Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1577 Latest Draft

Bill / Introduced Version Filed 02/17/2025

                            1.1	A bill for an act​
1.2 relating to public safety; prohibiting artificial intelligence generated child sexual​
1.3 abuse material and possession, sale, creation, dissemination, and purchase of​
1.4 child-like sex dolls; amending Minnesota Statutes 2024, sections 243.166,​
1.5 subdivision 1b; 617.246, subdivision 1; proposing coding for new law in Minnesota​
1.6 Statutes, chapter 617.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. Minnesota Statutes 2024, section 243.166, subdivision 1b, is amended to read:​
1.9 Subd. 1b.Registration required.(a) A person shall register under this section if:​
1.10 (1) the person was charged with or petitioned for a felony violation of or attempt to​
1.11violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted​
1.12of or adjudicated delinquent for that offense or another offense arising out of the same set​
1.13of circumstances:​
1.14 (i) murder under section 609.185, paragraph (a), clause (2);​
1.15 (ii) kidnapping under section 609.25;​
1.16 (iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,​
1.17subdivision 3, paragraph (b); or 609.3453;​
1.18 (iv) indecent exposure under section 617.23, subdivision 3; or​
1.19 (v) surreptitious intrusion under the circumstances described in section 609.746,​
1.20subdivision 1, paragraph (h);​
1​Section 1.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1577​NINETY-FOURTH SESSION​
(SENATE AUTHORS: SEEBERGER)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​02/20/2025​
Referred to Judiciary and Public Safety​ 2.1 (2) the person was charged with or petitioned for a violation of, or attempt to violate, or​
2.2aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated​
2.3delinquent for that offense or another offense arising out of the same set of circumstances:​
2.4 (i) criminal abuse in violation of Minnesota Statutes 2020, section 609.2325, subdivision​
2.51, paragraph (b);​
2.6 (ii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in​
2.7the sex trafficking of a minor in violation of section 609.322;​
2.8 (iii) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);​
2.9 (iv) soliciting a minor to engage in sexual conduct in violation of section 609.352,​
2.10subdivision 2 or 2a, clause (1);​
2.11 (v) using a minor in a sexual performance in violation of section 617.246; or​
2.12 (vi) possessing or disseminating a pornographic work involving a minor in violation of​
2.13section 617.247;​
2.14 (vii) possession of a child-like sex doll in violation of section 617.248; or​
2.15 (viii) creation of child-like sex dolls in violation of section 617.249;​
2.16 (3) the person was sentenced as a patterned sex offender under section 609.3455,​
2.17subdivision 3a; or​
2.18 (4) the person was charged with or petitioned for, including pursuant to a court martial,​
2.19violating a law of the United States, including the Uniform Code of Military Justice, similar​
2.20to an offense or involving similar circumstances to an offense described in clause (1), (2),​
2.21or (3), and convicted of or adjudicated delinquent for that offense or another offense arising​
2.22out of the same set of circumstances.​
2.23 (b) A person also shall register under this section if:​
2.24 (1) the person was charged with or petitioned for an offense in another state similar to​
2.25an offense or involving similar circumstances to an offense described in paragraph (a),​
2.26clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another​
2.27offense arising out of the same set of circumstances;​
2.28 (2) the person enters this state to reside, work, or attend school, or enters this state and​
2.29remains for 14 days or longer or for an aggregate period of time exceeding 30 days during​
2.30any calendar year; and​
2​Section 1.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​ 3.1 (3) ten years have not elapsed since the person was released from confinement or, if the​
3.2person was not confined, since the person was convicted of or adjudicated delinquent for​
3.3the offense that triggers registration, unless the person is subject to a longer registration​
3.4period under the laws of another state in which the person has been convicted or adjudicated,​
3.5or is subject to lifetime registration.​
3.6 If a person described in this paragraph is subject to a longer registration period in another​
3.7state or is subject to lifetime registration, the person shall register for that time period​
3.8regardless of when the person was released from confinement, convicted, or adjudicated​
3.9delinquent.​
3.10 (c) A person also shall register under this section if the person was committed pursuant​
3.11to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter​
3.12253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the​
3.13United States, regardless of whether the person was convicted of any offense.​
3.14 (d) A person also shall register under this section if:​
3.15 (1) the person was charged with or petitioned for a felony violation or attempt to violate​
3.16any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or​
3.17the United States, or the person was charged with or petitioned for a violation of any of the​
3.18offenses listed in paragraph (a), clause (2), or a similar law of another state or the United​
3.19States;​
3.20 (2) the person was found not guilty by reason of mental illness or mental deficiency​
