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S.F. No. 111 - Sex-Related Crimes (First Engrossment)
Author: Senator Warren Limmer
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
Date: January 24, 2019


Section 1 requires persons convicted of the new enhanced felony surreptitious intrusion crime involving a minor (see section 10) to register as a predatory offender.

Section 2 requires a sentencing judge to justify in writing a stay of adjudication for felony criminal sexual conduct offenses.

Section 3 expands the definition of “position of authority” to “current or recent” position of authority for the purposes of the criminal sexual conduct statutes.  Defines “recent” as within 120 days immediately preceding the act.  Includes persons who “assume” a duty or responsibility to a child as well as those who are charged with those duties or responsibilities.

Section 4 is a conforming change that extends the definition of “sexual contact” to apply to the new crime relating to peace officers created in section 8.

Sections 5 to 8 amend the criminal sexual conduct in the 1st- to 4th-degree statutes to include the expanded definition of “position of authority” in section 3.  Also, sections 7 and 8 prohibit peace officers from engaging in any type of sexual contact or penetration with a person being restrained or who is not free to leave the officer’s presence.

Section 9 amends the 5th-degree criminal sexual conduct crime to eliminate the exception for intentionally touching the clothing covering the immediate area of the buttocks.

Section 10 creates a new enhanced felony penalty (statutory maximum sentence of up to four years’ imprisonment and/or $5,000 fine) for a violation of section 609.746, subdivision 1 (surreptitious intrusion), if the offense involved use of a recording device, the victim was a minor, the offender was more than 36 months older than the victim, the offender knew or had reason to know of the minor’s presence, and the offense was committed with sexual intent.  A person convicted under this provision must also register as a predatory offender under section 1.

Section 11 to 17 amend the various child pornography crimes. Add enhanced felony statutory maximum penalties for those crimes if the crime involved a victim under the age of 13. Also adds enhanced statutory maximums for repeat offenders and offenders who are registered predatory offenders. (Some of these enhancements (the repeat offender and the predatory offender ones) are already present for some of the offenses.  The net effect of these changes are to apply all three enhancements to each child pornography crime.) Also, extend the conditional release term for repeat child pornography offenders.

Section 18 requires the Minnesota Sentencing Guidelines Commission to comprehensively review and consider modifying how the Guidelines and the Grid treat child pornography crimes.

Section 19 repeals the shield to prosecution for certain criminal sexual conduct offenses granted to participants in designated voluntary relationships, commonly referred to as the marital rape exception.

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