defense;
6.32 	(f) the actor has a significant relationship to the complainant and the complainant 
6.33 	was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake 
6.34 	as to the complainant's age nor consent to the act by the complainant is a defense;
7.1 	(g) the actor has a significant relationship to the complainant, the complainant was at 
7.2 	least 16 but under 18 years of age at the time of the sexual contact, and:
7.3 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
7.4 	(ii) the complainant suffered personal injury; or
7.5 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
7.6 	time.
7.7 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
7.8 	is a defense;
7.9 	(h) the actor is a psychotherapist and the complainant is a patient of the 
7.10 	psychotherapist and the sexual contact occurred:
7.11 	(i) during the psychotherapy session; or
7.12 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
7.13 	relationship exists. Consent by the complainant is not a defense;
7.14 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
7.15 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
7.16 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
7.17 	and the sexual contact occurred by means of therapeutic deception. Consent by the 
7.18 	complainant is not a defense;
7.19 	(k) the actor accomplishes the sexual contact by means of deception or false 
7.20 	representation that the contact is for a bona fide medical purpose. Consent by the 
7.21 	complainant is not a defense;
7.22 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
7.23 	married to the actor, and:
7.24 	(i) the sexual contact occurred during the course of a meeting in which the 
7.25 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
7.26 	actor in private; or
7.27 	(ii) the sexual contact occurred during a period of time in which the complainant 
7.28 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
7.29 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
7.30 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
7.31 	city, or privately operated adult or juvenile correctional system, or secure treatment 
7.32 	facility, or treatment facility providing services to clients civilly committed as mentally 
7.33 	ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, 
7.34 	including, but not limited to, jails, prisons, detention centers, or work release facilities, and 
7.35 	the complainant is a resident of a facility or under supervision of the correctional system. 
7.36 	Consent by the complainant is not a defense;
8.1 	(n) the actor provides or is an agent of an entity that provides special transportation 
8.2 	service, the complainant used the special transportation service, the complainant is not 
8.3 	married to the actor, and the sexual contact occurred during or immediately before or after 
8.4 	the actor transported the complainant. Consent by the complainant is not a defense; or
8.5 	(o) the actor performs massage or other bodywork for hire, the complainant was 
8.6 	a user of one of those services, and nonconsensual sexual contact occurred during or 
8.7 	immediately before or after the actor performed or was hired to perform one of those 
8.8 	services for the complainant.

8.9 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
8.10 	committed on or after that date.