2005 Minnesota Statutes

CHAPTER 617. Abortion; obscenity; houses of ill-fame

  617.01 Repealed, 1967 c 507 s 12 

  617.02 Repealed, 1967 c 507 s 12 

  617.03 Repealed, 1967 c 507 s 12 

  617.04 Repealed, 1963 c 753 art 2 s 17 

  617.05 MS 1961 Repealed, 1965 c 53 s 2 

  617.05 MS 1965 Repealed, 1967 c 507 s 12 

  617.06 Repealed, 1967 c 507 s 12 

  617.07 Repealed, 1967 c 507 s 12 

  617.08 Repealed, 1967 c 507 s 12 

  617.09 Repealed, 1967 c 507 s 12 

  617.10 Repealed, 1967 c 507 s 12 

  617.11 Repealed, 1963 c 753 art 2 s 17 

  617.12 Repealed, 1963 c 753 art 2 s 17 

  617.13 Repealed, 1963 c 753 art 2 s 17 

  617.14 Repealed, 1967 c 507 s 12 

  617.15 Repealed, 1963 c 753 art 2 s 17 

  617.16 Repealed, 1967 c 507 s 12 

  617.17 Repealed, 1967 c 507 s 12 

ABORTION

  617.18 Repealed, 1974 c 177 s 7 

  617.19 Repealed, 1974 c 177 s 7 

     617.20 Drugs to produce miscarriage.  

    Whoever shall manufacture, give, or sell an instrument, 
 drug, or medicine, or any other substance, with intent that the 
 same may be unlawfully used in producing the miscarriage of a 
 woman, shall be guilty of a felony.  

    HIST: (10177) RL s 4944 

     617.21 Evidence.  

    In any prosecution for abortion or attempting abortion, no 
 person shall be excused from testifying as a witness on the 
 ground that the person's testimony would tend to criminate the 
 person.  

    HIST: (10178) RL s 4945; 1986 c 444 

     617.22 Concealing birth. 

    Every person who shall endeavor to conceal the birth of a 
 child by any disposition of its dead body, whether the child 
 died before or after its birth, shall be guilty of a misdemeanor.
 Every person who, having been convicted of endeavoring to 
 conceal the stillbirth of any issue, or the death of any issue 
 under the age of two years, shall, subsequent to that 
 conviction, endeavor to conceal any subsequent birth or death, 
 shall be punished by imprisonment for not more than five years. 

    HIST: (10179) RL s 4946; 1917 c 231 s 1; 1979 c 102 s 13; 1983 
 c 7 s 16 

OBSCENITY

     617.23 Indecent exposure; penalties. 

    Subdivision 1.    Misdemeanor.  A person who commits any 
 of the following acts in any public place, or in any place where 
 others are present, is guilty of a misdemeanor:  

    (1) willfully and lewdly exposes the person's body, or the 
 private parts thereof; 

    (2) procures another to expose private parts; or 

    (3) engages in any open or gross lewdness or lascivious 
 behavior, or any public indecency other than behavior specified 
 in this subdivision. 

    Subd. 2.    Gross misdemeanor.  A person who commits any 
 of the following acts is guilty of a gross misdemeanor: 

    (1) the person violates subdivision 1 in the presence of a 
 minor under the age of 16; or 

    (2) the person violates subdivision 1 after having been 
 previously convicted of violating subdivision 1, sections 
 609.342 to 609.3451, or a statute from another state in 
 conformity with any of those sections. 

    Subd. 3.    Felony.  A person is guilty of a felony and 
 may be sentenced to imprisonment for not more than five years or 
 to payment of a fine of not more than $10,000, or both, if: 

    (1) the person violates subdivision 2, clause (1), after 
 having been previously convicted of or adjudicated delinquent 
 for violating subdivision 2, clause (1); section 609.3451, 
 subdivision 1, clause (2); or a statute from another state in 
 conformity with subdivision 2, clause (1), or section 609.3451, 
 subdivision 1, clause (2); or 

    (2) the person commits a violation of subdivision 1, clause 
 (1), in the presence of another person while intentionally 
 confining that person or otherwise intentionally restricting 
 that person's freedom to move. 

    Subd. 4.    Breast-feeding.  It is not a violation of 
 this section for a woman to breast-feed. 

    HIST: (10186) RL s 4953; 1931 c 321; 1986 c 444; 1994 c 636 
 art 2 s 54; 1995 c 226 art 2 s 31; 1996 c 408 art 3 s 37; 1998 c 
 367 art 3 s 14; 1998 c 369 s 2 

  617.24 Repealed, 1961 c 664 s 2 

     617.241 Obscene materials and performances; distribution 
  and exhibition prohibited; penalty. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the following terms have the meanings given them:  

    (a) "Obscene" means that the work, taken as a whole, 
 appeals to the prurient interest in sex and depicts or describes 
 in a patently offensive manner sexual conduct and which, taken 
 as a whole, does not have serious literary, artistic, political, 
 or scientific value.  In order to determine that a work is 
 obscene, the trier of fact must find: 

    (i) that the average person, applying contemporary 
 community standards would find that the work, taken as a whole, 
 appeals to the prurient interest in sex; 

    (ii) that the work depicts sexual conduct specifically 
 defined by clause (b) in a patently offensive manner; and 

    (iii) that the work, taken as a whole, lacks serious 
 literary, artistic, political, or scientific value.  

    (b) "Sexual conduct" means any of the following:  

    (i) An act of sexual intercourse, normal or perverted, 
 actual or simulated, including genital-genital, anal-genital, or 
 oral-genital intercourse, whether between human beings or 
 between a human being and an animal.  

    (ii) Sadomasochistic abuse, meaning flagellation or torture 
 by or upon a person who is nude or clad in undergarments or in a 
 sexually revealing costume or the condition of being fettered, 
 bound, or otherwise physically restricted on the part of one so 
 clothed or who is nude.  

    (iii) Masturbation, excretory functions, or lewd 
 exhibitions of the genitals including any explicit, close-up 
 representation of a human genital organ.  

