Bill Text: MN HF636 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Time period expanded in which an offender is considered to be in a position of authority over a victim for purposes of the criminal sexual conduct laws.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-21 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF636 Detail]
Download: Minnesota-2011-HF636-Introduced.html
1.2relating to public safety; expanding the time period in which an offender is
1.3considered to be in a position of authority over a victim for purposes of the
1.4criminal sexual conduct laws;amending Minnesota Statutes 2010, sections
1.5609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1;
1.6609.344, subdivision 1; 609.345, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 609.341, subdivision 10, is amended to
1.9read:
1.10 Subd. 10. Position of authority. "Position of authority" includes but is not limited
1.11to any person who is a parent or acting in the place of a parent and charged with any
1.12of a parent's rights, duties or responsibilities to a child, or a person who is charged
1.13with any duty or responsibility for the health, welfare, or supervision of a child, either
1.14independently or through another, no matter how brief, at the time of or within the 24
1.15months immediately preceding the act. For the purposes of subdivision 11, "position
1.16of authority" includes a psychotherapist.
1.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
1.18committed on or after that date.
1.19 Sec. 2. Minnesota Statutes 2010, section 609.342, subdivision 1, is amended to read:
1.20 Subdivision 1. Crime defined. A person who engages in sexual penetration with
1.21another person, or in sexual contact with a person under 13 years of age as defined in
1.22section609.341, subdivision 11 , paragraph (c), is guilty of criminal sexual conduct in the
1.23first degree if any of the following circumstances exists:
2.1(a) the complainant is under 13 years of age and the actor is more than 36 months
2.2older than the complainant. Neither mistake as to the complainant's age nor consent to
2.3the act by the complainant is a defense;
2.4(b) the complainant is at least 13 years of age but less than 16 years of age and the
2.5actor is more than 48 months older than the complainant and is or has within the 24 months
2.6immediately preceding the act been in a position of authority over the complainant. Neither
2.7mistake as to the complainant's age nor consent to the act by the complainant is a defense;
2.8(c) circumstances existing at the time of the act cause the complainant to have a
2.9reasonable fear of imminent great bodily harm to the complainant or another;
2.10(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
2.11manner to lead the complainant to reasonably believe it to be a dangerous weapon and
2.12uses or threatens to use the weapon or article to cause the complainant to submit;
2.13(e) the actor causes personal injury to the complainant, and either of the following
2.14circumstances exist:
2.15(i) the actor uses force or coercion to accomplish sexual penetration; or
2.16(ii) the actor knows or has reason to know that the complainant is mentally impaired,
2.17mentally incapacitated, or physically helpless;
2.18(f) the actor is aided or abetted by one or more accomplices within the meaning of
2.19section609.05 , and either of the following circumstances exists:
2.20(i) an accomplice uses force or coercion to cause the complainant to submit; or
2.21(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
2.22in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
2.23uses or threatens to use the weapon or article to cause the complainant to submit;
2.24(g) the actor has a significant relationship to the complainant and the complainant
2.25was under 16 years of age at the time of the sexual penetration. Neither mistake as to the
2.26complainant's age nor consent to the act by the complainant is a defense; or
2.27(h) the actor has a significant relationship to the complainant, the complainant was
2.28under 16 years of age at the time of the sexual penetration, and:
2.29(i) the actor or an accomplice used force or coercion to accomplish the penetration;
2.30(ii) the complainant suffered personal injury; or
2.31(iii) the sexual abuse involved multiple acts committed over an extended period of
2.32time.
2.33Neither mistake as to the complainant's age nor consent to the act by the complainant
2.34is a defense.
2.35EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.36committed on or after that date.
