1.1 A bill for an act
1.2 relating to public safety; clarifying that the protections related to interviews of
1.3 child abuse victims apply to all recordings; proposing changes to terms used in
1.4 statutes that punish creation, distribution, and possession of sexually explicit
1.5 materials involving children; making conforming changes; amending Minnesota
1.6 Statutes 2024, sections 13.03, subdivision 6; 13.821; 144.296; 246B.04, subdivision
1.7 2; 609.527, subdivision 3; 611A.90; 617.246; 617.247; 634.35.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:
1.10 Subd. 6.Discoverability of not public data.If a government entity opposes discovery
1.11of government data or release of data pursuant to court order on the grounds that the data
1.12are classified as not public, the party that seeks access to the data may bring before the
1.13appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
1.14compel discovery or an action in the nature of an action to compel discovery.
1.15 The presiding officer shall first decide whether the data are discoverable or releasable
1.16pursuant to the rules of evidence and of criminal, civil, or administrative procedure
1.17appropriate to the action.
1.18 If the data are discoverable the presiding officer shall decide whether the benefit to the
1.19party seeking access to the data outweighs any harm to the confidentiality interests of the
1.20entity maintaining the data, or of any person who has provided the data or who is the subject
1.21of the data, or to the privacy interest of an individual identified in the data. In making the
1.22decision, the presiding officer shall consider whether notice to the subject of the data is
1.23warranted and, if warranted, what type of notice must be given. The presiding officer may
1.24fashion and issue any protective orders necessary to assure proper handling of the data by
1Section 1.
REVISOR KLL/RC 25-0465603/05/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2594
NINETY-FOURTH SESSION
Authored by Pinto03/20/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1the parties. If the data are a videotape recording of a child victim or alleged victim alleging,
2.2explaining, denying, or describing an act of physical or sexual abuse, the presiding officer
2.3shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data
2.4are data subject to the protections under chapter 5B or section 13.045, the presiding officer
2.5shall consider the provisions of section 5B.11.
2.6 Sec. 2. Minnesota Statutes 2024, section 13.821, is amended to read:
2.7 13.821 VIDEOTAPES RECORDINGS OF CHILD ABUSE VICTIMS.
2.8 (a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
2.9obtain a copy of a videotape recording in which a child victim or alleged victim is alleging,
2.10explaining, denying, or describing an act of physical or sexual abuse without a court order
2.11under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual
2.12abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a
2.13person responsible for the child's care or in a significant relationship with the child or
2.14position of authority.
2.15 (b) This section does not limit other rights of access to data by an individual under section
2.1613.04, subdivision 3, other than the right to obtain a copy of the videotape recording, nor
2.17prohibit rights of access pursuant to discovery in a court proceeding.
2.18 Sec. 3. Minnesota Statutes 2024, section 144.296, is amended to read:
2.19 144.296 COPIES OF VIDEOTAPES RECORDINGS.
2.20 A provider may not release a copy of a videotape recording of a child victim or alleged
2.21victim of physical or sexual abuse without a court order under section 13.03, subdivision
2.226, or as provided in section 611A.90. This section does not limit the right of a patient to
2.23view or listen to the videotape recording.
2.24 Sec. 4. Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:
2.25 Subd. 2.Ban on obscene material or pornographic work.The executive board shall
2.26prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous
2.27persons under chapter 253D from having or receiving material that is obscene as defined
2.28under section 617.241, subdivision 1, material that depicts sexual conduct as defined under
2.29section 617.241, subdivision 1, or pornographic work child sexual abuse material as defined
2.30under section 617.246, subdivision 1, while receiving services in any secure treatment
2.31facilities operated by the Minnesota Sex Offender Program or any other facilities operated
2.32by the executive board.
2Sec. 4.
REVISOR KLL/RC 25-0465603/05/25 3.1 Sec. 5. Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
3.2 Subd. 3.Penalties.A person who violates subdivision 2 may be sentenced as follows:
3.3 (1) if the offense involves a single direct victim and the total, combined loss to the direct
3.4victim and any indirect victims is $250 or less, the person may be sentenced as provided in
3.5section 609.52, subdivision 3, clause (5);
3.6 (2) if the offense involves a single direct victim and the total, combined loss to the direct
3.7victim and any indirect victims is more than $250 but not more than $500, the person may
3.8be sentenced as provided in section 609.52, subdivision 3, clause (4);
3.9 (3) if the offense involves two or three direct victims or the total, combined loss to the
3.10direct and indirect victims is more than $500 but not more than $2,500, the person may be
3.11sentenced as provided in section 609.52, subdivision 3, clause (3);
3.12 (4) if the offense involves more than three but not more than seven direct victims, or if
3.13the total combined loss to the direct and indirect victims is more than $2,500, the person
3.14may be sentenced as provided in section 609.52, subdivision 3, clause (2);
3.15 (5) if the offense involves eight or more direct victims, or if the total, combined loss to
3.16the direct and indirect victims is more than $35,000, the person may be sentenced as provided
3.17in section 609.52, subdivision 3, clause (1); and
3.18 (6) if the offense is related to possession or distribution of pornographic work child
3.19sexual abuse material in violation of section 617.246 or 617.247, the person may be sentenced
3.20as provided in section 609.52, subdivision 3, clause (1).
