Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2825 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	25-04656 as introduced03/05/25 REVISOR KLL/RC
27	27	SENATE
28	28	STATE OF MINNESOTA
29	29	S.F. No. 2825NINETY-FOURTH SESSION
30	30	(SENATE AUTHORS: OUMOU VERBETEN)
31	31	OFFICIAL STATUSD-PGDATE
32	32	Introduction and first reading03/20/2025
33	33	Referred to Judiciary and Public Safety 2.1the parties. If the data are a videotape recording of a child victim or alleged victim alleging,
34	34	2.2explaining, denying, or describing an act of physical or sexual abuse, the presiding officer
35	35	2.3shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data
36	36	2.4are data subject to the protections under chapter 5B or section 13.045, the presiding officer
37	37	2.5shall consider the provisions of section 5B.11.
38	38	2.6 Sec. 2. Minnesota Statutes 2024, section 13.821, is amended to read:
39	39	2.7 13.821 VIDEOTAPES RECORDINGS OF CHILD ABUSE VICTIMS.
40	40	2.8 (a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
41	41	2.9obtain a copy of a videotape recording in which a child victim or alleged victim is alleging,
42	42	2.10explaining, denying, or describing an act of physical or sexual abuse without a court order
43	43	2.11under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual
44	44	2.12abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a
45	45	2.13person responsible for the child's care or in a significant relationship with the child or
46	46	2.14position of authority.
47	47	2.15 (b) This section does not limit other rights of access to data by an individual under section
48	48	2.1613.04, subdivision 3, other than the right to obtain a copy of the videotape recording, nor
49	49	2.17prohibit rights of access pursuant to discovery in a court proceeding.
50	50	2.18 Sec. 3. Minnesota Statutes 2024, section 144.296, is amended to read:
51	51	2.19 144.296 COPIES OF VIDEOTAPES RECORDINGS.
52	52	2.20 A provider may not release a copy of a videotape recording of a child victim or alleged
53	53	2.21victim of physical or sexual abuse without a court order under section 13.03, subdivision
54	54	2.226, or as provided in section 611A.90. This section does not limit the right of a patient to
55	55	2.23view or listen to the videotape recording.
56	56	2.24 Sec. 4. Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:
57	57	2.25 Subd. 2.Ban on obscene material or pornographic work.The executive board shall
58	58	2.26prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous
59	59	2.27persons under chapter 253D from having or receiving material that is obscene as defined
60	60	2.28under section 617.241, subdivision 1, material that depicts sexual conduct as defined under
61	61	2.29section 617.241, subdivision 1, or pornographic work child sexual abuse material as defined
62	62	2.30under section 617.246, subdivision 1, while receiving services in any secure treatment
63	63	2.31facilities operated by the Minnesota Sex Offender Program or any other facilities operated
64	64	2.32by the executive board.
65	65	2Sec. 4.
66	66	25-04656 as introduced03/05/25 REVISOR KLL/RC 3.1 Sec. 5. Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
67	67	3.2 Subd. 3.Penalties.A person who violates subdivision 2 may be sentenced as follows:
68	68	3.3 (1) if the offense involves a single direct victim and the total, combined loss to the direct
69	69	3.4victim and any indirect victims is $250 or less, the person may be sentenced as provided in
70	70	3.5section 609.52, subdivision 3, clause (5);
71	71	3.6 (2) if the offense involves a single direct victim and the total, combined loss to the direct
72	72	3.7victim and any indirect victims is more than $250 but not more than $500, the person may
73	73	3.8be sentenced as provided in section 609.52, subdivision 3, clause (4);
74	74	3.9 (3) if the offense involves two or three direct victims or the total, combined loss to the
75	75	3.10direct and indirect victims is more than $500 but not more than $2,500, the person may be
76	76	3.11sentenced as provided in section 609.52, subdivision 3, clause (3);
77	77	3.12 (4) if the offense involves more than three but not more than seven direct victims, or if
78	78	3.13the total combined loss to the direct and indirect victims is more than $2,500, the person
79	79	3.14may be sentenced as provided in section 609.52, subdivision 3, clause (2);
80	80	3.15 (5) if the offense involves eight or more direct victims, or if the total, combined loss to
81	81	3.16the direct and indirect victims is more than $35,000, the person may be sentenced as provided
82	82	3.17in section 609.52, subdivision 3, clause (1); and
83	83	3.18 (6) if the offense is related to possession or distribution of pornographic work child
84	84	3.19sexual abuse material in violation of section 617.246 or 617.247, the person may be sentenced
85	85	3.20as provided in section 609.52, subdivision 3, clause (1).