3.1 Sec. 3. Minnesota Statutes 2010, section 609.343, subdivision 1, is amended to read:
3.2 Subdivision 1. Crime defined. A person who engages in sexual contact with
3.3another person is guilty of criminal sexual conduct in the second degree if any of the
3.4following circumstances exists:
3.5(a) the complainant is under 13 years of age and the actor is more than 36 months
3.6older than the complainant. Neither mistake as to the complainant's age nor consent to the
3.7act by the complainant is a defense. In a prosecution under this clause, the state is not
3.8required to prove that the sexual contact was coerced;
3.9(b) the complainant is at least 13 but less than 16 years of age and the actor is more
3.10than 48 months older than the complainant and is or has within the 24 months immediately
3.11preceding the act been in a position of authority over the complainant. Neither mistake as
3.12to the complainant's age nor consent to the act by the complainant is a defense;
3.13(c) circumstances existing at the time of the act cause the complainant to have a
3.14reasonable fear of imminent great bodily harm to the complainant or another;
3.15(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
3.16manner to lead the complainant to reasonably believe it to be a dangerous weapon and
3.17uses or threatens to use the dangerous weapon to cause the complainant to submit;
3.18(e) the actor causes personal injury to the complainant, and either of the following
3.19circumstances exist:
3.20(i) the actor uses force or coercion to accomplish the sexual contact; or
3.21(ii) the actor knows or has reason to know that the complainant is mentally impaired,
3.22mentally incapacitated, or physically helpless;
3.23(f) the actor is aided or abetted by one or more accomplices within the meaning of
3.24section609.05 , and either of the following circumstances exists:
3.25(i) an accomplice uses force or coercion to cause the complainant to submit; or
3.26(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
3.27in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
3.28uses or threatens to use the weapon or article to cause the complainant to submit;
3.29(g) the actor has a significant relationship to the complainant and the complainant
3.30was under 16 years of age at the time of the sexual contact. Neither mistake as to the
3.31complainant's age nor consent to the act by the complainant is a defense; or
3.32(h) the actor has a significant relationship to the complainant, the complainant was
3.33under 16 years of age at the time of the sexual contact, and:
3.34(i) the actor or an accomplice used force or coercion to accomplish the contact;
3.35(ii) the complainant suffered personal injury; or
4.1(iii) the sexual abuse involved multiple acts committed over an extended period of
4.2time.
4.3Neither mistake as to the complainant's age nor consent to the act by the complainant
4.4is a defense.
4.5EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.6committed on or after that date.
4.7 Sec. 4. Minnesota Statutes 2010, section 609.344, subdivision 1, is amended to read:
4.8 Subdivision 1. Crime defined. A person who engages in sexual penetration with
4.9another person is guilty of criminal sexual conduct in the third degree if any of the
4.10following circumstances exists:
4.11 (a) the complainant is under 13 years of age and the actor is no more than 36 months
4.12older than the complainant. Neither mistake as to the complainant's age nor consent to the
4.13act by the complainant shall be a defense;
4.14 (b) the complainant is at least 13 but less than 16 years of age and the actor is more
4.15than 24 months older than the complainant. In any such case if the actor is no more
4.16than 120 months older than the complainant, it shall be an affirmative defense, which
4.17must be proved by a preponderance of the evidence, that the actor reasonably believes
4.18the complainant to be 16 years of age or older. In all other cases, mistake as to the
4.19complainant's age shall not be a defense. If the actor in such a case is no more than 48
4.20months but more than 24 months older than the complainant, the actor may be sentenced
4.21to imprisonment for not more than five years. Consent by the complainant is not a defense;
4.22 (c) the actor uses force or coercion to accomplish the penetration;
4.23 (d) the actor knows or has reason to know that the complainant is mentally impaired,
4.24mentally incapacitated, or physically helpless;
4.25 (e) the complainant is at least 16 but less than 18 years of age and the actor is more
4.26than 48 months older than the complainant and is or has within the 24 months immediately
4.27preceding the act been in a position of authority over the complainant. Neither mistake as
4.28to the complainant's age nor consent to the act by the complainant is a defense;
4.29 (f) the actor has a significant relationship to the complainant and the complainant
4.30was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
4.31mistake as to the complainant's age nor consent to the act by the complainant is a defense;
4.32 (g) the actor has a significant relationship to the complainant, the complainant was at
4.33least 16 but under 18 years of age at the time of the sexual penetration, and:
4.34 (i) the actor or an accomplice used force or coercion to accomplish the penetration;
4.35 (ii) the complainant suffered personal injury; or
5.1 (iii) the sexual abuse involved multiple acts committed over an extended period of
5.2time.