3.21 Sec. 6. Minnesota Statutes 2024, section 611A.90, is amended to read:
3.22 611A.90 RELEASE OF VIDEOTAPES RECORDINGS OF CHILD ABUSE
3.23VICTIMS.
3.24 Subdivision 1.Definition.For purposes of this section, "physical abuse" and "sexual
3.25abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts
3.26by a person responsible for the child's care or in a significant relationship with the child or
3.27position of authority.
3.28 Subd. 2.Court order required.(a) A custodian of a videotape recording of a child
3.29victim or alleged victim alleging, explaining, denying, or describing an act of physical or
3.30sexual abuse as part of an investigation or evaluation of the abuse may not release a copy
3.31of the videotape recording without a court order, notwithstanding that the subject has
3Sec. 6.
REVISOR KLL/RC 25-0465603/05/25 4.1consented to the release of the videotape recording or that the release is authorized under
4.2law.
4.3 (b) The court order may govern the purposes for which the videotape recording may be
4.4used, reproduction, release to other persons, retention and return of copies, and other
4.5requirements reasonably necessary for protection of the privacy and best interests of the
4.6child.
4.7 Subd. 3.Petition.An individual subject of data, as defined in section 13.02, or a patient,
4.8as defined in sections 144.291 to 144.298, who is seeking a copy of a videotape recording
4.9governed by this section may petition the district court in the county where the alleged abuse
4.10took place or where the custodian of the videotape recording resides for an order releasing
4.11a copy of the videotape recording under subdivision 2. Nothing in this section establishes
4.12a right to obtain access to a videotape recording by any other person nor limits a right of a
4.13person to obtain access if access is otherwise authorized by law or pursuant to discovery in
4.14a court proceeding.
4.15 Sec. 7. Minnesota Statutes 2024, section 617.246, is amended to read:
4.16 617.246 USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
4.17 Subdivision 1.Definitions.(a) For the purpose of this section, the terms defined in this
4.18subdivision have the meanings given them.
4.19 (b) "Minor" means any person under the age of 18.
4.20 (c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
4.21 (d) "Sexual performance" means any play, dance or other exhibition presented before
4.22an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
4.23actual or simulated sexual conduct as defined by clause paragraph (e).
4.24 (e) "Sexual conduct" means any of the following:
4.25 (1) an act of sexual intercourse, normal or perverted, including genital-genital,
4.26anal-genital, or oral-genital intercourse, whether between human beings or between a human
4.27being and an animal;
4.28 (2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
4.29inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
4.30or the condition of being fettered, bound or otherwise physically restrained on the part of
4.31one so clothed;
4.32 (3) masturbation;
4Sec. 7.
REVISOR KLL/RC 25-0465603/05/25 5.1 (4) lewd exhibitions of the genitals; or
5.2 (5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
5.3male or female, or the breasts of the female, whether alone or between members of the same
5.4or opposite sex or between humans and animals in an act of apparent sexual stimulation or
5.5gratification.
5.6 (f) "Pornographic work" "Child sexual abuse material" means:
5.7 (1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
5.8videodisc, or drawing of a sexual performance involving a minor; or
5.9 (2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
5.10slide, or computer-generated image or picture, whether made or produced by electronic,
5.11mechanical, or other means that:
5.12 (i) uses a minor to depict actual or simulated sexual conduct;
5.13 (ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
5.14in sexual conduct; or
5.15 (iii) is advertised, promoted, presented, described, or distributed in such a manner that
5.16conveys the impression that the material is or contains a visual depiction of a minor engaging
5.17in sexual conduct.
5.18 For the purposes of this paragraph, an identifiable minor is a person who was a minor
5.19at the time the depiction was created or altered, whose image is used to create the visual
5.20depiction.
5.21 (g) "Material" has the meaning given in section 617.241, subdivision 1, paragraph (e).
