Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2594 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; clarifying that the protections related to interviews of
3	3	1.3 child abuse victims apply to all recordings; proposing changes to terms used in
4	4	1.4 statutes that punish creation, distribution, and possession of sexually explicit
5	5	1.5 materials involving children; making conforming changes; amending Minnesota
6	6	1.6 Statutes 2024, sections 13.03, subdivision 6; 13.821; 144.296; 246B.04, subdivision
7	7	1.7 2; 609.527, subdivision 3; 611A.90; 617.246; 617.247; 634.35.
8	8	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9	1.9 Section 1. Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:
10	10	1.10 Subd. 6.Discoverability of not public data.If a government entity opposes discovery
11	11	1.11of government data or release of data pursuant to court order on the grounds that the data
12	12	1.12are classified as not public, the party that seeks access to the data may bring before the
13	13	1.13appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
14	14	1.14compel discovery or an action in the nature of an action to compel discovery.
15	15	1.15 The presiding officer shall first decide whether the data are discoverable or releasable
16	16	1.16pursuant to the rules of evidence and of criminal, civil, or administrative procedure
17	17	1.17appropriate to the action.
18	18	1.18 If the data are discoverable the presiding officer shall decide whether the benefit to the
19	19	1.19party seeking access to the data outweighs any harm to the confidentiality interests of the
20	20	1.20entity maintaining the data, or of any person who has provided the data or who is the subject
21	21	1.21of the data, or to the privacy interest of an individual identified in the data. In making the
22	22	1.22decision, the presiding officer shall consider whether notice to the subject of the data is
23	23	1.23warranted and, if warranted, what type of notice must be given. The presiding officer may
24	24	1.24fashion and issue any protective orders necessary to assure proper handling of the data by
25	25	1Section 1.
26	26	REVISOR KLL/RC 25-0465603/05/25
27	27	State of Minnesota
28	28	This Document can be made available
29	29	in alternative formats upon request
30	30	HOUSE OF REPRESENTATIVES
31	31	H. F. No. 2594
32	32	NINETY-FOURTH SESSION
33	33	Authored by Pinto03/20/2025
34	34	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,
35	35	2.2explaining, denying, or describing an act of physical or sexual abuse, the presiding officer
36	36	2.3shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data
37	37	2.4are data subject to the protections under chapter 5B or section 13.045, the presiding officer
38	38	2.5shall consider the provisions of section 5B.11.
39	39	2.6 Sec. 2. Minnesota Statutes 2024, section 13.821, is amended to read:
40	40	2.7 13.821 VIDEOTAPES RECORDINGS OF CHILD ABUSE VICTIMS.
41	41	2.8 (a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
42	42	2.9obtain a copy of a videotape recording in which a child victim or alleged victim is alleging,
43	43	2.10explaining, denying, or describing an act of physical or sexual abuse without a court order
44	44	2.11under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual
45	45	2.12abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a
46	46	2.13person responsible for the child's care or in a significant relationship with the child or
47	47	2.14position of authority.
48	48	2.15 (b) This section does not limit other rights of access to data by an individual under section
49	49	2.1613.04, subdivision 3, other than the right to obtain a copy of the videotape recording, nor
50	50	2.17prohibit rights of access pursuant to discovery in a court proceeding.
51	51	2.18 Sec. 3. Minnesota Statutes 2024, section 144.296, is amended to read:
52	52	2.19 144.296 COPIES OF VIDEOTAPES RECORDINGS.
53	53	2.20 A provider may not release a copy of a videotape recording of a child victim or alleged
54	54	2.21victim of physical or sexual abuse without a court order under section 13.03, subdivision
55	55	2.226, or as provided in section 611A.90. This section does not limit the right of a patient to
56	56	2.23view or listen to the videotape recording.
57	57	2.24 Sec. 4. Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:
58	58	2.25 Subd. 2.Ban on obscene material or pornographic work.The executive board shall
59	59	2.26prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous
60	60	2.27persons under chapter 253D from having or receiving material that is obscene as defined
61	61	2.28under section 617.241, subdivision 1, material that depicts sexual conduct as defined under
62	62	2.29section 617.241, subdivision 1, or pornographic work child sexual abuse material as defined
63	63	2.30under section 617.246, subdivision 1, while receiving services in any secure treatment
64	64	2.31facilities operated by the Minnesota Sex Offender Program or any other facilities operated
65	65	2.32by the executive board.