86	86	3.21 Sec. 6. Minnesota Statutes 2024, section 611A.90, is amended to read:
87	87	3.22 611A.90 RELEASE OF VIDEOTAPES RECORDINGS OF CHILD ABUSE
88	88	3.23VICTIMS.
89	89	3.24 Subdivision 1.Definition.For purposes of this section, "physical abuse" and "sexual
90	90	3.25abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts
91	91	3.26by a person responsible for the child's care or in a significant relationship with the child or
92	92	3.27position of authority.
93	93	3.28 Subd. 2.Court order required.(a) A custodian of a videotape recording of a child
94	94	3.29victim or alleged victim alleging, explaining, denying, or describing an act of physical or
95	95	3.30sexual abuse as part of an investigation or evaluation of the abuse may not release a copy
96	96	3.31of the videotape recording without a court order, notwithstanding that the subject has
97	97	3Sec. 6.
98	98	25-04656 as introduced03/05/25 REVISOR KLL/RC 4.1consented to the release of the videotape recording or that the release is authorized under
99	99	4.2law.
100	100	4.3 (b) The court order may govern the purposes for which the videotape recording may be
101	101	4.4used, reproduction, release to other persons, retention and return of copies, and other
102	102	4.5requirements reasonably necessary for protection of the privacy and best interests of the
103	103	4.6child.
104	104	4.7 Subd. 3.Petition.An individual subject of data, as defined in section 13.02, or a patient,
105	105	4.8as defined in sections 144.291 to 144.298, who is seeking a copy of a videotape recording
106	106	4.9governed by this section may petition the district court in the county where the alleged abuse
107	107	4.10took place or where the custodian of the videotape recording resides for an order releasing
108	108	4.11a copy of the videotape recording under subdivision 2. Nothing in this section establishes
109	109	4.12a right to obtain access to a videotape recording by any other person nor limits a right of a
110	110	4.13person to obtain access if access is otherwise authorized by law or pursuant to discovery in
111	111	4.14a court proceeding.
112	112	4.15 Sec. 7. Minnesota Statutes 2024, section 617.246, is amended to read:
113	113	4.16 617.246 USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
114	114	4.17 Subdivision 1.Definitions.(a) For the purpose of this section, the terms defined in this
115	115	4.18subdivision have the meanings given them.
116	116	4.19 (b) "Minor" means any person under the age of 18.
117	117	4.20 (c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
118	118	4.21 (d) "Sexual performance" means any play, dance or other exhibition presented before
119	119	4.22an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
120	120	4.23actual or simulated sexual conduct as defined by clause paragraph (e).
121	121	4.24 (e) "Sexual conduct" means any of the following:
122	122	4.25 (1) an act of sexual intercourse, normal or perverted, including genital-genital,
123	123	4.26anal-genital, or oral-genital intercourse, whether between human beings or between a human
124	124	4.27being and an animal;
125	125	4.28 (2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
126	126	4.29inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
127	127	4.30or the condition of being fettered, bound or otherwise physically restrained on the part of
128	128	4.31one so clothed;
129	129	4.32 (3) masturbation;
130	130	4Sec. 7.
131	131	25-04656 as introduced03/05/25 REVISOR KLL/RC 5.1 (4) lewd exhibitions of the genitals; or
132	132	5.2 (5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
133	133	5.3male or female, or the breasts of the female, whether alone or between members of the same
134	134	5.4or opposite sex or between humans and animals in an act of apparent sexual stimulation or
135	135	5.5gratification.