    (iv) Physical contact or simulated physical contact with 
 the clothed or unclothed pubic areas or buttocks of a human male 
 or female, or the breasts of the female, whether alone or 
 between members of the same or opposite sex or between humans 
 and animals in an act of apparent sexual stimulation or 
 gratification.  

    (c) "Community" means the political subdivision from which 
 persons properly qualified to serve as jurors in a criminal 
 proceeding are chosen.  

    (d) "Work" means "material" or "performance." 

    (e) "Material" means a book, magazine, pamphlet, paper, 
 writing, card, advertisement, circular, print, picture, 
 photograph, motion picture film, videotape, script, image, 
 instrument, statue, drawing, or other article. 

    (f) "Performance" means a play, motion picture, dance, or 
 other exhibition performed before an audience. 

    Subd. 2.    Crime.  It is unlawful for a person, knowing 
 or with reason to know its content and character, to: 

    (a) exhibit, sell, print, offer to sell, give away, 
 circulate, publish, distribute or attempt to distribute any 
 obscene material; or 

    (b) produce, present, participate in, or direct an obscene 
 performance. 

    Subd. 3.    Penalty.  A person violating subdivision 2 
 is guilty of a gross misdemeanor and may be sentenced to 
 imprisonment for not more than one year, or to payment of a fine 
 of not more than $3,000, or both. 

    Subd. 4.    Second or subsequent violations.  Whoever 
 violates the provisions of subdivision 2 within five years of a 
 previous conviction under that subdivision is guilty of a felony 
 and may be sentenced to imprisonment for not more than two 
 years, or to payment of a fine of not more than $10,000, or both.

    HIST: 1961 c 664 s 1; 1982 c 604 s 1; 1983 c 204 s 9; 1984 c 
 628 art 3 s 11; 1988 c 406 s 1 

     617.243 Indecent literature, distribution. 

    Subdivision 1.    Prohibited activity.  No person, 
 copartnership or corporation shall, as a condition to a sale or 
 delivery for resale of any paper, magazine, book, comic, 
 periodical or publication, require that the purchaser or 
 consignee receive for resale any other article, book, comic or 
 other publication reasonably believed by the purchaser or 
 consignee to be obscene as defined in section 617.241.  

    Subd. 2.    Penalty.  A violation of subdivision 1 is a 
 gross misdemeanor.  

    HIST: 1957 c 323 s 1; 1983 c 204 s 10 

     617.245 Civil action; use of a minor in a sexual 
  performance. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Minor" means any person who, at the time of use in a 
 sexual performance, is under the age of 16. 

    (c) "Promote" means to produce, direct, publish, 
 manufacture, issue, or advertise. 

    (d) "Sexual performance" means any play, dance, or other 
 exhibition presented before an audience or for purposes of 
 visual or mechanical reproduction which depicts sexual conduct 
 as defined by paragraph (e). 

    (e) "Sexual conduct" means any of the following if the 
 depiction involves a minor: 

    (1) an act of sexual intercourse, actual or simulated, 
 including genital-genital, anal-genital, or oral-genital 
 intercourse, whether between human beings or between a human 
 being and an animal; 

    (2) sadomasochistic abuse, meaning flagellation, torture, 
 or similar demeaning acts inflicted by or upon a minor who is 
 nude, or the condition of being fettered, bound, or otherwise 
 physically restrained on the part of one so unclothed; 

    (3) masturbation or lewd exhibitions of the genitals; and 

    (4) physical contact or simulated physical contact with the 
 unclothed pubic areas or buttocks of a human male or female, or 
 the breasts of the female, whether alone or between members of 
 the same or opposite sex or between humans and animals in an act 
 of apparent sexual stimulation or gratification. 

    Subd. 2.    Cause of action.  A cause of action exists 
 for injury caused by the use of a minor in a sexual performance. 
 The cause of action exists against a person who promotes, 
 employs, uses, or permits a minor to engage or assist others to 
 engage in posing or modeling alone or with others in a sexual 
 performance, if the person knows or has reason to know that the 
 conduct intended is a sexual performance. 

    A person found liable for injuries under this section is 
 liable to the minor for damages. 

    Neither consent to sexual performance by the minor or by 
 the minor's parent, guardian, or custodian, or mistake as to the 
 minor's age is a defense to the action. 

    Subd. 3.    Limitation period.  An action for damages 
 under this section must be commenced within six years of the 
 time the plaintiff knew or had reason to know injury was caused 
 by plaintiff's use as a minor in a sexual performance.  The 
 knowledge of a parent, guardian, or custodian may not be imputed 
 to the minor.  This section does not affect the suspension of 
 the statute of limitations during a period of disability under 
 section 541.15. 

    HIST: 1992 c 571 art 12 s 1 

     617.246 Use of minors in sexual performance prohibited. 

    Subdivision 1.    Definitions.  (a) For the purpose of 
 this section, the terms defined in this subdivision have the 
 meanings given them. 

    (b) "Minor" means any person under the age of 18. 

    (c) "Promote" means to produce, direct, publish, 
 manufacture, issue, or advertise. 

    (d) "Sexual performance" means any play, dance or other 
 exhibition presented before an audience or for purposes of 
 visual or mechanical reproduction that uses a minor to depict 
 actual or simulated sexual conduct as defined by clause (e). 

    (e) "Sexual conduct" means any of the following: 

    (1) an act of sexual intercourse, normal or perverted, 
 including genital-genital, anal-genital, or oral-genital 
 intercourse, whether between human beings or between a human 
 being and an animal; 

    (2) sadomasochistic abuse, meaning flagellation, torture, 
 or similar demeaning acts inflicted by or upon a person who is 
 nude or clad in undergarments or in a revealing costume, or the 
 condition of being fettered, bound or otherwise physically 
 restrained on the part of one so clothed; 

    (3) masturbation; 

    (4) lewd exhibitions of the genitals; or 

    (5) physical contact with the clothed or unclothed pubic 
 areas or buttocks of a human male or female, or the breasts of 
 the female, whether alone or between members of the same or 
 opposite sex or between humans and animals in an act of apparent 
 sexual stimulation or gratification. 

