Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1047 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; increasing the age of consent from 16 to 18 in criminal
3	3	1.3 sexual conduct offenses involving offenders who are over 21 years of age; imposing
4	4	1.4 criminal penalties; amending Minnesota Statutes 2024, sections 609.344,
5	5	1.5 subdivision 1a; 609.345, subdivision 1a.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 609.344, subdivision 1a, is amended to read:
8	8	1.8 Subd. 1a.Victim under the age of 18; crime defined.A person who engages in sexual
9	9	1.9penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the
10	10	1.10third degree if any of the following circumstances exists:
11	11	1.11 (a) the complainant is under 14 years of age and the actor is no more than 36 months
12	12	1.12older than the complainant. Neither mistake as to the complainant's age nor consent to the
13	13	1.13act by the complainant shall be a defense;
14	14	1.14 (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
15	15	1.1524 months older than the complainant. In any such case if the actor is no more than 60
16	16	1.16months older than the complainant, it shall be an affirmative defense, which must be proved
17	17	1.17by a preponderance of the evidence, that the actor reasonably believes the complainant to
18	18	1.18be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
19	19	1.19be a defense. Consent by the complainant is not a defense;
20	20	1.20 (c) the actor uses coercion to accomplish the penetration;
21	21	1.21 (d) the actor knows or has reason to know that the complainant is mentally impaired,
22	22	1.22mentally incapacitated, or physically helpless;
23	23	1Section 1.
24	24	25-02328 as introduced01/27/25 REVISOR KLL/LJ
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 1047NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: MAYE QUADE, Mann and Gustafson)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/06/2025
31	31	Referred to Judiciary and Public Safety 2.1 (e) the complainant is at least 16 but less than 18 years of age and the actor is more than
32	32	2.236 months older than the complainant and in a current or recent position of authority over
33	33	2.3the complainant. Neither mistake as to the complainant's age nor consent to the act by the
34	34	2.4complainant is a defense;
35	35	2.5 (f) the actor has a significant relationship to the complainant and the complainant was
36	36	2.6at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
37	37	2.7as to the complainant's age nor consent to the act by the complainant is a defense;
38	38	2.8 (g) the actor has a significant relationship to the complainant, the complainant was at
39	39	2.9least 16 but under 18 years of age at the time of the sexual penetration, and:
40	40	2.10 (i) the actor or an accomplice used force or coercion to accomplish the penetration;
41	41	2.11 (ii) the complainant suffered personal injury; or
42	42	2.12 (iii) the sexual abuse involved multiple acts committed over an extended period of time.
43	43	2.13 Neither mistake as to the complainant's age nor consent to the act by the complainant is
44	44	2.14a defense;
45	45	2.15 (h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
46	46	2.16 (i) at the time of the act, the actor is in a prohibited occupational relationship with the
47	47	2.17complainant.; or
48	48	2.18 (j) the complainant is at least 16 but less than 18 years of age and the actor is 22 years
49	49	2.19of age or older. Neither mistake as to the complainant's age nor consent to the act by the
50	50	2.20complainant shall be a defense.
51	51	2.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
52	52	2.22committed on or after that date.
53	53	2.23 Sec. 2. Minnesota Statutes 2024, section 609.345, subdivision 1a, is amended to read:
54	54	2.24 Subd. 1a.Victim under the age of 18; crime defined.A person who engages in sexual
55	55	2.25contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth
56	56	2.26degree if any of the following circumstances exists:
57	57	2.27 (a) the complainant is under 14 years of age and the actor is no more than 36 months
58	58	2.28older than the complainant. Neither mistake as to the complainant's age or consent to the
59	59	2.29act by the complainant is a defense. In a prosecution under this clause, the state is not
60	60	2.30required to prove that the sexual contact was coerced;
61	61	2Sec. 2.
62	62	25-02328 as introduced01/27/25 REVISOR KLL/LJ 3.1 (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
63	63	3.236 months older than the complainant or in a current or recent position of authority over
64	64	3.3the complainant. Consent by the complainant to the act is not a defense.
65	65	3.4Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
66	66	3.5if the actor is no more than 60 months older than the complainant, it shall be an affirmative
67	67	3.6defense which must be proved by a preponderance of the evidence that the actor reasonably
68	68	3.7believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
69	69	3.8complainant's age shall not be a defense;
70	70	3.9 (c) the actor uses coercion to accomplish the sexual contact;
71	71	3.10 (d) The actor knows or has reason to know that the complainant is mentally impaired,
72	72	3.11mentally incapacitated, or physically helpless;
73	73	3.12 (e) the complainant is at least 16 but less than 18 years of age and the actor is more than
74	74	3.1336 months older than the complainant and in a current or recent position of authority over
75	75	3.14the complainant. Neither mistake as to the complainant's age nor consent to the act by the
76	76	3.15complainant is a defense;
77	77	3.16 (f) the actor has a significant relationship to the complainant and the complainant was
78	78	3.17at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
79	79	3.18the complainant's age nor consent to the act by the complainant is a defense;
80	80	3.19 (g) the actor has a significant relationship to the complainant, the complainant was at
81	81	3.20least 16 but under 18 years of age at the time of the sexual contact, and:
82	82	3.21 (i) the actor or an accomplice used force or coercion to accomplish the contact;
83	83	3.22 (ii) the complainant suffered personal injury; or
84	84	3.23 (iii) the sexual abuse involved multiple acts committed over an extended period of time.
85	85	3.24 Neither mistake as to the complainant's age nor consent to the act by the complainant is
86	86	3.25a defense;
87	87	3.26 (h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
88	88	3.27 (i) at the time of the act, the actor is in a prohibited occupational relationship with the
89	89	3.28complainant.; or
90	90	3.29 (j) the complainant is at least 16 but less than 18 years of age and the actor is 22 years
91	91	3.30of age or older. Neither mistake as to the complainant's age nor consent to the act by the
92	92	3.31complainant shall be a defense.
93	93	3Sec. 2.
94	94	25-02328 as introduced01/27/25 REVISOR KLL/LJ 4.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
95	95	4.2committed on or after that date.
96	96	4Sec. 2.
97	97	25-02328 as introduced01/27/25 REVISOR KLL/LJ