Minnesota Legislature
SF 1220
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2022 09:42am
Current Version - as introduced
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A bill for an act
relating to public safety; increasing penalties for creating, distributing, and
possessing sexually explicit materials involving children; amending Minnesota
Statutes 2020, sections 617.246, subdivisions 2, 4; 617.247, subdivisions 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 617.246, subdivision 2, is amended to read:
Subd. 2.
Use of minor.
(a) It is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.
Any person who violates this paragraph is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 25 years, and sentenced to payment of
a fine of not more than $20,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or shall be committed to the commissioner of
corrections for not less than 25 years, nor more than 30 years, and sentenced to payment of
a fine of not more than $40,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section
617.247; or
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or.
(3) the violation involved a minor under the age of 13 years.
Sec. 2.
Minnesota Statutes 2020, section 617.246, subdivision 4, is amended to read:
Subd. 4.
Dissemination for profit.
(a) A person who, knowing or with reason to know
its content and character, disseminates for profit to an adult or a minor a pornographic work,
as defined in this section, is guilty of a felony and may be sentenced to imprisonment for
not more than ten years, or shall be committed to the commissioner of corrections for not
less than ten years, nor more than 20 years, and sentenced to payment of a fine of not more
than $20,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 25 years, and sentenced to payment of
a fine of not more than $40,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section
617.247; or
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or.
(3) the violation involved a minor under the age of 13 years.
Sec. 3.
Minnesota Statutes 2020, section 617.247, subdivision 3, is amended to read:
Subd. 3.
Dissemination or receipt prohibited.
(a) A person who disseminates
pornographic work to an adult or a minor or receives a pornographic work, knowing or with
reason to know its content and character, is guilty of a felony and may be sentenced to
imprisonment for not more than seven years or shall be committed to the commissioner of
corrections for not less than five years, nor more than 20 years, and sentenced to payment
of a fine of not more than $10,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or shall be committed to the commissioner of
corrections for not less than 15 years, nor more than 25 years, and sentenced to payment of
a fine of not more than $20,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section
617.246; or
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or.
(3) the violation involved a minor under the age of 13 years.
Sec. 4.
Minnesota Statutes 2020, section 617.247, subdivision 4, is amended to read:
Subd. 4.
Possession prohibited.
(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, or attempts to access the same with the intent to view
pornographic work, is guilty of a felony and may be sentenced to imprisonment for not
more than five ten years or and sentenced to payment of a fine of not more than $5,000, or
both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten 15 years or and sentenced to payment of a fine of not
more than $10,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for a sex offense, as
defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section
617.246; or
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or.
(3) the violation involved a minor under the age of 13 years.
(c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 20 years and sentenced to payment of a fine of not more
than $20,000 if the violation involved a minor under the age of 13 years.