    (f) "Pornographic work" means: 

    (1) an original or reproduction of a picture, film, 
 photograph, negative, slide, videotape, videodisc, or drawing of 
 a sexual performance involving a minor; or 

    (2) any visual depiction, including any photograph, film, 
 video, picture, drawing, negative, slide, or computer-generated 
 image or picture, whether made or produced by electronic, 
 mechanical, or other means that: 

    (i) uses a minor to depict actual or simulated sexual 
 conduct; 

    (ii) has been created, adapted, or modified to appear that 
 an identifiable minor is engaging in sexual conduct; or 

    (iii) is advertised, promoted, presented, described, or 
 distributed in such a manner that conveys the impression that 
 the material is or contains a visual depiction of a minor 
 engaging in sexual conduct.  

    For the purposes of this paragraph, an identifiable minor 
 is a person who was a minor at the time the depiction was 
 created or altered, whose image is used to create the visual 
 depiction. 

    Subd. 2.    Use of minor.  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 subdivision is guilty of a 
 felony and may be sentenced to imprisonment for not more than 
 ten years or to payment of a fine of not more than $20,000 for 
 the first offense and $40,000 for a second or subsequent 
 offense, or both. 

    Subd. 3.    Operation or ownership of business.  A 
 person who owns or operates a business in which a pornographic 
 work, as defined in this section, is disseminated to an adult or 
 a minor or is reproduced, and who knows the content and 
 character of the pornographic work disseminated or reproduced, 
 is guilty of a felony and may be sentenced to imprisonment for 
 not more than ten years, or to payment of a fine of not more 
 than $20,000 for the first offense and $40,000 for a second or 
 subsequent offense, or both. 

    Subd. 4.    Dissemination.  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 to payment of a 
 fine of not more than $20,000 for the first offense and $40,000 
 for a second or subsequent offense, or both. 

    Subd. 5.    Consent; mistake.  Neither consent to sexual 
 performance by a minor or the minor's parent, guardian, or 
 custodian nor mistake as to the minor's age is a defense to a 
 charge of violation of this section.  

    Subd. 6.    Affirmative defense.  It shall be an 
 affirmative defense to a charge of violating this section that 
 the sexual performance or pornographic work was produced using 
 only persons who were 18 years or older. 

    HIST: 1977 c 371 s 1; 1982 c 604 s 2; 1983 c 204 s 11; 1984 c 
 628 art 3 s 7-9; 1986 c 444; 1999 c 217 s 1-5 

     617.247 Possession of pornographic work involving minors.

    Subdivision 1.    Policy; purpose.  It is the policy of 
 the legislature in enacting this section to protect minors from 
 the physical and psychological damage caused by their being used 
 in pornographic work depicting sexual conduct which involves 
 minors.  It is therefore the intent of the legislature to 
 penalize possession of pornographic work depicting sexual 
 conduct which involve minors or appears to involve minors in 
 order to protect the identity of minors who are victimized by 
 involvement in the pornographic work, and to protect minors from 
 future involvement in pornographic work depicting sexual conduct.

    Subd. 2.    Definitions.  For purposes of this section, 
 the following terms have the meanings given them:  

    (a) "Pornographic work" has the meaning given to it in 
 section 617.246.  

    (b) "Sexual conduct" has the meaning given to it in section 
 617.246.  

    Subd. 3.    Dissemination prohibited.  (a) A person who 
 disseminates pornographic work to an adult or a minor, 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 and a fine of not more than $10,000 for a first 
 offense and for not more than 15 years and a fine of not more 
 than $20,000 for a second or subsequent offense. 

    (b) A person who violates paragraph (a) is guilty of a 
 felony and may be sentenced to imprisonment for not more than 15 
 years if the violation occurs when the person is a registered 
 predatory offender under section 243.166. 

    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, 
 is guilty of a felony and may be sentenced to imprisonment for 
 not more than five years and a fine of not more than $5,000 for 
 a first offense and for not more than ten years and a fine of 
 not more than $10,000 for a second or subsequent offense. 

    (b) A person who violates paragraph (a) is guilty of a 
 felony and may be sentenced to imprisonment for not more than 
 ten years if the violation occurs when the person is a 
 registered predatory offender under section 243.166.  

    Subd. 5.    Exception.  This section does not apply to 
 the performance of official duties by peace officers, court 
 personnel, or attorneys, nor to licensed physicians, 
 psychologists, or social workers or persons acting at the 
 direction of a licensed physician, psychologist, or social 
 worker in the course of a bona fide treatment or professional 
 education program.  

    Subd. 6.    Consent.  Consent to sexual performance by a 
 minor or the minor's parent, guardian, or custodian is not a 
 defense to a charge of violation of this section.  

    Subd. 7.    Second offense.  If a person is convicted of 
 a second or subsequent violation of this section within 15 years 
 of the prior conviction, the court shall order a mental 
 examination of the person.  The examiner shall report to the 
 court whether treatment of the person is necessary.  

    Subd. 8.    Affirmative defense.  It shall be an 
 affirmative defense to a charge of violating this section that 
 the pornographic work was produced using only persons who were 
 18 years or older. 

    HIST: 1982 c 604 s 3; 1983 c 204 s 12; 1986 c 444; 1999 c 217 
 s 6-10; 2001 c 197 s 4,5; 1Sp2001 c 8 art 8 s 28 

     617.25 Indecent articles and information.  

    Every person who shall sell, lend, or give away, or in any 
 manner exhibit, or offer to sell, lend, or give away, or have in 
 possession with intent to sell, lend, give away, or advertise or 
 offer for sale, loan, or distribution, any instrument or 
 article, or any drug or medicine for causing unlawful abortion; 
 or shall write or print, or cause to be written or printed, a 
 card, circular, pamphlet, advertisement, or notice of any kind, 
 or shall give oral information, stating when, where, how, or 
 whom, or by what means such article or medicine can be obtained 
 or who manufactures it, shall be guilty of a gross misdemeanor 
 and punished by imprisonment in the county jail for not more 
 than one year or by a fine of not more than $3,000 or by both.  

