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S.F. No. 2699 - Miscellaneous Sex Offense-Related Changes (First Engrossment)
Author: Senator Warren Limmer
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
Date: March 8, 2018


Section 1 requires persons convicted of the new enhanced felony surreptitious intrusion crime involving a minor (see section 6) to register as a predatory offender.

Section 2 provides that family reunification efforts otherwise required under the CHIPS law are not required when a parent receives a stay of adjudication for an offense that constitutes sexual abuse.

Section 3 expands the crimes on which the Department of Public Safety must gather statistical data related to human trafficking to include the following:

  • Section 617.247 (possession of pornographic work involving minors); and
  • Section 617.293 (harmful materials; dissemination and display to minors prohibited).

This section also requires the human trafficking study to assess the manner in which pornography supports trafficking by contributing to demand, grooming or training victims, and creating additional revenue streams for traffickers.

Section 4 expands the prostitution-related crime penalty assessment to a number of new crimes.  Under current law, when a person commits certain prostitution-related crimes, the court imposes an assessment of between $500 and $1,000 in addition to any fine.  The money is divided between the local political subdivision (40% to be used for combating the sexual exploitation of youth), the prosecuting agency (20% also to be used in relation to combating the sexual exploitation of youth) and the safe harbor account (40%).  The changes to this section add several new offenses to the list of crimes for which an assessment must be imposed: 

  • Section 609.27 (coercion);
  • Section 609.282 (labor trafficking);
  • Section 609.283 (unlawful conduct with respect to documents in furtherance of labor or sex trafficking);
  • Section 609.33 (disorderly house);
  • Section 609.352 (solicitation of a child);
  • Section 617.246 (use of minors in a sexual performance);
  • Section 617.247 (possession of pornographic work involving minors); and
  • Section 617.293 (harmful materials; dissemination and display to minors).

Section 5 requires county attorneys to report specified information on stays of adjudication for 1st-5th degree criminal sexual conduct (CSC), criminal sexual predatory conduct, and failure to register as a predatory offender crimes, and also for stays of imposition or execution under 1st-4th degree CSC crimes involving intrafamilial sexual abuse.

Section 6 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 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.

Sections 7-13 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 14 requires the Minnesota Sentencing Guidelines Commission to comprehensively review and consider modifying how the Guidelines and the Grid treat child pornography crimes.


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