66	66	2Sec. 4.
67	67	REVISOR KLL/RC 25-0465603/05/25 3.1 Sec. 5. Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
68	68	3.2 Subd. 3.Penalties.A person who violates subdivision 2 may be sentenced as follows:
69	69	3.3 (1) if the offense involves a single direct victim and the total, combined loss to the direct
70	70	3.4victim and any indirect victims is $250 or less, the person may be sentenced as provided in
71	71	3.5section 609.52, subdivision 3, clause (5);
72	72	3.6 (2) if the offense involves a single direct victim and the total, combined loss to the direct
73	73	3.7victim and any indirect victims is more than $250 but not more than $500, the person may
74	74	3.8be sentenced as provided in section 609.52, subdivision 3, clause (4);
75	75	3.9 (3) if the offense involves two or three direct victims or the total, combined loss to the
76	76	3.10direct and indirect victims is more than $500 but not more than $2,500, the person may be
77	77	3.11sentenced as provided in section 609.52, subdivision 3, clause (3);
78	78	3.12 (4) if the offense involves more than three but not more than seven direct victims, or if
79	79	3.13the total combined loss to the direct and indirect victims is more than $2,500, the person
80	80	3.14may be sentenced as provided in section 609.52, subdivision 3, clause (2);
81	81	3.15 (5) if the offense involves eight or more direct victims, or if the total, combined loss to
82	82	3.16the direct and indirect victims is more than $35,000, the person may be sentenced as provided
83	83	3.17in section 609.52, subdivision 3, clause (1); and
84	84	3.18 (6) if the offense is related to possession or distribution of pornographic work child
85	85	3.19sexual abuse material in violation of section 617.246 or 617.247, the person may be sentenced
86	86	3.20as provided in section 609.52, subdivision 3, clause (1).
87	87	3.21 Sec. 6. Minnesota Statutes 2024, section 611A.90, is amended to read:
88	88	3.22 611A.90 RELEASE OF VIDEOTAPES RECORDINGS OF CHILD ABUSE
89	89	3.23VICTIMS.
90	90	3.24 Subdivision 1.Definition.For purposes of this section, "physical abuse" and "sexual
91	91	3.25abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts
92	92	3.26by a person responsible for the child's care or in a significant relationship with the child or
93	93	3.27position of authority.
94	94	3.28 Subd. 2.Court order required.(a) A custodian of a videotape recording of a child
95	95	3.29victim or alleged victim alleging, explaining, denying, or describing an act of physical or
96	96	3.30sexual abuse as part of an investigation or evaluation of the abuse may not release a copy
97	97	3.31of the videotape recording without a court order, notwithstanding that the subject has
98	98	3Sec. 6.
99	99	REVISOR KLL/RC 25-0465603/05/25 4.1consented to the release of the videotape recording or that the release is authorized under
100	100	4.2law.
101	101	4.3 (b) The court order may govern the purposes for which the videotape recording may be
102	102	4.4used, reproduction, release to other persons, retention and return of copies, and other
103	103	4.5requirements reasonably necessary for protection of the privacy and best interests of the
104	104	4.6child.
105	105	4.7 Subd. 3.Petition.An individual subject of data, as defined in section 13.02, or a patient,
106	106	4.8as defined in sections 144.291 to 144.298, who is seeking a copy of a videotape recording
107	107	4.9governed by this section may petition the district court in the county where the alleged abuse
108	108	4.10took place or where the custodian of the videotape recording resides for an order releasing
109	109	4.11a copy of the videotape recording under subdivision 2. Nothing in this section establishes
110	110	4.12a right to obtain access to a videotape recording by any other person nor limits a right of a
111	111	4.13person to obtain access if access is otherwise authorized by law or pursuant to discovery in
112	112	4.14a court proceeding.
113	113	4.15 Sec. 7. Minnesota Statutes 2024, section 617.246, is amended to read:
114	114	4.16 617.246 USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
115	115	4.17 Subdivision 1.Definitions.(a) For the purpose of this section, the terms defined in this
116	116	4.18subdivision have the meanings given them.
117	117	4.19 (b) "Minor" means any person under the age of 18.