    HIST: (10188) RL s 4955; 1965 c 395 s 1; 1984 c 628 art 3 s 
 11; 1986 c 444 

     617.251 Sale of articles relating to prevention of 
  conception or disease.  

    Instruments, articles, drugs or medicines for the 
 prevention of conception or disease may be sold, offered for 
 sale, distributed or dispensed only by persons or organizations 
 recognized as dealing primarily with health or welfare.  Anyone 
 convicted of violation of this section shall be guilty of a 
 gross misdemeanor and punished by imprisonment not to exceed one 
 year or by a fine of not more than $3,000 or both.  

    HIST: 1965 c 395 s 2; 1984 c 628 art 3 s 11 

     617.26 Mailing and carrying obscene matter.  

    Every person who shall deposit or cause to be deposited in 
 any post office in the state, or place in charge of any express 
 company or other common carrier or person for transportation, 
 any of the articles or things specified in section 617.241 or 
 617.25, or any circular, book, pamphlet, advertisement or notice 
 relating thereto, with the intent of having the same conveyed by 
 mail, express, or in any other manner; or who shall knowingly or 
 willfully receive the same with intent to carry or convey it, or 
 shall knowingly carry or convey the same by express, or in any 
 other manner except by United States mail, shall be guilty of a 
 misdemeanor.  The provisions of this section and section 617.25 
 shall not be construed to apply to an article or instrument used 
 by physicians lawfully practicing, or by their direction or 
 prescription, for the cure or prevention of disease.  

    HIST: (10189) RL s 4956; 1965 c 51 s 85 

     617.27 Search warrant; destruction of property. 

    A district court, upon complaint under oath that any person 
 has in possession or under control any of the obscene books, 
 papers, or other matter specified in sections 617.241 to 617.26, 
 shall issue a warrant directed to the sheriff or any constable 
 of the county, directing the sheriff or constable to search for, 
 seize, and take possession of the obscene matter.  Upon 
 conviction of the person in whose possession the obscene matter 
 was found, the judge shall cause it to be destroyed, and the 
 fact to be entered upon the records of the court. 

    HIST: (10190) RL s 4957; 1965 c 51 s 86; 1983 c 359 s 92; 1986 
 c 444; 1998 c 254 art 2 s 66 

     617.28 Certain medical advertisements.  

    Subdivision 1.    Placing advertisement; penalty.  Any 
 person who shall advertise, in the person's own name or in the 
 name of another person, firm or pretended firm, association, 
 corporation or pretended corporation, in any newspaper, 
 pamphlet, circular, or other written or printed paper, or the 
 owner, publisher, or manager of any newspaper or periodical who 
 shall permit to be inserted or published in any newspaper or 
 periodical owned or controlled by the owner, publisher, or 
 manager, the treatment or curing of venereal diseases, the 
 restoration of "lost virility" or "lost vitality," or shall 
 advertise in any manner that the person is a specialist in 
 diseases of the sexual organs, or diseases caused by sexual 
 weakness, self-abuse, or excessive sexual indulgence, or in any 
 disease of like causes, or who shall advertise in any manner any 
 medicine, drug compound, appliance or any means whatever whereby 
 it is claimed that sexual diseases of men and women may be cured 
 or relieved, or miscarriage or abortion produced, shall be 
 guilty of a gross misdemeanor and shall be punished by a fine of 
 not less than $50 nor more than $3,000 or by imprisonment in the 
 county jail for not more than six months.  

    Subd. 2.    Publication; penalty.  Any person 
 publishing, distributing, or causing to be distributed or 
 circulated, any of the advertising matter hereinabove 
 prohibited, shall be guilty of a misdemeanor and punished as 
 prescribed in subdivision 1.  

    HIST: (10191,10192) 1909 c 162 s 1,2; 1984 c 628 art 3 s 11; 
 1986 c 444 

     617.29 Evidence.  

    The production of any advertisement or advertising matter 
 published or distributed contrary to the provisions of this 
 section and section 617.28 shall be of itself prima facie 
 evidence of the guilt of the person advertising to cure any such 
 disease hereinabove mentioned, or of the publishers who publish 
 any matter such as is herein prohibited.  

    HIST: (10193) 1909 c 162 s 3 

     617.291 Sexually explicit material and exhibitions; 
  purpose and policy of the legislature. 

    Subdivision 1.    Finding.  The legislature finds that sexually 
 explicit materials and exhibitions presented before an audience 
 are harmful to minors. 

    Subd. 2.    Best interest.  It is in the best interest of the 
 health, 
 welfare, and safety of the citizens of this state, and 
 especially of minors within the state, that commercial 
 dissemination, and dissemination without monetary consideration 
 in a place of public accommodation, of sexually explicit 
 written, photographic, printed, sound or published materials, 
 and of plays, dances, or other exhibitions presented before an 
 audience, that are deemed harmful to minors, be restricted to 
 persons over the age of 17 years; or, if available to minors 
 under the age of 18 years, that the availability of the 
 materials be restricted to sources within established and 
 recognized schools, churches, museums, medical clinics and 
 physicians, hospitals, public libraries, or government sponsored 
 organizations. 

    HIST: 1969 c 1071 s 1; 1987 c 215 s 1 

     617.292 Definitions.  

    Subdivision 1.    Scope.  As used in sections 617.291 to 617.297 
 the 
 terms defined in this section have the meanings given them.  

    Subd. 2.    Minor.  "Minor" means any person under the age of 18 
 years.  

    Subd. 3.    Nudity.  "Nudity" means the showing of the human 
 male or 
 female genitals, pubic area or buttocks with less than a fully 
 opaque covering, or the showing of the female breast with less 
 than a fully opaque covering of any portion thereof below the 
 top of the nipple, or the depiction of covered male genitals in 
 a discernibly turgid state.  

    Subd. 4.    Sexual conduct.  "Sexual conduct" means acts of 
 masturbation, 
 homosexuality, sexual intercourse, or physical contact with a 
 person's unclothed genitals, pubic area, buttocks or, if such a 
 person be a female, her breast.  

    Subd. 5.    Sexual excitement.  "Sexual excitement" means the 
 condition of human 
 male or female genitals when in a state of sexual stimulation or 
 arousal.  

