| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; increasing penalties for creating, distributing, and |
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| 3 | 3 | | 1.3 possessing sexually explicit materials involving children; amending Minnesota |
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| 4 | 4 | | 1.4 Statutes 2024, sections 617.246, subdivisions 2, 4; 617.247, subdivisions 2, 3, 4, |
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| 5 | 5 | | 1.5 by adding a subdivision. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 617.246, subdivision 2, is amended to read: |
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| 8 | 8 | | 1.8 Subd. 2.Use of minor.(a) It is unlawful for a person to promote, employ, use or permit |
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| 9 | 9 | | 1.9a minor to engage in or assist others to engage minors in posing or modeling alone or with |
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| 10 | 10 | | 1.10others in any sexual performance or pornographic work if the person knows or has reason |
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| 11 | 11 | | 1.11to know that the conduct intended is a sexual performance or a pornographic work. |
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| 12 | 12 | | 1.12 Any person who violates this paragraph is guilty of a felony and may be sentenced to |
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| 13 | 13 | | 1.13imprisonment for not more than ten years or shall be committed to the commissioner of |
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| 14 | 14 | | 1.14corrections for not less than ten years, nor more than 25 years, and sentenced to payment |
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| 15 | 15 | | 1.15of a fine of not more than $20,000, or both. |
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| 16 | 16 | | 1.16 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to |
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| 17 | 17 | | 1.17imprisonment for not more than 15 years or shall be committed to the commissioner of |
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| 18 | 18 | | 1.18corrections for not less than 15 years, nor more than 30 years, and sentenced to payment of |
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| 19 | 19 | | 1.19a fine of not more than $40,000, or both, if: |
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| 20 | 20 | | 1.20 (1) the person has a prior conviction or delinquency adjudication for a sex offense, as |
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| 21 | 21 | | 1.21defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section |
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| 22 | 22 | | 1.22617.247; or |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | 25-00698 as introduced12/05/24 REVISOR KLL/DG |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 463NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: UTKE) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading01/21/2025 |
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| 31 | 31 | | Referred to Judiciary and Public Safety 2.1 (2) the violation occurs when the person is a registered predatory offender under section |
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| 32 | 32 | | 2.2243.166; or. |
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| 33 | 33 | | 2.3 (3) the violation involved a minor under the age of 14 years. |
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| 34 | 34 | | 2.4 Sec. 2. Minnesota Statutes 2024, section 617.246, subdivision 4, is amended to read: |
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| 35 | 35 | | 2.5 Subd. 4.Dissemination for profit.(a) A person who, knowing or with reason to know |
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| 36 | 36 | | 2.6its content and character, disseminates for profit to an adult or a minor a pornographic work, |
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| 37 | 37 | | 2.7as defined in this section, is guilty of a felony and may be sentenced to imprisonment for |
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| 38 | 38 | | 2.8not more than ten years, or shall be committed to the commissioner of corrections for not |
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| 39 | 39 | | 2.9less than five years, nor more than 20 years, and sentenced to payment of a fine of not more |
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| 40 | 40 | | 2.10than $20,000, or both. |
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| 41 | 41 | | 2.11 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to |
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| 42 | 42 | | 2.12imprisonment for not more than 15 years or shall be committed to the commissioner of |
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| 43 | 43 | | 2.13corrections for not less than ten years, nor more than 25 years, and sentenced to payment |
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| 44 | 44 | | 2.14of a fine of not more than $40,000, or both, if: |
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| 45 | 45 | | 2.15 (1) the person has a prior conviction or delinquency adjudication for a sex offense, as |
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| 46 | 46 | | 2.16defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section |
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| 47 | 47 | | 2.17617.247; or |
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| 48 | 48 | | 2.18 (2) the violation occurs when the person is a registered predatory offender under section |
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| 49 | 49 | | 2.19243.166; or. |
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| 50 | 50 | | 2.20 (3) the violation involved a minor under the age of 14 years. |
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| 51 | 51 | | 2.21 Sec. 3. Minnesota Statutes 2024, section 617.247, subdivision 2, is amended to read: |
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| 52 | 52 | | 2.22 Subd. 2.Definitions.For purposes of this section, the following terms have the meanings |
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| 53 | 53 | | 2.23given them: |
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| 54 | 54 | | 2.24 (a) "Pornographic work" has the meaning given to it in section 617.246. |
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| 55 | 55 | | 2.25 (b) "Receive" means to voluntarily and knowingly take into one's possession. |
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| 56 | 56 | | 2.26 (b) (c) "Sexual conduct" has the meaning given to it in section 617.246. |
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| 57 | 57 | | 2.27 Sec. 4. Minnesota Statutes 2024, section 617.247, subdivision 3, is amended to read: |
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| 58 | 58 | | 2.28 Subd. 3.Dissemination or receipt prohibited.(a) A person who disseminates |
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| 59 | 59 | | 2.29pornographic work to an adult or a minor or receives a pornographic work, knowing or with |
