1.1 A bill for an act
1.2 relating to public safety; increasing the age of consent from 16 to 18 in criminal
1.3 sexual conduct offenses involving offenders who are over 21 years of age; imposing
1.4 criminal penalties; amending Minnesota Statutes 2024, sections 609.344,
1.5 subdivision 1a; 609.345, subdivision 1a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 609.344, subdivision 1a, is amended to read:
1.8 Subd. 1a.Victim under the age of 18; crime defined.A person who engages in sexual
1.9penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the
1.10third degree if any of the following circumstances exists:
1.11 (a) the complainant is under 14 years of age and the actor is no more than 36 months
1.12older than the complainant. Neither mistake as to the complainant's age nor consent to the
1.13act by the complainant shall be a defense;
1.14 (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
1.1524 months older than the complainant. In any such case if the actor is no more than 60
1.16months older than the complainant, it shall be an affirmative defense, which must be proved
1.17by a preponderance of the evidence, that the actor reasonably believes the complainant to
1.18be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
1.19be a defense. Consent by the complainant is not a defense;
1.20 (c) the actor uses coercion to accomplish the penetration;
1.21 (d) the actor knows or has reason to know that the complainant is mentally impaired,
1.22mentally incapacitated, or physically helpless;
1Section 1.
25-02328 as introduced01/27/25 REVISOR KLL/LJ
SENATE
STATE OF MINNESOTA
S.F. No. 1047NINETY-FOURTH SESSION
(SENATE AUTHORS: MAYE QUADE, Mann and Gustafson)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/06/2025
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
2.236 months older than the complainant and in a current or recent position of authority over
2.3the complainant. Neither mistake as to the complainant's age nor consent to the act by the
2.4complainant is a defense;
2.5 (f) the actor has a significant relationship to the complainant and the complainant was
2.6at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
2.7as to the complainant's age nor consent to the act by the complainant is a defense;
2.8 (g) the actor has a significant relationship to the complainant, the complainant was at
2.9least 16 but under 18 years of age at the time of the sexual penetration, and:
2.10 (i) the actor or an accomplice used force or coercion to accomplish the penetration;
2.11 (ii) the complainant suffered personal injury; or
2.12 (iii) the sexual abuse involved multiple acts committed over an extended period of time.
2.13 Neither mistake as to the complainant's age nor consent to the act by the complainant is
2.14a defense;
2.15 (h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
2.16 (i) at the time of the act, the actor is in a prohibited occupational relationship with the
2.17complainant.; or
2.18 (j) the complainant is at least 16 but less than 18 years of age and the actor is 22 years
2.19of age or older. Neither mistake as to the complainant's age nor consent to the act by the
2.20complainant shall be a defense.
2.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
2.22committed on or after that date.
2.23 Sec. 2. Minnesota Statutes 2024, section 609.345, subdivision 1a, is amended to read:
2.24 Subd. 1a.Victim under the age of 18; crime defined.A person who engages in sexual
2.25contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth
2.26degree if any of the following circumstances exists:
2.27 (a) the complainant is under 14 years of age and the actor is no more than 36 months
2.28older than the complainant. Neither mistake as to the complainant's age or consent to the
2.29act by the complainant is a defense. In a prosecution under this clause, the state is not
2.30required to prove that the sexual contact was coerced;
2Sec. 2.
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
3.236 months older than the complainant or in a current or recent position of authority over
3.3the complainant. Consent by the complainant to the act is not a defense.
3.4Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
3.5if the actor is no more than 60 months older than the complainant, it shall be an affirmative
3.6defense which must be proved by a preponderance of the evidence that the actor reasonably
3.7believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
3.8complainant's age shall not be a defense;
3.9 (c) the actor uses coercion to accomplish the sexual contact;
3.10 (d) The actor knows or has reason to know that the complainant is mentally impaired,
3.11mentally incapacitated, or physically helpless;
3.12 (e) the complainant is at least 16 but less than 18 years of age and the actor is more than
3.1336 months older than the complainant and in a current or recent position of authority over
3.14the complainant. Neither mistake as to the complainant's age nor consent to the act by the
3.15complainant is a defense;
3.16 (f) the actor has a significant relationship to the complainant and the complainant was
3.17at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
3.18the complainant's age nor consent to the act by the complainant is a defense;
3.19 (g) the actor has a significant relationship to the complainant, the complainant was at
3.20least 16 but under 18 years of age at the time of the sexual contact, and:
3.21 (i) the actor or an accomplice used force or coercion to accomplish the contact;
3.22 (ii) the complainant suffered personal injury; or
3.23 (iii) the sexual abuse involved multiple acts committed over an extended period of time.
3.24 Neither mistake as to the complainant's age nor consent to the act by the complainant is
3.25a defense;
3.26 (h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
3.27 (i) at the time of the act, the actor is in a prohibited occupational relationship with the
3.28complainant.; or
3.29 (j) the complainant is at least 16 but less than 18 years of age and the actor is 22 years
3.30of age or older. Neither mistake as to the complainant's age nor consent to the act by the
3.31complainant shall be a defense.
3Sec. 2.
25-02328 as introduced01/27/25 REVISOR KLL/LJ 4.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
4.2committed on or after that date.
4Sec. 2.
25-02328 as introduced01/27/25 REVISOR KLL/LJ