    Subd. 6.    Sadomasochistic abuse.  "Sadomasochistic abuse" 
 means flagellation or 
 torture by or upon a person clad in undergarments, a mask or 
 bizarre costume, or the condition of being fettered, bound or 
 otherwise physically restrained on the part of one so clothed.  

    Subd. 7.    Harmful to minors.  "Harmful to minors" means that 
 quality of any 
 description or representation, in whatever form, of nudity, 
 sexual conduct, sexual excitement, or sadomasochistic abuse, 
 when it: 

    (1) predominantly appeals to the prurient, shameful or 
 morbid interest of minors, and 

    (2) is patently offensive to prevailing standards in the 
 adult community as a whole with respect to what is suitable 
 material for minors, and 

    (3) is utterly without redeeming social importance for 
 minors.  

    Subd. 8.    Knowingly.  "Knowingly" means having general 
 knowledge of, or 
 reason to know, or a belief or ground for belief which warrants 
 further inspection or inquiry or both; 

    (1) the character and content of any material which is 
 reasonably susceptible of examination by the defendant, and 

    (2) the age of the minor, provided however that an honest 
 mistake shall constitute an excuse from liability hereunder if 
 the defendant made a reasonable bona fide attempt to ascertain 
 the true age of such minor.  

    HIST: 1969 c 1071 s 2 

     617.293 Harmful materials; dissemination and display to 
  minors prohibited. 

    Subdivision 1.    Dissemination.  It is unlawful for any 
 person knowingly to sell or loan for monetary consideration to a 
 minor: 

    (a) any picture, photograph, drawing, sculpture, motion 
 picture film, or similar visual representation or image of a 
 person or portion of the human body which depicts nudity, sexual 
 conduct, or sadomasochistic abuse and which is harmful to 
 minors, or 

    (b) any book, pamphlet, magazine, printed matter however 
 reproduced, or sound recording which contains any matter 
 enumerated in clause (a), or which contains explicit and 
 detailed verbal descriptions or narrative accounts of sexual 
 excitement, sexual conduct, or sadomasochistic abuse which, 
 taken as a whole, is harmful to minors.  

    Subd. 2.    Display.  (a) It is unlawful for any person 
 commercially and knowingly to exhibit or display any material 
 which is harmful to minors in its content in any place of public 
 accommodation where minors are or may be present and where 
 minors are able to view the material unless each item is kept in 
 a sealed wrapper at all times. 

    (b) It is unlawful for any person commercially and 
 knowingly to exhibit or display any material the cover or 
 packaging of which, standing alone, is harmful to minors in any 
 place of public accommodation where minors are or may be present 
 or allowed to be present and where minors are able to view the 
 material unless each item is blocked from view by an opaque 
 cover.  The opaque cover requirement is satisfied if those 
 portions of the cover or packaging containing the material 
 harmful to minors are blocked from view by an opaque cover. 

    (c) The provisions of this subdivision do not apply to the 
 exhibition or display of materials harmful to minors under 
 circumstances where minors are not present or are not able to 
 view the material or the material's cover or packaging.  A 
 person may comply with the requirements of this paragraph by (1) 
 physically segregating the material in a manner that physically 
 prohibits access to and view of the material by minors, (2) 
 prominently posting at the entrance to the restricted area:  
 "Adults only--you must be 18 to enter," and (3) enforcing the 
 restriction. 

    HIST: 1969 c 1071 s 3; 1971 c 25 s 95; 1988 c 452 s 1 

     617.294 Exhibition prohibited. 

    It is unlawful for any person knowingly to exhibit for a 
 monetary consideration to a minor or knowingly to sell to a 
 minor an admission ticket or pass or knowingly to admit a minor, 
 whether or not for a monetary consideration, to a place of 
 public accommodation where there is exhibited a motion picture, 
 show or other presentation or a play, dance, or other exhibition 
 presented before an audience which, in whole or in part, depicts 
 nudity, sexual conduct, or, sadomasochistic abuse and which is 
 harmful to minors. 

    HIST: 1969 c 1071 s 4; 1987 c 215 s 2 

     617.295 Exemptions.  

    The following are exempt from criminal or other action 
 hereunder: 

    (a) Recognized and established schools, churches, museums, 
 medical clinics and physicians, hospitals, public libraries, 
 governmental agencies or quasi governmental sponsored 
 organizations, and persons acting in their capacity as employees 
 or agents of such organization.  For the purpose of this section 
 "recognized and established" shall mean an organization or 
 agency having a full time faculty and diversified curriculum in 
 the case of a school; a church affiliated with a national or 
 regional denomination; a licensed physician or psychiatrist or 
 clinic of licensed physicians or psychiatrists; and in all other 
 exempt organizations shall refer only to income tax exempted 
 organizations which are supported in whole or in part by tax 
 funds or which receive at least one-third of their support from 
 publicly donated funds.  

    (b) Individuals in a parental relationship with the minor.  

    (c) Motion picture machine operators, stagehands, or other 
 theatre employees such as cashiers, doorkeepers, ushers, and 
 concession employees, if such person or persons have no 
 financial interest in the entertainment presented other than the 
 salary or wage, or in any theatre or place where such employee 
 has no financial interest when the employee's services are 
 obtained solely for salary or wage; provided, that such employee 
 is under the direct supervision of a theatre manager who is a 
 resident of this state and who is not exempt from action under 
 sections 617.291 to 617.297.  

    HIST: 1969 c 1071 s 5; 1986 c 444 

     617.296 Penalties; injunctive remedies. 

    Subdivision 1.    Gross misdemeanor.  Except as otherwise 
 provided in subdivision 
 1a, a violation of any provision of sections 617.291 to 617.297 
 is a gross misdemeanor.  

    Subd. 1a.    Penalty for display of harmful materials.  
 A violation of section 617.293, subdivision 2, is a misdemeanor. 