118	118	4.20 (c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
119	119	4.21 (d) "Sexual performance" means any play, dance or other exhibition presented before
120	120	4.22an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
121	121	4.23actual or simulated sexual conduct as defined by clause paragraph (e).
122	122	4.24 (e) "Sexual conduct" means any of the following:
123	123	4.25 (1) an act of sexual intercourse, normal or perverted, including genital-genital,
124	124	4.26anal-genital, or oral-genital intercourse, whether between human beings or between a human
125	125	4.27being and an animal;
126	126	4.28 (2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
127	127	4.29inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
128	128	4.30or the condition of being fettered, bound or otherwise physically restrained on the part of
129	129	4.31one so clothed;
130	130	4.32 (3) masturbation;
131	131	4Sec. 7.
132	132	REVISOR KLL/RC 25-0465603/05/25 5.1 (4) lewd exhibitions of the genitals; or
133	133	5.2 (5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
134	134	5.3male or female, or the breasts of the female, whether alone or between members of the same
135	135	5.4or opposite sex or between humans and animals in an act of apparent sexual stimulation or
136	136	5.5gratification.
137	137	5.6 (f) "Pornographic work" "Child sexual abuse material" means:
138	138	5.7 (1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
139	139	5.8videodisc, or drawing of a sexual performance involving a minor; or
140	140	5.9 (2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
141	141	5.10slide, or computer-generated image or picture, whether made or produced by electronic,
142	142	5.11mechanical, or other means that:
143	143	5.12 (i) uses a minor to depict actual or simulated sexual conduct;
144	144	5.13 (ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
145	145	5.14in sexual conduct; or
146	146	5.15 (iii) is advertised, promoted, presented, described, or distributed in such a manner that
147	147	5.16conveys the impression that the material is or contains a visual depiction of a minor engaging
148	148	5.17in sexual conduct.
149	149	5.18 For the purposes of this paragraph, an identifiable minor is a person who was a minor
150	150	5.19at the time the depiction was created or altered, whose image is used to create the visual
151	151	5.20depiction.
152	152	5.21 (g) "Material" has the meaning given in section 617.241, subdivision 1, paragraph (e).
153	153	5.22 Subd. 2.Use of minor.(a) It is unlawful for a person to promote, employ, use or permit
154	154	5.23a minor to engage in or assist others to engage minors in posing or modeling alone or with
155	155	5.24others in any sexual performance or pornographic work child sexual abuse material if the
156	156	5.25person knows or has reason to know that the conduct intended is a sexual performance or
157	157	5.26a pornographic work child sexual abuse material.
158	158	5.27 Any person who violates this paragraph is guilty of a felony and may be sentenced to
159	159	5.28imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
160	160	5.29or both.
161	161	5.30 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
162	162	5.31imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
163	163	5.32or both, if:
164	164	5Sec. 7.
165	165	REVISOR KLL/RC 25-0465603/05/25 6.1 (1) the person has a prior conviction or delinquency adjudication for violating this section
166	166	6.2or section 617.247;
167	167	6.3 (2) the violation occurs when the person is a registered predatory offender under section
168	168	6.4243.166; or
169	169	6.5 (3) the violation involved a minor under the age of 14 years.
170	170	6.6 Subd. 3.Operation or ownership of business.(a) A person who owns or operates a
171	171	6.7business in which a pornographic work child sexual abuse material, as defined in this section,
172	172	6.8is disseminated to an adult or a minor or is reproduced, and who knows the content and
173	173	6.9character of the pornographic work child sexual abuse material disseminated or reproduced,
174	174	6.10is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or
175	175	6.11to payment of a fine of not more than $20,000, or both.
176	176	6.12 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
177	177	6.13imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
178	178	6.14or both, if:
179	179	6.15 (1) the person has a prior conviction or delinquency adjudication for violating this section
180	180	6.16or section 617.247;
181	181	6.17 (2) the violation occurs when the person is a registered predatory offender under section
182	182	6.18243.166; or
183	183	6.19 (3) the violation involved a minor under the age of 14 years.
184	184	6.20 Subd. 4.Dissemination.(a) A person who, knowing or with reason to know its content
185	185	6.21and character, disseminates for profit to an adult or a minor a pornographic work child
186	186	6.22sexual abuse material, as defined in this section, is guilty of a felony and may be sentenced
187	187	6.23to imprisonment for not more than ten years, or to payment of a fine of not more than
188	188	6.24$20,000, or both.