5.3 Neither mistake as to the complainant's age nor consent to the act by the complainant
5.4is a defense;
5.5 (h) the actor is a psychotherapist and the complainant is a patient of the
5.6psychotherapist and the sexual penetration occurred:
5.7 (i) during the psychotherapy session; or
5.8 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
5.9relationship exists.
5.10 Consent by the complainant is not a defense;
5.11 (i) the actor is a psychotherapist and the complainant is a former patient of the
5.12psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
5.13 (j) the actor is a psychotherapist and the complainant is a patient or former patient
5.14and the sexual penetration occurred by means of therapeutic deception. Consent by the
5.15complainant is not a defense;
5.16 (k) the actor accomplishes the sexual penetration by means of deception or false
5.17representation that the penetration is for a bona fide medical purpose. Consent by the
5.18complainant is not a defense;
5.19 (1) the actor is or purports to be a member of the clergy, the complainant is not
5.20married to the actor, and:
5.21 (i) the sexual penetration occurred during the course of a meeting in which the
5.22complainant sought or received religious or spiritual advice, aid, or comfort from the
5.23actor in private; or
5.24 (ii) the sexual penetration occurred during a period of time in which the complainant
5.25was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
5.26advice, aid, or comfort in private. Consent by the complainant is not a defense;
5.27 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
5.28city, or privately operated adult or juvenile correctional system, or secure treatment
5.29facility, or treatment facility providing services to clients civilly committed as mentally
5.30ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
5.31including, but not limited to, jails, prisons, detention centers, or work release facilities, and
5.32the complainant is a resident of a facility or under supervision of the correctional system.
5.33Consent by the complainant is not a defense;
5.34 (n) the actor provides or is an agent of an entity that provides special transportation
5.35service, the complainant used the special transportation service, and the sexual penetration
6.1occurred during or immediately before or after the actor transported the complainant.
6.2Consent by the complainant is not a defense; or
6.3 (o) the actor performs massage or other bodywork for hire, the complainant was a
6.4user of one of those services, and nonconsensual sexual penetration occurred during or
6.5immediately before or after the actor performed or was hired to perform one of those
6.6services for the complainant.
6.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
6.8committed on or after that date.
6.9 Sec. 5. Minnesota Statutes 2010, section 609.345, subdivision 1, is amended to read:
6.10 Subdivision 1. Crime defined. A person who engages in sexual contact with
6.11another person is guilty of criminal sexual conduct in the fourth degree if any of the
6.12following circumstances exists:
6.13 (a) the complainant is under 13 years of age and the actor is no more than 36 months
6.14older than the complainant. Neither mistake as to the complainant's age or consent to the
6.15act by the complainant is a defense. In a prosecution under this clause, the state is not
6.16required to prove that the sexual contact was coerced;
6.17 (b) the complainant is at least 13 but less than 16 years of age and the actor is more
6.18than 48 months older than the complainant or is or has within the 24 months immediately
6.19preceding the act been in a position of authority over the complainant. Consent by the
6.20complainant to the act is not a defense. In any such case, if the actor is no more than 120
6.21months older than the complainant, it shall be an affirmative defense which must be proved
6.22by a preponderance of the evidence that the actor reasonably believes the complainant
6.23to be 16 years of age or older. In all other cases, mistake as to the complainant's age
6.24shall not be a defense;
6.25 (c) the actor uses force or coercion to accomplish the sexual contact;
6.26 (d) the actor knows or has reason to know that the complainant is mentally impaired,
6.27mentally incapacitated, or physically helpless;
6.28 (e) the complainant is at least 16 but less than 18 years of age and the actor is more
6.29than 48 months older than the complainant and is or has within the 24 months immediately
6.30preceding the act been in a position of authority over the complainant. Neither mistake as
6.31to the complainant's age nor consent to the act by the complainant is a defense;
6.32 (f) the actor has a significant relationship to the complainant and the complainant
6.33was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
6.34as to the complainant's age nor consent to the act by the complainant is a defense;
7.1 (g) the actor has a significant relationship to the complainant, the complainant was at
7.2least 16 but under 18 years of age at the time of the sexual contact, and:
7.3 (i) the actor or an accomplice used force or coercion to accomplish the contact;
7.4 (ii) the complainant suffered personal injury; or
7.5 (iii) the sexual abuse involved multiple acts committed over an extended period of
7.6time.
