HF 3978

as introduced - 89th Legislature (2015 - 2016) Posted on 05/02/2016 04:44pm

A bill for an act
relating to public safety; prohibiting minors from possessing or disseminating
indecent images; allowing retroactive applications for relief; creating penalties;
proposing coding for new law in Minnesota Statutes, chapter 617.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [617.248] INDECENT IMAGES INVOLVING MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Offenses. new text end

new text begin (a) It is unlawful for a minor to knowingly and voluntarily
use a computer or electronic or wireless communication device to transmit or disseminate
an image of oneself that depicts sexual conduct.
new text end

new text begin (b) It is unlawful for a minor to knowingly possess an image transmitted or
disseminated to the person in violation of paragraph (a). It shall not be a violation of this
paragraph if the person took reasonable steps to destroy or eliminate the image, whether or
not successful, or report the image to a parent, guardian, school official, or peace officer.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 1, paragraph (a), is
guilty of a misdemeanor. A second or subsequent violation under this paragraph is a
gross misdemeanor.
new text end

new text begin (b) A person who violates subdivision 1, paragraph (b), is guilty of a petty
misdemeanor. A second or subsequent violation under this paragraph is a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Diversion; charges. new text end

new text begin (a) A prosecutor shall offer pretrial diversion under
section 388.24 to a minor who has not previously been adjudicated delinquent for violating
this section and has not previously participated in a diversion program for any offense.
new text end

new text begin (b) A minor who violates this section and has not previously been adjudicated
delinquent for a violation of this section shall not be charged with or petitioned for an
offense arising out of the same circumstances under any other section of law.
new text end

new text begin Subd. 4. new text end

new text begin Application for retroactive relief. new text end

new text begin (a) Any person who, before reaching
the age of 18, was charged with or petitioned for a violation of section 617.247 and
convicted of or adjudicated delinquent of that offense or another offense arising out of the
same circumstances, may institute a proceeding applying for retroactive application of this
section. The court may grant a petition for retroactivity subject to the same procedures,
standards, and conditions for postconviction relief under section 590.01, subdivision 3.
new text end

new text begin (b) If a person is resentenced under this section, the person is not obligated to comply
with the collateral sanctions of the original conviction, including registration under section
243.166, unless the collateral sanction also applies to a conviction under this section.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "minor" means any person under the age of 18; and
new text end

new text begin (2) "sexual conduct" has the meaning provided in section 617.245, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to offenses committed on or after that date, and to offenses committed before
that date if subdivision 4 applies.
new text end