189	189	6.25 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
190	190	6.26imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
191	191	6.27or both, if:
192	192	6.28 (1) the person has a prior conviction or delinquency adjudication for violating this section
193	193	6.29or section 617.247;
194	194	6.30 (2) the violation occurs when the person is a registered predatory offender under section
195	195	6.31243.166; or
196	196	6.32 (3) the violation involved a minor under the age of 14 years.
197	197	6Sec. 7.
198	198	REVISOR KLL/RC 25-0465603/05/25 7.1 Subd. 5.Consent; mistake.Neither consent to sexual performance by a minor or the
199	199	7.2minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a
200	200	7.3charge of violation of this section.
201	201	7.4 Subd. 6.Affirmative defense.It shall be an affirmative defense to a charge of violating
202	202	7.5this section that the sexual performance or pornographic work child sexual abuse material
203	203	7.6was produced using only persons who were 18 years or older.
204	204	7.7 Subd. 7.Conditional release term.Notwithstanding the statutory maximum sentence
205	205	7.8otherwise applicable to the offense or any provision of the sentencing guidelines, when a
206	206	7.9court commits a person to the custody of the commissioner of corrections for violating this
207	207	7.10section, the court shall provide that after the person has been released from prison, the
208	208	7.11commissioner shall place the person on conditional release for five years. If the person has
209	209	7.12previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
210	210	7.13609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
211	211	7.14state, or any state, the commissioner shall place the person on conditional release for 15
212	212	7.15years. The terms of conditional release are governed by section 609.3455, subdivision 8.
213	213	7.16 Sec. 8. Minnesota Statutes 2024, section 617.247, is amended to read:
214	214	7.17 617.247 POSSESSION OF PORNOGRAPHIC WORK INVOLVING MINORS
215	215	7.18CHILD SEXUAL ABUSE IMAGES.
216	216	7.19 Subdivision 1.Policy; purpose.It is the policy of the legislature in enacting this section
217	217	7.20to protect minors from the physical and psychological damage caused by their being used
218	218	7.21in pornographic work child sexual abuse material depicting sexual conduct which involves
219	219	7.22minors. It is therefore the intent of the legislature to penalize possession of pornographic
220	220	7.23work child sexual abuse material depicting sexual conduct which involve minors or appears
221	221	7.24to involve minors in order to protect the identity of minors who are victimized by involvement
222	222	7.25in the pornographic work child sexual abuse material, and to protect minors from future
223	223	7.26involvement in pornographic work child sexual abuse material depicting sexual conduct.
224	224	7.27 Subd. 2.Definitions.For purposes of this section, the following terms have the meanings
225	225	7.28given them:
226	226	7.29 (a) "Pornographic work" "Child sexual abuse material" has the meaning given to it in
227	227	7.30section 617.246.
228	228	7.31 (b) "Sexual conduct" has the meaning given to it in section 617.246.
229	229	7.32 Subd. 3.Dissemination prohibited.(a) A person who disseminates pornographic work
230	230	7.33child sexual abuse material to an adult or a minor, knowing or with reason to know its
231	231	7Sec. 8.
232	232	REVISOR KLL/RC 25-0465603/05/25 8.1content and character, is guilty of a felony and may be sentenced to imprisonment for not
233	233	8.2more than seven years or to payment of a fine of not more than $10,000, or both.
234	234	8.3 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
235	235	8.4imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
236	236	8.5or both, if:
237	237	8.6 (1) the person has a prior conviction or delinquency adjudication for violating this section
238	238	8.7or section 617.246;
239	239	8.8 (2) the violation occurs when the person is a registered predatory offender under section
240	240	8.9243.166; or
241	241	8.10 (3) the violation involved a minor under the age of 14 years.
242	242	8.11 Subd. 4.Possession prohibited.(a) A person who possesses a pornographic work child
243	243	8.12sexual abuse material or a computer disk or computer or other electronic, magnetic, or
244	244	8.13optical storage system or a storage system of any other type, containing a pornographic
245	245	8.14work child sexual abuse material, knowing or with reason to know its content and character,
246	246	8.15is guilty of a felony and may be sentenced to imprisonment for not more than five years or
247	247	8.16to payment of a fine of not more than $5,000, or both.