7.7 Neither mistake as to the complainant's age nor consent to the act by the complainant
7.8is a defense;
7.9 (h) the actor is a psychotherapist and the complainant is a patient of the
7.10psychotherapist and the sexual contact occurred:
7.11 (i) during the psychotherapy session; or
7.12 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
7.13relationship exists. Consent by the complainant is not a defense;
7.14 (i) the actor is a psychotherapist and the complainant is a former patient of the
7.15psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
7.16 (j) the actor is a psychotherapist and the complainant is a patient or former patient
7.17and the sexual contact occurred by means of therapeutic deception. Consent by the
7.18complainant is not a defense;
7.19 (k) the actor accomplishes the sexual contact by means of deception or false
7.20representation that the contact is for a bona fide medical purpose. Consent by the
7.21complainant is not a defense;
7.22 (1) the actor is or purports to be a member of the clergy, the complainant is not
7.23married to the actor, and:
7.24 (i) the sexual contact occurred during the course of a meeting in which the
7.25complainant sought or received religious or spiritual advice, aid, or comfort from the
7.26actor in private; or
7.27 (ii) the sexual contact occurred during a period of time in which the complainant
7.28was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
7.29advice, aid, or comfort in private. Consent by the complainant is not a defense;
7.30 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
7.31city, or privately operated adult or juvenile correctional system, or secure treatment
7.32facility, or treatment facility providing services to clients civilly committed as mentally
7.33ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
7.34including, but not limited to, jails, prisons, detention centers, or work release facilities, and
7.35the complainant is a resident of a facility or under supervision of the correctional system.
7.36Consent by the complainant is not a defense;
8.1 (n) the actor provides or is an agent of an entity that provides special transportation
8.2service, the complainant used the special transportation service, the complainant is not
8.3married to the actor, and the sexual contact occurred during or immediately before or after
8.4the actor transported the complainant. Consent by the complainant is not a defense; or
8.5 (o) the actor performs massage or other bodywork for hire, the complainant was
8.6a user of one of those services, and nonconsensual sexual contact occurred during or
8.7immediately before or after the actor performed or was hired to perform one of those
8.8services for the complainant.
8.9EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.10committed on or after that date.
1.3considered to be in a position of authority over a victim for purposes of the
1.4criminal sexual conduct laws;amending Minnesota Statutes 2010, sections
1.5609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1;
1.6609.344, subdivision 1; 609.345, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 609.341, subdivision 10, is amended to
1.9read:
1.10 Subd. 10. Position of authority. "Position of authority" includes but is not limited
1.11to any person who is a parent or acting in the place of a parent and charged with any
1.12of a parent's rights, duties or responsibilities to a child, or a person who is charged
1.13with any duty or responsibility for the health, welfare, or supervision of a child, either
1.14independently or through another, no matter how brief, at the time of or within the 24
1.15months immediately preceding the act. For the purposes of subdivision 11, "position
1.16of authority" includes a psychotherapist.
1.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
1.18committed on or after that date.