    Subd. 2.    Temporary restraining order or temporary injunction. 
  Whenever any county attorney, or the attorney 
 general of this state, has reasonable cause to believe that any 
 person within this state is violating sections 617.291 to 
 617.297, the prosecuting attorney may by verified petition seek 
 a temporary restraining order or temporary injunction in the 
 district court in the county in which the alleged violation 
 occurred.  No temporary restraining order or preliminary 
 injunction shall be issued without a prior show cause notice of 
 hearing to the respondents named in the petition, and an 
 opportunity for the respondents to be heard.  Personal service 
 of the show cause order and of the petition made as in civil 
 actions on the named respondents, or upon any of their employees 
 or agents found within the state, shall constitute sufficient 
 notice.  Such show cause order for hearing may be returnable on 
 the third day from the date of service as to a respondent who is 
 present in this state, and on the fifth day as to a person not a 
 resident or not found within this state.  

    HIST: 1969 c 1071 s 6; 1986 c 444; 1988 c 452 s 2,3 

     617.297 Evidence of adherence to motion picture rating 
  system.  

    In any proceeding or prosecution involving the exhibitor or 
 owner of any motion picture theatre, evidence of compliance or 
 noncompliance with and adherence to a rating system recognized 
 in the motion picture industry is admissible.  

    HIST: 1969 c 1071 s 7 

     617.298 Obscene motion pictures at drive-in theaters; 
  definitions. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section and section 617.299, the terms defined in this section 
 have the meanings given them.  

    Subd. 2.    Obscene.  "Obscene"  has the meaning given 
 to it in section 617.241.  

    Subd. 3.    Nudity.  "Nudity" means the showing of the 
 human male or female genitals, pubic areas, or buttocks with 
 less than a fully opaque covering, or the showing of an 
 uncovered, or less than opaquely covered, female breast below a 
 point immediately above the top of the nipple, or the breast 
 with the nipple and immediately adjacent area only covered.  

    Subd. 4. Repealed, 1983 c 204 s 14 

    HIST: 1979 c 290 s 1; 1983 c 204 s 13 

     617.299 Obscene motion pictures; prohibiting exhibition 
  at drive-in theaters. 

    Subdivision 1.    Misdemeanor.  Subject to the exemptions of 
 section 
 617.295, a person who exhibits an obscene motion picture at a 
 drive-in theatre is guilty of a misdemeanor.  

    Subd. 2.    Penalty enhancement.  Whoever violates the 
 provisions of subdivision 1 
 within two years of a previous conviction shall be sentenced to 
 imprisonment for not less than 20 days nor more than one year 
 and to payment of a fine of not more than $3,000. 

    HIST: 1979 c 290 s 2; 1984 c 628 art 3 s 11 

  617.30 Repealed, 1967 c 507 s 12 

  617.31 Repealed, 1963 c 753 art 2 s 17 

  617.32 Repealed, 1967 c 507 s 12 

  617.325 Repealed, 1967 c 507 s 12 

  617.33 Repealed, 1987 c 283 s 9 

  617.34 Repealed, 1987 c 283 s 9 

  617.35 Repealed, 1987 c 283 s 9 

  617.36 Repealed, 1987 c 283 s 9 

  617.37 Repealed, 1987 c 283 s 9 

  617.38 Repealed, 1987 c 283 s 9 

  617.39 Repealed, 1987 c 283 s 9 

  617.40 Repealed, 1987 c 283 s 9 

  617.41 Repealed, 1987 c 283 s 9 

  617.42 Renumbered 624.42 

  617.43 Renumbered 624.43 

  617.44 Renumbered 624.44 

  617.45 Renumbered 624.45 

  617.46 Renumbered 624.46 

  617.47 Renumbered 624.47 

  617.48 Renumbered 624.48 

  617.49 Renumbered 624.49 

  617.50 Renumbered 624.50 

  617.51 Renumbered 624.51 

  617.52 Renumbered 624.52 

  617.53 Renumbered 624.53 

  617.54 Renumbered 624.54 

  617.55 Repealed, 1963 c 753 art 2 s 17 

  617.56 Repealed, 1963 c 753 art 2 s 17 

  617.57 Repealed, 1963 c 753 art 2 s 17 

  617.58 Repealed, 1963 c 753 art 2 s 17 

  617.59 Repealed, 1963 c 753 art 2 s 17 

  617.60 Repealed, 1963 c 753 art 2 s 17 

  617.61 Repealed, 1963 c 753 art 2 s 17 

  617.62 Repealed, 1963 c 753 art 2 s 17 

  617.63 Repealed, 1963 c 753 art 2 s 17 

  617.64 Repealed, 1963 c 753 art 2 s 17 

  617.65 Repealed, 1963 c 753 art 2 s 17 

  617.66 Repealed, 1963 c 753 art 2 s 17 

  617.67 Repealed, 1963 c 753 art 2 s 17 

  617.68 Repealed, 1963 c 753 art 2 s 17 

  617.69 Renumbered 624.701 

  617.70 Renumbered 624.702 

  617.71 Renumbered 624.703 

  617.715 Renumbered 126.19 

  617.72 Repealed, 1963 c 753 art 2 s 17 

  617.73 Repealed, 1963 c 753 art 2 s 17 

  617.74 Repealed, 1963 c 753 art 2 s 17 

  617.75 Repealed, 1963 c 753 art 2 s 17 

PUBLIC NUISANCES

     617.80 Definitions. 

    Subdivision 1.    Generally.  The definitions in this 
 section apply to sections 617.80 to 617.87. 

    Subd. 2.    Building.  "Building" means a structure 
 suitable for human shelter, a commercial structure that is 
 maintained for business activities that involve human 
 occupation, any portion of the structure, or the land 
 surrounding the structure.  If the building is a multiunit 
 dwelling, a hotel or motel, or a commercial or office building, 
 the term "building," for purposes of sections 617.80 to 617.87, 
 means only the portion of the building within or outside the 
 structure in which a nuisance is maintained or permitted, such 
 as a dwelling unit, room, suite of rooms, office, common area, 
 storage area, garage, or parking area. 

    Subd. 3.    Movable property.  "Movable property" means 
 furniture and fixtures. 

    Subd. 4.    Prostitution.  "Prostitution" or 
 "prostitution-related activity" means conduct that would violate 
 sections 609.321 to 609.324. 

    Subd. 5.    Gambling.  "Gambling" or "gambling-related 
 activity" means conduct that would violate sections 609.75 to 
 609.762. 