136	136	5.6 (f) "Pornographic work" "Child sexual abuse material" means:
137	137	5.7 (1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
138	138	5.8videodisc, or drawing of a sexual performance involving a minor; or
139	139	5.9 (2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
140	140	5.10slide, or computer-generated image or picture, whether made or produced by electronic,
141	141	5.11mechanical, or other means that:
142	142	5.12 (i) uses a minor to depict actual or simulated sexual conduct;
143	143	5.13 (ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
144	144	5.14in sexual conduct; or
145	145	5.15 (iii) is advertised, promoted, presented, described, or distributed in such a manner that
146	146	5.16conveys the impression that the material is or contains a visual depiction of a minor engaging
147	147	5.17in sexual conduct.
148	148	5.18 For the purposes of this paragraph, an identifiable minor is a person who was a minor
149	149	5.19at the time the depiction was created or altered, whose image is used to create the visual
150	150	5.20depiction.
151	151	5.21 (g) "Material" has the meaning given in section 617.241, subdivision 1, paragraph (e).
152	152	5.22 Subd. 2.Use of minor.(a) It is unlawful for a person to promote, employ, use or permit
153	153	5.23a minor to engage in or assist others to engage minors in posing or modeling alone or with
154	154	5.24others in any sexual performance or pornographic work child sexual abuse material if the
155	155	5.25person knows or has reason to know that the conduct intended is a sexual performance or
156	156	5.26a pornographic work child sexual abuse material.
157	157	5.27 Any person who violates this paragraph is guilty of a felony and may be sentenced to
158	158	5.28imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
159	159	5.29or both.
160	160	5.30 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
161	161	5.31imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
162	162	5.32or both, if:
163	163	5Sec. 7.
164	164	25-04656 as introduced03/05/25 REVISOR KLL/RC 6.1 (1) the person has a prior conviction or delinquency adjudication for violating this section
165	165	6.2or section 617.247;
166	166	6.3 (2) the violation occurs when the person is a registered predatory offender under section
167	167	6.4243.166; or
168	168	6.5 (3) the violation involved a minor under the age of 14 years.
169	169	6.6 Subd. 3.Operation or ownership of business.(a) A person who owns or operates a
170	170	6.7business in which a pornographic work child sexual abuse material, as defined in this section,
171	171	6.8is disseminated to an adult or a minor or is reproduced, and who knows the content and
172	172	6.9character of the pornographic work child sexual abuse material disseminated or reproduced,
173	173	6.10is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or
174	174	6.11to payment of a fine of not more than $20,000, or both.
175	175	6.12 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
176	176	6.13imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
177	177	6.14or both, if:
178	178	6.15 (1) the person has a prior conviction or delinquency adjudication for violating this section
179	179	6.16or section 617.247;
180	180	6.17 (2) the violation occurs when the person is a registered predatory offender under section
181	181	6.18243.166; or
182	182	6.19 (3) the violation involved a minor under the age of 14 years.
183	183	6.20 Subd. 4.Dissemination.(a) A person who, knowing or with reason to know its content
184	184	6.21and character, disseminates for profit to an adult or a minor a pornographic work child
185	185	6.22sexual abuse material, as defined in this section, is guilty of a felony and may be sentenced
186	186	6.23to imprisonment for not more than ten years, or to payment of a fine of not more than
187	187	6.24$20,000, or both.
188	188	6.25 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
189	189	6.26imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
190	190	6.27or both, if:
191	191	6.28 (1) the person has a prior conviction or delinquency adjudication for violating this section
192	192	6.29or section 617.247;
193	193	6.30 (2) the violation occurs when the person is a registered predatory offender under section
194	194	6.31243.166; or
195	195	6.32 (3) the violation involved a minor under the age of 14 years.
196	196	6Sec. 7.
197	197	25-04656 as introduced03/05/25 REVISOR KLL/RC 7.1 Subd. 5.Consent; mistake.Neither consent to sexual performance by a minor or the
198	198	7.2minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a
199	199	7.3charge of violation of this section.