1.19 Sec. 2. Minnesota Statutes 2010, section 609.342, subdivision 1, is amended to read:
1.20 Subdivision 1. Crime defined. A person who engages in sexual penetration with
1.21another person, or in sexual contact with a person under 13 years of age as defined in
1.22section
1.23first degree if any of the following circumstances exists:
2.1(a) the complainant is under 13 years of age and the actor is more than 36 months
2.2older than the complainant. Neither mistake as to the complainant's age nor consent to
2.3the act by the complainant is a defense;
2.4(b) the complainant is at least 13 years of age but less than 16 years of age and the
2.5actor is more than 48 months older than the complainant and is or has within the 24 months
2.6immediately preceding the act been in a position of authority over the complainant. Neither
2.7mistake as to the complainant's age nor consent to the act by the complainant is a defense;
2.8(c) circumstances existing at the time of the act cause the complainant to have a
2.9reasonable fear of imminent great bodily harm to the complainant or another;
2.10(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
2.11manner to lead the complainant to reasonably believe it to be a dangerous weapon and
2.12uses or threatens to use the weapon or article to cause the complainant to submit;
2.13(e) the actor causes personal injury to the complainant, and either of the following
2.14circumstances exist:
2.15(i) the actor uses force or coercion to accomplish sexual penetration; or
2.16(ii) the actor knows or has reason to know that the complainant is mentally impaired,
2.17mentally incapacitated, or physically helpless;
2.18(f) the actor is aided or abetted by one or more accomplices within the meaning of
2.19section
2.20(i) an accomplice uses force or coercion to cause the complainant to submit; or
2.21(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
2.22in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
2.23uses or threatens to use the weapon or article to cause the complainant to submit;
2.24(g) the actor has a significant relationship to the complainant and the complainant
2.25was under 16 years of age at the time of the sexual penetration. Neither mistake as to the
2.26complainant's age nor consent to the act by the complainant is a defense; or
2.27(h) the actor has a significant relationship to the complainant, the complainant was
2.28under 16 years of age at the time of the sexual penetration, and:
2.29(i) the actor or an accomplice used force or coercion to accomplish the penetration;
2.30(ii) the complainant suffered personal injury; or
2.31(iii) the sexual abuse involved multiple acts committed over an extended period of
2.32time.
2.33Neither mistake as to the complainant's age nor consent to the act by the complainant
2.34is a defense.
2.35EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.36committed on or after that date.
3.1 Sec. 3. Minnesota Statutes 2010, section 609.343, subdivision 1, is amended to read:
3.2 Subdivision 1. Crime defined. A person who engages in sexual contact with
3.3another person is guilty of criminal sexual conduct in the second degree if any of the
3.4following circumstances exists:
3.5(a) the complainant is under 13 years of age and the actor is more than 36 months
3.6older than the complainant. Neither mistake as to the complainant's age nor consent to the
3.7act by the complainant is a defense. In a prosecution under this clause, the state is not
3.8required to prove that the sexual contact was coerced;
3.9(b) the complainant is at least 13 but less than 16 years of age and the actor is more
3.10than 48 months older than the complainant and is or has within the 24 months immediately
3.11preceding the act been in a position of authority over the complainant. Neither mistake as
3.12to the complainant's age nor consent to the act by the complainant is a defense;
3.13(c) circumstances existing at the time of the act cause the complainant to have a
3.14reasonable fear of imminent great bodily harm to the complainant or another;
3.15(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
3.16manner to lead the complainant to reasonably believe it to be a dangerous weapon and
3.17uses or threatens to use the dangerous weapon to cause the complainant to submit;
3.18(e) the actor causes personal injury to the complainant, and either of the following
3.19circumstances exist:
3.20(i) the actor uses force or coercion to accomplish the sexual contact; or
3.21(ii) the actor knows or has reason to know that the complainant is mentally impaired,
3.22mentally incapacitated, or physically helpless;
3.23(f) the actor is aided or abetted by one or more accomplices within the meaning of
3.24section
3.25(i) an accomplice uses force or coercion to cause the complainant to submit; or
3.26(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
3.27in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
3.28uses or threatens to use the weapon or article to cause the complainant to submit;
3.29(g) the actor has a significant relationship to the complainant and the complainant
3.30was under 16 years of age at the time of the sexual contact. Neither mistake as to the
3.31complainant's age nor consent to the act by the complainant is a defense; or
3.32(h) the actor has a significant relationship to the complainant, the complainant was
3.33under 16 years of age at the time of the sexual contact, and:
3.34(i) the actor or an accomplice used force or coercion to accomplish the contact;
3.35(ii) the complainant suffered personal injury; or
4.1(iii) the sexual abuse involved multiple acts committed over an extended period of
4.2time.
4.3Neither mistake as to the complainant's age nor consent to the act by the complainant
4.4is a defense.
4.5EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.6committed on or after that date.