    Subd. 6. Repealed, 1997 c 100 s 5 

    Subd. 7.    Owner.  "Owner" for purposes of sections 
 617.80 to 617.87 means the person in whose name the building or 
 affected portion is recorded with the county auditor for 
 taxation purposes. 

    Subd. 8.    Interested party.  "Interested party," for 
 purposes of sections 617.80 to 617.87, means any known lessee or 
 tenant of a building or affected portion of a building; any 
 known agent of an owner, lessee, or tenant; or any other person 
 who maintains or permits a nuisance and is known to the city 
 attorney, county attorney, or attorney general. 

    Subd. 9.    Prosecuting attorney.  "Prosecuting attorney"
 means the attorney general, county attorney, city attorney, or 
 attorney serving the jurisdiction where the nuisance is located. 

    HIST: 1987 c 283 s 1; 1991 c 193 s 5; 1995 c 244 s 26-30 

     617.81 Nuisance; acts constituting; injunction; notice. 

    Subdivision 1.    Injunction.  In order to obtain a 
 temporary injunction under section 617.82 or a permanent 
 injunction or order of abatement under section 617.83, the 
 provisions of sections 617.80 to 617.87 must be followed. 

    Subd. 2.    Acts constituting a nuisance.  (a) For 
 purposes of sections 617.80 to 617.87, a public nuisance exists 
 upon proof of two or more separate behavioral incidents of one 
 or more of the following, committed within the previous 12 
 months within the building:  

    (1) prostitution or prostitution-related activity committed 
 within the building; 

    (2) gambling or gambling-related activity committed within 
 the building; 

    (3) maintaining a public nuisance in violation of section 
 609.74, clause (1) or (3); 

    (4) permitting a public nuisance in violation of section 
 609.745; 

    (5) unlawful sale, possession, storage, delivery, giving, 
 manufacture, cultivation, or use of controlled substances 
 committed within the building; 

    (6) unlicensed sales of alcoholic beverages committed 
 within the building in violation of section 340A.401; 

    (7) unlawful sales or gifts of alcoholic beverages by an 
 unlicensed person committed within the building in violation of 
 section 340A.503, subdivision 2, clause (1); 

    (8) unlawful use or possession of a firearm in violation of 
 section 609.66, subdivision 1a, 609.67, or 624.713, committed 
 within the building; or 

    (9) violation by a commercial enterprise of local or state 
 business licensing regulations, ordinances, or statutes 
 prohibiting the maintenance of a public nuisance as defined in 
 section 609.74 or the control of a public nuisance as defined in 
 section 609.745. 

    (b) If the building contains more than one rental unit, two 
 or more behavioral incidents must consist of conduct: 

    (1) anywhere in the building by the same tenant or lessee, 
 or persons acting in conjunction with or under the control of 
 the same tenant or lessee; 

    (2) by any persons within the same rental unit while 
 occupied by the same tenant or lessee or within two or more 
 rental units while occupied by the same tenant or lessee; or 

    (3) by the owner of the building or persons acting in 
 conjunction with or under the control of the owner. 

    (c) Proof of a nuisance exists if each of the elements of 
 the conduct constituting the nuisance is established by clear 
 and convincing evidence. 

    Subd. 2a. Repealed, 1995 c 244 s 42 

    Subd. 3. Repealed, 1995 c 244 s 42 

    Subd. 4.    Notice.  (a) If a prosecuting attorney has 
 reason to believe that a nuisance is maintained or permitted in 
 the jurisdiction the prosecuting attorney serves, and intends to 
 seek abatement of the nuisance, the prosecuting attorney shall 
 provide the written notice described in paragraph (b), by 
 personal service or certified mail, return receipt requested, to 
 the owner and all interested parties known to the prosecuting 
 attorney. 

    (b) The written notice must: 

    (1) state that a nuisance as defined in subdivision 2 is 
 maintained or permitted in the building and must specify the 
 kind or kinds of nuisance being maintained or permitted; 

    (2) summarize the evidence that a nuisance is maintained or 
 permitted in the building, including the date or dates on which 
 nuisance-related activity or activities are alleged to have 
 occurred; 

    (3) inform the recipient that failure to abate the conduct 
 constituting the nuisance or to otherwise resolve the matter 
 with the prosecuting attorney within 30 days of service of the 
 notice may result in the filing of a complaint for relief in 
 district court that could, among other remedies, result in 
 enjoining the use of the building for any purpose for one year 
 or, in the case of a tenant, could result in cancellation of the 
 lease; and 

    (4) inform the owner of the options available under section 
 617.85. 

    HIST: 1987 c 283 s 2; 1989 c 112 s 1; 1991 c 193 s 6-8; 1995 c 
 244 s 31,32; 1996 c 322 s 1; 1997 c 100 s 1; 1997 c 122 s 1; 
 2005 c 136 art 7 s 17 

     617.82 Agreed abatement plans; temporary order. 

    (a) If the recipient of a notice under section 617.81, 
 subdivision 4, either abates the conduct constituting the 
 nuisance or enters into an agreed abatement plan within 30 days 
 of service of the notice and complies with the agreement within 
 the stipulated time period, the prosecuting attorney may not 
 file a nuisance action on the specified property regarding the 
 nuisance activity described in the notice. 

    (b) If the recipient fails to comply with the agreed 
 abatement plan, the prosecuting attorney may initiate a 
 complaint for relief in the district court consistent with 
 paragraph (c). 

    (c) Whenever a prosecuting attorney has cause to believe 
 that a nuisance described in section 617.81, subdivision 2, 
 exists within the jurisdiction the attorney serves, the 
 prosecuting attorney may by verified petition seek a temporary 
 injunction in district court in the county in which the alleged 
 public nuisance exists, provided that at least 30 days have 
 expired since service of the notice required under section 
 617.81, subdivision 4.  No temporary injunction may be issued 
 without a prior show cause notice of hearing to the respondents 
 named in the petition and an opportunity for the respondents to 
 be heard.  Upon proof of a nuisance described in section 617.81, 
 subdivision 2, the court shall issue a temporary injunction.  
 Any temporary injunction issued must describe the conduct to be 
 enjoined. 