5.22 Subd. 2.Use of minor.(a) It is unlawful for a person to promote, employ, use or permit
5.23a minor to engage in or assist others to engage minors in posing or modeling alone or with
5.24others in any sexual performance or pornographic work child sexual abuse material if the
5.25person knows or has reason to know that the conduct intended is a sexual performance or
5.26a pornographic work child sexual abuse material.
5.27 Any person who violates this paragraph is guilty of a felony and may be sentenced to
5.28imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
5.29or both.
5.30 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
5.31imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
5.32or both, if:
5Sec. 7.
REVISOR KLL/RC 25-0465603/05/25 6.1 (1) the person has a prior conviction or delinquency adjudication for violating this section
6.2or section 617.247;
6.3 (2) the violation occurs when the person is a registered predatory offender under section
6.4243.166; or
6.5 (3) the violation involved a minor under the age of 14 years.
6.6 Subd. 3.Operation or ownership of business.(a) A person who owns or operates a
6.7business in which a pornographic work child sexual abuse material, as defined in this section,
6.8is disseminated to an adult or a minor or is reproduced, and who knows the content and
6.9character of the pornographic work child sexual abuse material disseminated or reproduced,
6.10is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or
6.11to payment of a fine of not more than $20,000, or both.
6.12 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
6.13imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
6.14or both, if:
6.15 (1) the person has a prior conviction or delinquency adjudication for violating this section
6.16or section 617.247;
6.17 (2) the violation occurs when the person is a registered predatory offender under section
6.18243.166; or
6.19 (3) the violation involved a minor under the age of 14 years.
6.20 Subd. 4.Dissemination.(a) A person who, knowing or with reason to know its content
6.21and character, disseminates for profit to an adult or a minor a pornographic work child
6.22sexual abuse material, as defined in this section, is guilty of a felony and may be sentenced
6.23to imprisonment for not more than ten years, or to payment of a fine of not more than
6.24$20,000, or both.
6.25 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
6.26imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
6.27or both, if:
6.28 (1) the person has a prior conviction or delinquency adjudication for violating this section
6.29or section 617.247;
6.30 (2) the violation occurs when the person is a registered predatory offender under section
6.31243.166; or
6.32 (3) the violation involved a minor under the age of 14 years.
6Sec. 7.
REVISOR KLL/RC 25-0465603/05/25 7.1 Subd. 5.Consent; mistake.Neither consent to sexual performance by a minor or the
7.2minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a
7.3charge of violation of this section.
7.4 Subd. 6.Affirmative defense.It shall be an affirmative defense to a charge of violating
7.5this section that the sexual performance or pornographic work child sexual abuse material
7.6was produced using only persons who were 18 years or older.
7.7 Subd. 7.Conditional release term.Notwithstanding the statutory maximum sentence
7.8otherwise applicable to the offense or any provision of the sentencing guidelines, when a
7.9court commits a person to the custody of the commissioner of corrections for violating this
7.10section, the court shall provide that after the person has been released from prison, the
7.11commissioner shall place the person on conditional release for five years. If the person has
7.12previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
7.13609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
7.14state, or any state, the commissioner shall place the person on conditional release for 15
7.15years. The terms of conditional release are governed by section 609.3455, subdivision 8.
7.16 Sec. 8. Minnesota Statutes 2024, section 617.247, is amended to read:
7.17 617.247 POSSESSION OF PORNOGRAPHIC WORK INVOLVING MINORS
7.18CHILD SEXUAL ABUSE IMAGES.
7.19 Subdivision 1.Policy; purpose.It is the policy of the legislature in enacting this section
7.20to protect minors from the physical and psychological damage caused by their being used
7.21in pornographic work child sexual abuse material depicting sexual conduct which involves
7.22minors. It is therefore the intent of the legislature to penalize possession of pornographic
7.23work child sexual abuse material depicting sexual conduct which involve minors or appears
7.24to involve minors in order to protect the identity of minors who are victimized by involvement
7.25in the pornographic work child sexual abuse material, and to protect minors from future
7.26involvement in pornographic work child sexual abuse material depicting sexual conduct.
7.27 Subd. 2.Definitions.For purposes of this section, the following terms have the meanings
7.28given them:
7.29 (a) "Pornographic work" "Child sexual abuse material" has the meaning given to it in
7.30section 617.246.
7.31 (b) "Sexual conduct" has the meaning given to it in section 617.246.
7.32 Subd. 3.Dissemination prohibited.(a) A person who disseminates pornographic work
7.33child sexual abuse material to an adult or a minor, knowing or with reason to know its
7Sec. 8.
REVISOR KLL/RC 25-0465603/05/25 8.1content and character, is guilty of a felony and may be sentenced to imprisonment for not
8.2more than seven years or to payment of a fine of not more than $10,000, or both.