4.7 Sec. 4. Minnesota Statutes 2010, section 609.344, subdivision 1, is amended to read:
4.8 Subdivision 1. Crime defined. A person who engages in sexual penetration with
4.9another person is guilty of criminal sexual conduct in the third degree if any of the
4.10following circumstances exists:
4.11 (a) the complainant is under 13 years of age and the actor is no more than 36 months
4.12older than the complainant. Neither mistake as to the complainant's age nor consent to the
4.13act by the complainant shall be a defense;
4.14 (b) the complainant is at least 13 but less than 16 years of age and the actor is more
4.15than 24 months older than the complainant. In any such case if the actor is no more
4.16than 120 months older than the complainant, it shall be an affirmative defense, which
4.17must be proved by a preponderance of the evidence, that the actor reasonably believes
4.18the complainant to be 16 years of age or older. In all other cases, mistake as to the
4.19complainant's age shall not be a defense. If the actor in such a case is no more than 48
4.20months but more than 24 months older than the complainant, the actor may be sentenced
4.21to imprisonment for not more than five years. Consent by the complainant is not a defense;
4.22 (c) the actor uses force or coercion to accomplish the penetration;
4.23 (d) the actor knows or has reason to know that the complainant is mentally impaired,
4.24mentally incapacitated, or physically helpless;
4.25 (e) the complainant is at least 16 but less than 18 years of age and the actor is more
4.26than 48 months older than the complainant and is or has within the 24 months immediately
4.27preceding the act been in a position of authority over the complainant. Neither mistake as
4.28to the complainant's age nor consent to the act by the complainant is a defense;
4.29 (f) the actor has a significant relationship to the complainant and the complainant
4.30was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
4.31mistake as to the complainant's age nor consent to the act by the complainant is a defense;
4.32 (g) the actor has a significant relationship to the complainant, the complainant was at
4.33least 16 but under 18 years of age at the time of the sexual penetration, and:
4.34 (i) the actor or an accomplice used force or coercion to accomplish the penetration;
4.35 (ii) the complainant suffered personal injury; or
5.1 (iii) the sexual abuse involved multiple acts committed over an extended period of
5.2time.
5.3 Neither mistake as to the complainant's age nor consent to the act by the complainant
5.4is a defense;
5.5 (h) the actor is a psychotherapist and the complainant is a patient of the
5.6psychotherapist and the sexual penetration occurred:
5.7 (i) during the psychotherapy session; or
5.8 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
5.9relationship exists.
5.10 Consent by the complainant is not a defense;
5.11 (i) the actor is a psychotherapist and the complainant is a former patient of the
5.12psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
5.13 (j) the actor is a psychotherapist and the complainant is a patient or former patient
5.14and the sexual penetration occurred by means of therapeutic deception. Consent by the
5.15complainant is not a defense;
5.16 (k) the actor accomplishes the sexual penetration by means of deception or false
5.17representation that the penetration is for a bona fide medical purpose. Consent by the
5.18complainant is not a defense;
5.19 (1) the actor is or purports to be a member of the clergy, the complainant is not
5.20married to the actor, and:
5.21 (i) the sexual penetration occurred during the course of a meeting in which the
5.22complainant sought or received religious or spiritual advice, aid, or comfort from the
5.23actor in private; or
5.24 (ii) the sexual penetration occurred during a period of time in which the complainant
5.25was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
5.26advice, aid, or comfort in private. Consent by the complainant is not a defense;
5.27 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
5.28city, or privately operated adult or juvenile correctional system, or secure treatment
5.29facility, or treatment facility providing services to clients civilly committed as mentally
5.30ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
5.31including, but not limited to, jails, prisons, detention centers, or work release facilities, and
5.32the complainant is a resident of a facility or under supervision of the correctional system.
5.33Consent by the complainant is not a defense;
5.34 (n) the actor provides or is an agent of an entity that provides special transportation
5.35service, the complainant used the special transportation service, and the sexual penetration
6.1occurred during or immediately before or after the actor transported the complainant.
6.2Consent by the complainant is not a defense; or
6.3 (o) the actor performs massage or other bodywork for hire, the complainant was a
6.4user of one of those services, and nonconsensual sexual penetration occurred during or
6.5immediately before or after the actor performed or was hired to perform one of those
6.6services for the complainant.
6.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
6.8committed on or after that date.