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| 60 | 60 | | 2.30reason to know its content and character, is guilty of a felony and may be sentenced to |
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| 61 | 61 | | 2Sec. 4. |
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| 62 | 62 | | 25-00698 as introduced12/05/24 REVISOR KLL/DG 3.1imprisonment for not more than seven years or shall be committed to the commissioner of |
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| 63 | 63 | | 3.2corrections for not less than three years, nor more than 20 years, and sentenced to payment |
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| 64 | 64 | | 3.3of a fine of not more than $10,000, or both. |
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| 65 | 65 | | 3.4 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to |
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| 66 | 66 | | 3.5imprisonment for not more than 15 years or shall be committed to the commissioner of |
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| 67 | 67 | | 3.6corrections for not less than ten years, nor more than 25 years, and sentenced to payment |
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| 68 | 68 | | 3.7of a fine of not more than $20,000, or both, if: |
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| 69 | 69 | | 3.8 (1) the person has a prior conviction or delinquency adjudication for a sex offense, as |
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| 70 | 70 | | 3.9defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section |
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| 71 | 71 | | 3.10617.246; or |
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| 72 | 72 | | 3.11 (2) the violation occurs when the person is a registered predatory offender under section |
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| 73 | 73 | | 3.12243.166; or. |
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| 74 | 74 | | 3.13 (3) the violation involved a minor under the age of 14 years. |
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| 75 | 75 | | 3.14 Sec. 5. Minnesota Statutes 2024, section 617.247, subdivision 4, is amended to read: |
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| 76 | 76 | | 3.15 Subd. 4.Possession prohibited.(a) A person who possesses a pornographic work or a |
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| 77 | 77 | | 3.16computer disk or computer or other electronic, magnetic, or optical storage system or a |
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| 78 | 78 | | 3.17storage system of any other type, containing a pornographic work, knowing or with reason |
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| 79 | 79 | | 3.18to know its content and character, or attempts to access the same with the intent to view |
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| 80 | 80 | | 3.19pornographic work, is guilty of a felony and may be sentenced to imprisonment for not |
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| 81 | 81 | | 3.20more than five ten years or and sentenced to payment of a fine of not more than $5,000, or |
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| 82 | 82 | | 3.21both. |
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| 83 | 83 | | 3.22 (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to |
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| 84 | 84 | | 3.23imprisonment for not more than ten 15 years or and sentenced to payment of a fine of not |
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| 85 | 85 | | 3.24more than $10,000, or both, if: |
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| 86 | 86 | | 3.25 (1) the person has a prior conviction or delinquency adjudication for a sex offense, as |
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| 87 | 87 | | 3.26defined in section 609.3455, subdivision 1, paragraph (h), or violating this section or section |
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| 88 | 88 | | 3.27617.246; or |
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| 89 | 89 | | 3.28 (2) the violation occurs when the person is a registered predatory offender under section |
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| 90 | 90 | | 3.29243.166; or. |
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| 91 | 91 | | 3.30 (3) the violation involved a minor under the age of 14 years. |
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| 92 | 92 | | 3Sec. 5. |
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| 93 | 93 | | 25-00698 as introduced12/05/24 REVISOR KLL/DG 4.1 (c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to |
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| 94 | 94 | | 4.2imprisonment for not more than 20 years and sentenced to payment of a fine of not more |
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| 95 | 95 | | 4.3than $20,000 if the violation involved a minor under the age of 13 years. |
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| 96 | 96 | | 4.4 Sec. 6. Minnesota Statutes 2024, section 617.247, is amended by adding a subdivision to |
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| 97 | 97 | | 4.5read: |
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| 98 | 98 | | 4.6 Subd. 10.Mandatory terms of probation.If a person is convicted under subdivision |
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| 99 | 99 | | 4.74, paragraph (a), and the court does not commit the offender to the custody of the |
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| 100 | 100 | | 4.8commissioner of corrections, the court shall consider the following for inclusion as terms |
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| 101 | 101 | | 4.9or conditions of probation: |
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| 102 | 102 | | 4.10 (1) incarceration in a local jail; |
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| 103 | 103 | | 4.11 (2) completion of an appropriate sex offender or psychosexual offender evaluation, with |
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| 104 | 104 | | 4.12the requirement that all recommendations be successfully completed and complied with; |
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| 105 | 105 | | 4.13and |
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| 106 | 106 | | 4.14 (3) at least one of the following: |
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| 107 | 107 | | 4.15 (i) no contact with minors; |
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| 108 | 108 | | 4.16 (ii) no unsupervised contact with minors with consideration of who supervises the minors |
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| 109 | 109 | | 4.17and how the minors are supervised; or |
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| 110 | 110 | | 4.18 (iii) any contact with minors must be preapproved by the probation officer. |
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| 111 | 111 | | 4Sec. 6. |
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| 112 | 112 | | 25-00698 as introduced12/05/24 REVISOR KLL/DG |
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