8.3 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
8.4imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
8.5or both, if:
8.6 (1) the person has a prior conviction or delinquency adjudication for violating this section
8.7or section 617.246;
8.8 (2) the violation occurs when the person is a registered predatory offender under section
8.9243.166; or
8.10 (3) the violation involved a minor under the age of 14 years.
8.11 Subd. 4.Possession prohibited.(a) A person who possesses a pornographic work child
8.12sexual abuse material or a computer disk or computer or other electronic, magnetic, or
8.13optical storage system or a storage system of any other type, containing a pornographic
8.14work child sexual abuse material, knowing or with reason to know its content and character,
8.15is guilty of a felony and may be sentenced to imprisonment for not more than five years or
8.16to payment of a fine of not more than $5,000, or both.
8.17 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
8.18imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
8.19or both, if:
8.20 (1) the person has a prior conviction or delinquency adjudication for violating this section
8.21or section 617.246;
8.22 (2) the violation occurs when the person is a registered predatory offender under section
8.23243.166; or
8.24 (3) the violation involved a minor under the age of 14 years.
8.25 Subd. 5.Exception.This section does not apply to the performance of official duties
8.26by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,
8.27or social workers or persons acting at the direction of a licensed physician, psychologist,
8.28or social worker in the course of a bona fide treatment or professional education program.
8.29 Subd. 6.Consent.Consent to sexual performance by a minor or the minor's parent,
8.30guardian, or custodian is not a defense to a charge of violation of this section.
8.31 Subd. 7.Second offense.If a person is convicted of a second or subsequent violation
8.32of this section within 15 years of the prior conviction, the court shall order a mental
8Sec. 8.
REVISOR KLL/RC 25-0465603/05/25 9.1examination of the person. The examiner shall report to the court whether treatment of the
9.2person is necessary.
9.3 Subd. 8.Affirmative defense.It shall be an affirmative defense to a charge of violating
9.4this section that the pornographic work child sexual abuse material was produced using
9.5only persons who were 18 years or older.
9.6 Subd. 9.Conditional release term.Notwithstanding the statutory maximum sentence
9.7otherwise applicable to the offense or any provision of the sentencing guidelines, when a
9.8court commits a person to the custody of the commissioner of corrections for violating this
9.9section, the court shall provide that after the person has been released from prison, the
9.10commissioner shall place the person on conditional release for five years. If the person has
9.11previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
9.12609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
9.13state, or any state, the commissioner shall place the person on conditional release for 15
9.14years. The terms of conditional release are governed by section 609.3455, subdivision 8.
9.15 Sec. 9. Minnesota Statutes 2024, section 634.35, is amended to read:
9.16 634.35 VIDEOTAPES RECORDINGS OF CHILD VICTIMS; CONDITIONS OF
9.17DISCLOSURE.
9.18 (a) If a videotaped recorded interview of a child victim of physical or sexual abuse is
9.19disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following
9.20applies:
9.21 (1) no more than two copies of the tape recording or any portion of the tape recording
9.22may be made by the defendant or the defendant's attorney, investigator, expert, or any other
9.23representative or agent of the defendant;
9.24 (2) the tapes recordings may not be used for any purpose other than to prepare for the
9.25defense in the criminal action against the defendant;
9.26 (3) the tapes recordings may not be publicly exhibited, shown, displayed, used for
9.27educational, research, or demonstrative purposes, or used in any other fashion, except in
9.28judicial proceedings in the criminal action against the defendant;
9.29 (4) the tapes recordings may be viewed only by the defendant, the defendant's attorney,
9.30and the attorney's employees, investigators, and experts;
9Sec. 9.
REVISOR KLL/RC 25-0465603/05/25 10.1 (5) no transcript of the tapes recordings, nor the substance of any portion of the tapes
10.2recordings, may be divulged to any person not authorized to view or listen to the tapes
10.3recordings;
10.4 (6) no person may be granted access to the tapes recordings, any transcription of the
10.5tapes recordings, or the substance of any portion of the tapes recordings unless the person
10.6has first signed a written agreement that the person is aware of this statute and acknowledges
10.7that the person is subject to the court's contempt powers for any violation of it; and
10.8 (7) upon final disposition of the criminal case against the defendant, the tapes recordings
10.9and any transcripts of the tapes recordings must be returned to the prosecuting attorney.
10.10 (b) The court may hold a person who violates this section in contempt.
10.11Sec. 10. REVISOR INSTRUCTION.
10.12 The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
10.13Minnesota Rules to reflect the changes made in this act.
10Sec. 10.
REVISOR KLL/RC 25-0465603/05/25