6.9 Sec. 5. Minnesota Statutes 2010, section 609.345, subdivision 1, is amended to read:
6.10 Subdivision 1. Crime defined. A person who engages in sexual contact with
6.11another person is guilty of criminal sexual conduct in the fourth degree if any of the
6.12following circumstances exists:
6.13 (a) the complainant is under 13 years of age and the actor is no more than 36 months
6.14older than the complainant. Neither mistake as to the complainant's age or consent to the
6.15act by the complainant is a defense. In a prosecution under this clause, the state is not
6.16required to prove that the sexual contact was coerced;
6.17 (b) the complainant is at least 13 but less than 16 years of age and the actor is more
6.18than 48 months older than the complainant or is or has within the 24 months immediately
6.19preceding the act been in a position of authority over the complainant. Consent by the
6.20complainant to the act is not a defense. In any such case, if the actor is no more than 120
6.21months older than the complainant, it shall be an affirmative defense which must be proved
6.22by a preponderance of the evidence that the actor reasonably believes the complainant
6.23to be 16 years of age or older. In all other cases, mistake as to the complainant's age
6.24shall not be a defense;
6.25 (c) the actor uses force or coercion to accomplish the sexual contact;
6.26 (d) the actor knows or has reason to know that the complainant is mentally impaired,
6.27mentally incapacitated, or physically helpless;
6.28 (e) the complainant is at least 16 but less than 18 years of age and the actor is more
6.29than 48 months older than the complainant and is or has within the 24 months immediately
6.30preceding the act been in a position of authority over the complainant. Neither mistake as
6.31to the complainant's age nor consent to the act by the complainant is a defense;
6.32 (f) the actor has a significant relationship to the complainant and the complainant
6.33was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
6.34as to the complainant's age nor consent to the act by the complainant is a defense;
7.1 (g) the actor has a significant relationship to the complainant, the complainant was at
7.2least 16 but under 18 years of age at the time of the sexual contact, and:
7.3 (i) the actor or an accomplice used force or coercion to accomplish the contact;
7.4 (ii) the complainant suffered personal injury; or
7.5 (iii) the sexual abuse involved multiple acts committed over an extended period of
7.6time.
7.7 Neither mistake as to the complainant's age nor consent to the act by the complainant
7.8is a defense;
7.9 (h) the actor is a psychotherapist and the complainant is a patient of the
7.10psychotherapist and the sexual contact occurred:
7.11 (i) during the psychotherapy session; or
7.12 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
7.13relationship exists. Consent by the complainant is not a defense;
7.14 (i) the actor is a psychotherapist and the complainant is a former patient of the
7.15psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
7.16 (j) the actor is a psychotherapist and the complainant is a patient or former patient
7.17and the sexual contact occurred by means of therapeutic deception. Consent by the
7.18complainant is not a defense;
7.19 (k) the actor accomplishes the sexual contact by means of deception or false
7.20representation that the contact is for a bona fide medical purpose. Consent by the
7.21complainant is not a defense;
7.22 (1) the actor is or purports to be a member of the clergy, the complainant is not
7.23married to the actor, and:
7.24 (i) the sexual contact occurred during the course of a meeting in which the
7.25complainant sought or received religious or spiritual advice, aid, or comfort from the
7.26actor in private; or
7.27 (ii) the sexual contact occurred during a period of time in which the complainant
7.28was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
7.29advice, aid, or comfort in private. Consent by the complainant is not a defense;
7.30 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
7.31city, or privately operated adult or juvenile correctional system, or secure treatment
7.32facility, or treatment facility providing services to clients civilly committed as mentally
7.33ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
7.34including, but not limited to, jails, prisons, detention centers, or work release facilities, and
7.35the complainant is a resident of a facility or under supervision of the correctional system.
7.36Consent by the complainant is not a defense;
8.1 (n) the actor provides or is an agent of an entity that provides special transportation
8.2service, the complainant used the special transportation service, the complainant is not
8.3married to the actor, and the sexual contact occurred during or immediately before or after
8.4the actor transported the complainant. Consent by the complainant is not a defense; or
8.5 (o) the actor performs massage or other bodywork for hire, the complainant was
8.6a user of one of those services, and nonconsensual sexual contact occurred during or
8.7immediately before or after the actor performed or was hired to perform one of those
8.8services for the complainant.
8.9EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
8.10committed on or after that date.