3.21after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in​
3.22states with a guilty but mentally ill verdict; and​
3.23 (3) the person was committed pursuant to a court commitment order under section​
3.24253B.18 or a similar law of another state or the United States.​
3.25 Sec. 2. Minnesota Statutes 2024, section 617.246, subdivision 1, is amended to read:​
3.26 Subdivision 1.Definitions.(a) For the purpose of this section, the terms defined in this​
3.27subdivision have the meanings given them.​
3.28 (b) "Minor" means any person under the age of 18.​
3.29 (c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.​
3.30 (d) "Sexual performance" means any play, dance or other exhibition presented before​
3.31an audience or for purposes of visual or mechanical reproduction that uses a minor to depict​
3.32actual or simulated sexual conduct as defined by clause (e).​
3​Sec. 2.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​ 4.1 (e) "Sexual conduct" means any of the following:​
4.2 (1) an act of sexual intercourse, normal or perverted, including genital-genital,​
4.3anal-genital, or oral-genital intercourse, whether between human beings or between a human​
4.4being and an animal;​
4.5 (2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts​
4.6inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,​
4.7or the condition of being fettered, bound or otherwise physically restrained on the part of​
4.8one so clothed;​
4.9 (3) masturbation;​
4.10 (4) lewd exhibitions of the genitals; or​
4.11 (5) physical contact with the clothed or unclothed pubic areas or buttocks of a human​
4.12male or female, or the breasts of the female, whether alone or between members of the same​
4.13or opposite sex or between humans and animals in an act of apparent sexual stimulation or​
4.14gratification.​
4.15 (f) "Pornographic work" means:​
4.16 (1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,​
4.17videodisc, or drawing of a sexual performance involving a minor; or​
4.18 (2) any visual depiction, including any photograph, film, video, picture, drawing, negative,​
4.19slide, or computer-generated image or picture, whether made or produced by electronic,​
4.20mechanical, or other means that:​
4.21 (i) uses a minor to depict actual or simulated sexual conduct;​
4.22 (ii) has been created, adapted, or modified to appear that an identifiable minor is engaging​
4.23in sexual conduct; or​
4.24 (iii) is advertised, promoted, presented, described, or distributed in such a manner that​
4.25conveys the impression that the material is or contains a visual depiction of a minor engaging​
4.26in sexual conduct.; or​
4.27 (iv) depicts an individual indistinguishable from an actual minor created by the use of​
4.28generative artificial intelligence or other computer technology capable of processing and​
4.29interpreting specific data inputs, commonly referred to as prompts, to create a visual depiction​
4.30of the individual engaging in sexual conduct.​
4​Sec. 2.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​ 5.1 For the purposes of this paragraph, an identifiable minor is a person who was a minor​
5.2at the time the depiction was created or altered, whose image is used to create the visual​
5.3depiction.​
5.4 Sec. 3. [617.248] POSSESSION OF A CHILD-LIKE SEX DOLL.​
5.5 Subdivision 1.Definition."Child-like sex doll" means an anatomically correct doll,​
5.6mannequin, or robot, with features that are intended to depict or resemble a minor and is​
5.7intended for use in sex acts.​
5.8 Subd. 2.Dissemination prohibited.(a) A person who knowingly, or with reason to​
5.9know, disseminates a child-like sex doll to an adult or a minor, is guilty of a felony and may​
5.10be sentenced to imprisonment for not more than seven years or to payment of a fine of not​
5.11more than $10,000, or both.​
5.12 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
5.13imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,​
5.14or both, if:​
5.15 (1) the person has a prior conviction or delinquency adjudication for violating this section,​
5.16section 617.246, or section 617.247;​
5.17 (2) the violation occurs when the person is a registered predatory offender under section​
5.18243.166; or​
5.19 (3) the violation involved a child-like sex doll depicting a minor under the age of 14​
5.20years.​
5.21 Subd. 3.Possession prohibited.(a) A person who knowingly, or with reason to know,​
5.22possesses a child-like sex doll is guilty of a felony and may be sentenced to imprisonment​
5.23for not more than five years or to payment of a fine of not more than $5,000, or both.​
5.24 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
5.25imprisonment for not more than ten years or to payment of a fine of not more than $10,000,​
5.26or both, if:​
5.27 (1) the person has a prior conviction or delinquency adjudication for violating this section,​
5.28section 617.246, or section 617.247;​
5.29 (2) the violation occurs when the person is a registered predatory offender under section​
5.30243.166; or​
5.31 (3) the violation involved a child-like sex doll depicting a minor under the age of 14​
5.32years.​
5​Sec. 3.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​ 6.1 Subd. 4.Exception.This section does not apply to the performance of official duties​
6.2by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,​
6.3or social workers or persons acting at the direction of a licensed physician, psychologist,​
6.4or social worker in the course of a bona fide treatment or professional education program.​