200	200	7.4 Subd. 6.Affirmative defense.It shall be an affirmative defense to a charge of violating
201	201	7.5this section that the sexual performance or pornographic work child sexual abuse material
202	202	7.6was produced using only persons who were 18 years or older.
203	203	7.7 Subd. 7.Conditional release term.Notwithstanding the statutory maximum sentence
204	204	7.8otherwise applicable to the offense or any provision of the sentencing guidelines, when a
205	205	7.9court commits a person to the custody of the commissioner of corrections for violating this
206	206	7.10section, the court shall provide that after the person has been released from prison, the
207	207	7.11commissioner shall place the person on conditional release for five years. If the person has
208	208	7.12previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
209	209	7.13609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
210	210	7.14state, or any state, the commissioner shall place the person on conditional release for 15
211	211	7.15years. The terms of conditional release are governed by section 609.3455, subdivision 8.
212	212	7.16 Sec. 8. Minnesota Statutes 2024, section 617.247, is amended to read:
213	213	7.17 617.247 POSSESSION OF PORNOGRAPHIC WORK INVOLVING MINORS
214	214	7.18CHILD SEXUAL ABUSE IMAGES.
215	215	7.19 Subdivision 1.Policy; purpose.It is the policy of the legislature in enacting this section
216	216	7.20to protect minors from the physical and psychological damage caused by their being used
217	217	7.21in pornographic work child sexual abuse material depicting sexual conduct which involves
218	218	7.22minors. It is therefore the intent of the legislature to penalize possession of pornographic
219	219	7.23work child sexual abuse material depicting sexual conduct which involve minors or appears
220	220	7.24to involve minors in order to protect the identity of minors who are victimized by involvement
221	221	7.25in the pornographic work child sexual abuse material, and to protect minors from future
222	222	7.26involvement in pornographic work child sexual abuse material depicting sexual conduct.
223	223	7.27 Subd. 2.Definitions.For purposes of this section, the following terms have the meanings
224	224	7.28given them:
225	225	7.29 (a) "Pornographic work" "Child sexual abuse material" has the meaning given to it in
226	226	7.30section 617.246.
227	227	7.31 (b) "Sexual conduct" has the meaning given to it in section 617.246.
228	228	7.32 Subd. 3.Dissemination prohibited.(a) A person who disseminates pornographic work
229	229	7.33child sexual abuse material to an adult or a minor, knowing or with reason to know its
230	230	7Sec. 8.
231	231	25-04656 as introduced03/05/25 REVISOR KLL/RC 8.1content and character, is guilty of a felony and may be sentenced to imprisonment for not
232	232	8.2more than seven years or to payment of a fine of not more than $10,000, or both.
233	233	8.3 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
234	234	8.4imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
235	235	8.5or both, if:
236	236	8.6 (1) the person has a prior conviction or delinquency adjudication for violating this section
237	237	8.7or section 617.246;
238	238	8.8 (2) the violation occurs when the person is a registered predatory offender under section
239	239	8.9243.166; or
240	240	8.10 (3) the violation involved a minor under the age of 14 years.
241	241	8.11 Subd. 4.Possession prohibited.(a) A person who possesses a pornographic work child
242	242	8.12sexual abuse material or a computer disk or computer or other electronic, magnetic, or
243	243	8.13optical storage system or a storage system of any other type, containing a pornographic
244	244	8.14work child sexual abuse material, knowing or with reason to know its content and character,
245	245	8.15is guilty of a felony and may be sentenced to imprisonment for not more than five years or
246	246	8.16to payment of a fine of not more than $5,000, or both.
247	247	8.17 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
248	248	8.18imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
249	249	8.19or both, if:
250	250	8.20 (1) the person has a prior conviction or delinquency adjudication for violating this section
251	251	8.21or section 617.246;
252	252	8.22 (2) the violation occurs when the person is a registered predatory offender under section
253	253	8.23243.166; or
254	254	8.24 (3) the violation involved a minor under the age of 14 years.