248	248	8.17 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
249	249	8.18imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
250	250	8.19or both, if:
251	251	8.20 (1) the person has a prior conviction or delinquency adjudication for violating this section
252	252	8.21or section 617.246;
253	253	8.22 (2) the violation occurs when the person is a registered predatory offender under section
254	254	8.23243.166; or
255	255	8.24 (3) the violation involved a minor under the age of 14 years.
256	256	8.25 Subd. 5.Exception.This section does not apply to the performance of official duties
257	257	8.26by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,
258	258	8.27or social workers or persons acting at the direction of a licensed physician, psychologist,
259	259	8.28or social worker in the course of a bona fide treatment or professional education program.
260	260	8.29 Subd. 6.Consent.Consent to sexual performance by a minor or the minor's parent,
261	261	8.30guardian, or custodian is not a defense to a charge of violation of this section.
262	262	8.31 Subd. 7.Second offense.If a person is convicted of a second or subsequent violation
263	263	8.32of this section within 15 years of the prior conviction, the court shall order a mental
264	264	8Sec. 8.
265	265	REVISOR KLL/RC 25-0465603/05/25 9.1examination of the person. The examiner shall report to the court whether treatment of the
266	266	9.2person is necessary.
267	267	9.3 Subd. 8.Affirmative defense.It shall be an affirmative defense to a charge of violating
268	268	9.4this section that the pornographic work child sexual abuse material was produced using
269	269	9.5only persons who were 18 years or older.
270	270	9.6 Subd. 9.Conditional release term.Notwithstanding the statutory maximum sentence
271	271	9.7otherwise applicable to the offense or any provision of the sentencing guidelines, when a
272	272	9.8court commits a person to the custody of the commissioner of corrections for violating this
273	273	9.9section, the court shall provide that after the person has been released from prison, the
274	274	9.10commissioner shall place the person on conditional release for five years. If the person has
275	275	9.11previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
276	276	9.12609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
277	277	9.13state, or any state, the commissioner shall place the person on conditional release for 15
278	278	9.14years. The terms of conditional release are governed by section 609.3455, subdivision 8.
279	279	9.15 Sec. 9. Minnesota Statutes 2024, section 634.35, is amended to read:
280	280	9.16 634.35 VIDEOTAPES RECORDINGS OF CHILD VICTIMS; CONDITIONS OF
281	281	9.17DISCLOSURE.
282	282	9.18 (a) If a videotaped recorded interview of a child victim of physical or sexual abuse is
283	283	9.19disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following
284	284	9.20applies:
285	285	9.21 (1) no more than two copies of the tape recording or any portion of the tape recording
286	286	9.22may be made by the defendant or the defendant's attorney, investigator, expert, or any other
287	287	9.23representative or agent of the defendant;
288	288	9.24 (2) the tapes recordings may not be used for any purpose other than to prepare for the
289	289	9.25defense in the criminal action against the defendant;
290	290	9.26 (3) the tapes recordings may not be publicly exhibited, shown, displayed, used for
291	291	9.27educational, research, or demonstrative purposes, or used in any other fashion, except in
292	292	9.28judicial proceedings in the criminal action against the defendant;
293	293	9.29 (4) the tapes recordings may be viewed only by the defendant, the defendant's attorney,
294	294	9.30and the attorney's employees, investigators, and experts;
295	295	9Sec. 9.
296	296	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
297	297	10.2recordings, may be divulged to any person not authorized to view or listen to the tapes
298	298	10.3recordings;
299	299	10.4 (6) no person may be granted access to the tapes recordings, any transcription of the
300	300	10.5tapes recordings, or the substance of any portion of the tapes recordings unless the person
301	301	10.6has first signed a written agreement that the person is aware of this statute and acknowledges
302	302	10.7that the person is subject to the court's contempt powers for any violation of it; and
303	303	10.8 (7) upon final disposition of the criminal case against the defendant, the tapes recordings
304	304	10.9and any transcripts of the tapes recordings must be returned to the prosecuting attorney.
305	305	10.10 (b) The court may hold a person who violates this section in contempt.
306	306	10.11Sec. 10. REVISOR INSTRUCTION.
307	307	10.12 The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
308	308	10.13Minnesota Rules to reflect the changes made in this act.
309	309	10Sec. 10.
310	310	REVISOR KLL/RC 25-0465603/05/25