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); 1Section 1. 25-00511 as introduced12/03/24 REVISOR EB/VJ SENATE STATE OF MINNESOTA S.F. No. 1577NINETY-FOURTH SESSION (SENATE AUTHORS: SEEBERGER) OFFICIAL STATUSD-PGDATE Introduction and first reading02/20/2025 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 2Section 1. 25-00511 as introduced12/03/24 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). 3Sec. 2. 25-00511 as introduced12/03/24 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. 4Sec. 2. 25-00511 as introduced12/03/24 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. 5Sec. 3. 25-00511 as introduced12/03/24 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. 6Sec. 4. 25-00511 as introduced12/03/24 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; 7Sec. 4. 25-00511 as introduced12/03/24 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. 8Sec. 4. 25-00511 as introduced12/03/24 REVISOR EB/VJ