255	255	8.25 Subd. 5.Exception.This section does not apply to the performance of official duties
256	256	8.26by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,
257	257	8.27or social workers or persons acting at the direction of a licensed physician, psychologist,
258	258	8.28or social worker in the course of a bona fide treatment or professional education program.
259	259	8.29 Subd. 6.Consent.Consent to sexual performance by a minor or the minor's parent,
260	260	8.30guardian, or custodian is not a defense to a charge of violation of this section.
261	261	8.31 Subd. 7.Second offense.If a person is convicted of a second or subsequent violation
262	262	8.32of this section within 15 years of the prior conviction, the court shall order a mental
263	263	8Sec. 8.
264	264	25-04656 as introduced03/05/25 REVISOR KLL/RC 9.1examination of the person. The examiner shall report to the court whether treatment of the
265	265	9.2person is necessary.
266	266	9.3 Subd. 8.Affirmative defense.It shall be an affirmative defense to a charge of violating
267	267	9.4this section that the pornographic work child sexual abuse material was produced using
268	268	9.5only persons who were 18 years or older.
269	269	9.6 Subd. 9.Conditional release term.Notwithstanding the statutory maximum sentence
270	270	9.7otherwise applicable to the offense or any provision of the sentencing guidelines, when a
271	271	9.8court commits a person to the custody of the commissioner of corrections for violating this
272	272	9.9section, the court shall provide that after the person has been released from prison, the
273	273	9.10commissioner shall place the person on conditional release for five years. If the person has
274	274	9.11previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
275	275	9.12609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
276	276	9.13state, or any state, the commissioner shall place the person on conditional release for 15
277	277	9.14years. The terms of conditional release are governed by section 609.3455, subdivision 8.
278	278	9.15 Sec. 9. Minnesota Statutes 2024, section 634.35, is amended to read:
279	279	9.16 634.35 VIDEOTAPES RECORDINGS OF CHILD VICTIMS; CONDITIONS OF
280	280	9.17DISCLOSURE.
281	281	9.18 (a) If a videotaped recorded interview of a child victim of physical or sexual abuse is
282	282	9.19disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following
283	283	9.20applies:
284	284	9.21 (1) no more than two copies of the tape recording or any portion of the tape recording
285	285	9.22may be made by the defendant or the defendant's attorney, investigator, expert, or any other
286	286	9.23representative or agent of the defendant;
287	287	9.24 (2) the tapes recordings may not be used for any purpose other than to prepare for the
288	288	9.25defense in the criminal action against the defendant;
289	289	9.26 (3) the tapes recordings may not be publicly exhibited, shown, displayed, used for
290	290	9.27educational, research, or demonstrative purposes, or used in any other fashion, except in
291	291	9.28judicial proceedings in the criminal action against the defendant;
292	292	9.29 (4) the tapes recordings may be viewed only by the defendant, the defendant's attorney,
293	293	9.30and the attorney's employees, investigators, and experts;
294	294	9Sec. 9.
295	295	25-04656 as introduced03/05/25 REVISOR KLL/RC 10.1 (5) no transcript of the tapes recordings, nor the substance of any portion of the tapes
296	296	10.2recordings, may be divulged to any person not authorized to view or listen to the tapes
297	297	10.3recordings;
298	298	10.4 (6) no person may be granted access to the tapes recordings, any transcription of the
299	299	10.5tapes recordings, or the substance of any portion of the tapes recordings unless the person
300	300	10.6has first signed a written agreement that the person is aware of this statute and acknowledges
301	301	10.7that the person is subject to the court's contempt powers for any violation of it; and
302	302	10.8 (7) upon final disposition of the criminal case against the defendant, the tapes recordings
303	303	10.9and any transcripts of the tapes recordings must be returned to the prosecuting attorney.
304	304	10.10 (b) The court may hold a person who violates this section in contempt.
305	305	10.11Sec. 10. REVISOR INSTRUCTION.
306	306	10.12 The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
307	307	10.13Minnesota Rules to reflect the changes made in this act.
308	308	10Sec. 10.
309	309	25-04656 as introduced03/05/25 REVISOR KLL/RC