    HIST: 1987 c 283 s 3; 1995 c 244 s 33; 1997 c 100 s 2; 1997 c 
 239 art 12 s 9 

     617.83 Injunction; order of abatement. 

    Upon proof of a nuisance described in section 617.81, 
 subdivision 2, the court shall issue a permanent injunction and 
 enter an order of abatement, except as otherwise provided by 
 section 617.85.  The permanent injunction must describe the 
 conduct permanently enjoined.  The order of abatement must 
 direct the closing of the building or a portion of it for one 
 year, except as otherwise provided in section 617.84 or 617.85, 
 unless sooner released pursuant to section 617.87.  Before an 
 abatement order is enforced against a building or portion of it, 
 the owner must be served with the abatement order and a notice 
 of the right to file a motion under section 617.85 in the same 
 manner that a summons is served under the Rules of Civil 
 Procedure.  A copy of the abatement order shall also be posted 
 in a conspicuous place on the building or affected portion.  

    HIST: 1987 c 283 s 4; 1997 c 100 s 3 

     617.84 Movable property. 

    The order of abatement may direct the removal of movable 
 property used in conducting or maintaining the nuisance and 
 direct the sale of property belonging to a respondent who was 
 notified or appeared.  The sale shall be conducted pursuant to 
 the provisions of chapter 550 on the sale of property on 
 execution.  A person appointed by the court as receiver of the 
 building may use a building or portion of it which is the 
 subject of an abatement order in a manner approved by the 
 court.  Costs of the sale on execution, moving and storage fees, 
 and any receivership must be paid out of the receipts from the 
 sale of the movable property or any rents collected during the 
 receivership.  The balance from the sale of movable property 
 must be paid to the owner of the property.  The balance from any 
 rents collected during any receivership shall be paid to the 
 treasury of the unit of government which brought the abatement 
 action. 

    HIST: 1987 c 283 s 5 

     617.85 Nuisance; motion to cancel lease. 

    Where notice is provided under section 617.81, subdivision 
 4, that an abatement of a nuisance is sought and the 
 circumstances that are the basis for the requested abatement 
 involved the acts of a commercial or residential tenant or 
 lessee of part or all of a building, the owner of the building 
 that is subject to the abatement proceeding may file before the 
 court that has jurisdiction over the abatement proceeding a 
 motion to cancel the lease or otherwise secure restitution of 
 the premises from the tenant or lessee who has maintained or 
 conducted the nuisance.  The owner may assign to the prosecuting 
 attorney the right to file this motion.  In addition to the 
 grounds provided in chapter 566, the maintaining or conducting 
 of a nuisance as defined in section 617.81, subdivision 2, by a 
 tenant or lessee, is an additional ground authorized by law for 
 seeking the cancellation of a lease or the restitution of the 
 premises.  Service of motion brought under this section must be 
 served in a manner that is sufficient under the Rules of Civil 
 Procedure and chapter 566. 

    It is no defense to a motion under this section by the 
 owner or the prosecuting attorney that the lease or other 
 agreement controlling the tenancy or leasehold does not provide 
 for eviction or cancellation of the lease upon the ground 
 provided in this section. 

    Upon a finding by the court that the tenant or lessee has 
 maintained or conducted a nuisance in any portion of the 
 building, the court shall order cancellation of the lease or 
 tenancy and grant restitution of the premises to the owner.  The 
 court must not order abatement of the premises if the court:  

    (a) cancels a lease or tenancy and grants restitution of 
 that portion of the premises to the owner; and 

    (b) further finds that the act or acts constituting the 
 nuisance as defined in section 617.81, subdivision 2, were 
 committed by the tenant or lessee whose lease or tenancy has 
 been canceled pursuant to this section and the tenant or lessee 
 was not committing the act or acts in conjunction with or under 
 the control of the owner. 

    HIST: 1987 c 283 s 6; 1995 c 244 s 34; 1997 c 100 s 4; 1997 c 
 239 art 12 s 10; 2005 c 136 art 7 s 18 

     617.86 Contempt. 

    Whoever violates a temporary injunction, permanent 
 injunction, or abatement order granted under sections 617.80 to 
 617.87 may be adjudged in contempt of court. 

    HIST: 1987 c 283 s 7 

     617.87 Release of property. 

    If, after an order of abatement has been entered, the owner 
 appears and pays the costs of the action and files a bond in an 
 amount determined by the court, but not to exceed $50,000, 
 conditioned that the owner will immediately abate the nuisance 
 for a period of one year, the court may, if satisfied of the 
 owner's good faith, order the release of the building or portion 
 of it which is subject to the order of abatement.  If the 
 premises are released, for each day during the term of the bond 
 that the owner knowingly permits any part of the premises to be 
 used for any activity which was the basis of the abatement 
 order, the owner shall forfeit $1,000 under the bond.  
 Forfeiture under the bond does not relieve the owner from 
 prosecution for contempt.  Release of the property pursuant to 
 this section does not release it from an injunction issued under 
 section 617.83 or any other judgment, penalty, lien, or 
 liability to which it may be subject by law. 

    HIST: 1987 c 283 s 8 

  617.88 Repealed, 1996 c 453 s 3 

  617.89 Repealed, 1996 c 453 s 3 

     617.90 Graffiti damage action. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "graffiti" means unauthorized markings of paint, dye, 
 or other similar substance that have been placed on real or 
 personal property such as buildings, fences, transportation 
 equipment, or other structures, or the unauthorized etching or 
 scratching of the surfaces of such real or personal property, 
 any of which markings, scratchings, or etchings are visible from 
 premises open to the public. 

    Subd. 2.    Cause of action.  An action for damage to 
 property caused by graffiti may be brought by the owner of 
 public or private property on which graffiti has been placed. 
 Damages may be recovered for three times the cost of restoring 
 the property, or the court may order a defendant to perform the 
 work of restoring the property.  Damages may be recovered from 
 an individual who placed graffiti on public or private real or 
 personal property or from the parent of a minor individual.  The 
 liability of the parent is limited to the amount specified in 
 section 540.18.  The court may award attorney fees and costs to 
 a prevailing plaintiff. 

    HIST: 2004 c 149 s 1