6.5 Subd. 5.Second offense.If a person is convicted of a second or subsequent violation​
6.6of this section within 15 years of the prior conviction, the court shall order a mental​
6.7examination of the person. The examiner shall report to the court whether treatment of the​
6.8person is necessary.​
6.9 Subd. 6.Conditional release term.Notwithstanding the statutory maximum sentence​
6.10otherwise applicable to the offense or any provision of the sentencing guidelines, when a​
6.11court commits a person to the custody of the commissioner of corrections for violating this​
6.12section, the court shall provide that after the person has been released from prison, the​
6.13commissioner shall place the person on conditional release for five years. If the person has​
6.14previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,​
6.15609.345, 609.3451, 609.3453, 617.246, 617.247, 617.248, 617.249, or any similar statute​
6.16of the United States, this state, or any state, the commissioner shall place the person on​
6.17conditional release for 15 years. The terms of conditional release are governed by section​
6.18609.3455, subdivision 8.​
6.19 Sec. 4. [617.249] CREATION OF CHILD-LIKE SEX DOLLS PROHIBITED.​
6.20 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this​
6.21subdivision have the meanings given.​
6.22 (b) "Minor" means any person under the age of 18.​
6.23 (c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.​
6.24 (d) "Child-like sex doll" has the meaning given in section 617.248.​
6.25 Subd. 2.Use of minor.(a) It is unlawful for a person to promote, employ, use, or permit​
6.26a minor to engage in or assist others to engage minors in the modeling for the creation of a​
6.27child-like sex doll if the person knows or has reason to know that the conduct intended is​
6.28to create a child-like sex doll.​
6.29 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
6.30imprisonment for not more than ten years or to payment of a fine of not more than $10,000,​
6.31or both.​
6​Sec. 4.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​ 7.1 (c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
7.2imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,​
7.3or both, if:​
7.4 (1) the person has a prior conviction or delinquency adjudication for violating this section​
7.5or section 617.246, 617.247, or 617.248;​
7.6 (2) the violation occurs when the person is a registered predatory offender under section​
7.7243.166; or​
7.8 (3) the violation involved a minor under the age of 14 years.​
7.9 Subd. 3.Operation or ownership of business.(a) It is unlawful for a person who owns​
7.10or operates a business to intentionally disseminate or reproduce a child-like sex doll where​
7.11a minor was used or employed in the modeling for the creation of the child-like sex doll.​
7.12 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
7.13imprisonment for not more than ten years, or to payment of a fine of not more than $10,000,​
7.14or both.​
7.15 (c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
7.16imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,​
7.17or both, if:​
7.18 (1) the person has a prior conviction or delinquency adjudication for violating this section​
7.19or section 617.246, 617.247, or 617.248;​
7.20 (2) the violation occurs when the person is a registered predatory offender under section​
7.21243.166; or​
7.22 (3) the violation involved a minor under the age of 14 years.​
7.23 Subd. 4.Dissemination.(a) A person who intentionally disseminates for profit to an​
7.24adult or a minor a child-like sex doll that used or employed a minor in the modeling for the​
7.25creation of the child-like sex doll is guilty of a felony and may be sentenced to imprisonment​
7.26for not more than ten years, or to payment of a fine of not more than $10,000, or both.​
7.27 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to​
7.28imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,​
7.29or both, if:​
7.30 (1) the person has a prior conviction or delinquency adjudication for violating this section​
7.31or section 617.246, 617.247, or 617.248;​
7​Sec. 4.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​ 8.1 (2) the violation occurs when the person is a registered predatory offender under section​
8.2243.166; or​
8.3 (3) the violation involved a minor under the age of 14 years.​
8.4 Subd. 5.Consent; mistake.Neither consent to the modeling for the creation of a​
8.5child-like sex doll by a minor or the minor's parent, guardian, or custodian nor mistake as​
8.6to the minor's age is a defense to a charge of violation of this section.​
8.7 Subd. 6.Conditional release term.Notwithstanding the statutory maximum sentence​
8.8otherwise applicable to the offense or any provision of the sentencing guidelines, when a​
8.9court commits a person to the custody of the commissioner of corrections for violating this​
8.10section, the court shall provide that after the person has been released from prison, the​
8.11commissioner shall place the person on conditional release for five years. If the person has​
8.12previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,​
8.13609.345, 609.3451, 609.3453, 617.246, 617.247, 617.248, or any similar statute of the​
8.14United States, this state, or any state, the commissioner shall place the person on conditional​
8.15release for 15 years. The terms of conditional release are governed by section 609.3455,​
8.16subdivision 8.​
8​Sec. 4.​
25-00511 as introduced​12/03/24 REVISOR EB/VJ​