1.2relating to public safety; expanding criminal sexual conduct offenses for persons
1.3in current or recent positions of authority over juveniles;amending Minnesota
1.4Statutes 2012, sections 609.341, subdivision 10; 609.342, subdivision 1; 609.343,
1.5subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 609.341, subdivision 10, is amended to read:
1.8    Subd. 10. Current or recent position of authority. "Current or recent position of
1.9authority" includes but is not limited to any person who is a parent or acting in the place
1.10of a parent and charged with any of a parent's rights, duties or responsibilities to a child,
1.11or a person who is charged with any duty or responsibility for the health, welfare, or
1.12supervision of a child, either independently or through another, no matter how brief, at
1.13the time of or within the 24 months immediately preceding the act. For the purposes of
1.14subdivision 11, "position of authority" includes a psychotherapist.
1.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.16committed on or after that date.

1.17    Sec. 2. Minnesota Statutes 2012, section 609.342, subdivision 1, is amended to read:
1.18    Subdivision 1. Crime defined. A person who engages in sexual penetration with
1.19another person, or in sexual contact with a person under 13 years of age as defined in
1.20section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the
1.21first 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 in a current or recent position
2.6of authority over the complainant. Neither mistake as to the complainant's age nor consent
2.7to 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 609.05, 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, 2013, and applies to crimes
2.36committed on or after that date.

3.1    Sec. 3. Minnesota Statutes 2012, 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 in a current or recent position of authority
3.11over the complainant. Neither mistake as to the complainant's age nor consent to the act
3.12by 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 609.05, 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, 2013, and applies to crimes
4.6committed on or after that date.

4.7    Sec. 4. Minnesota Statutes 2012, 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 in a current or recent position of authority
4.27over the complainant. Neither mistake as to the complainant's age nor consent to the act
4.28by 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; or
6.7(p) the actor is, at the time of the act, or has been within the 24 months immediately
6.8preceding the act:
6.9(1) an employee, volunteer, or contractual service provider of the public or private
6.10primary or secondary school (prekindergarten through grade 12);
6.11(2) because of the actor's employment, volunteer, or contractual status, the actor has
6.12access to the complainant;
6.13(3) the complainant is at least 13 years of age but less than 18 years of age; and
6.14    (4) the actor is more than 48 months older than the complainant.
6.15Neither mistake as to the complainant's age nor consent to the act by the complainant is a
6.16defense.
6.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.18committed on or after that date.

6.19    Sec. 5. Minnesota Statutes 2012, section 609.345, subdivision 1, is amended to read:
6.20    Subdivision 1. Crime defined. A person who engages in sexual contact with
6.21another person is guilty of criminal sexual conduct in the fourth degree if any of the
6.22following circumstances exists:
6.23    (a) the complainant is under 13 years of age and the actor is no more than 36 months
6.24older than the complainant. Neither mistake as to the complainant's age or consent to the
6.25act by the complainant is a defense. In a prosecution under this clause, the state is not
6.26required to prove that the sexual contact was coerced;
6.27    (b) the complainant is at least 13 but less than 16 years of age and the actor is more
6.28than 48 months older than the complainant or in a current or recent position of authority
6.29over the complainant. Consent by the complainant to the act is not a defense. In any such
6.30case, if the actor is no more than 120 months older than the complainant, it shall be an
6.31affirmative defense which must be proved by a preponderance of the evidence that the
6.32actor reasonably believes the complainant to be 16 years of age or older. In all other cases,
6.33mistake as to the complainant's age shall not be a defense;
6.34    (c) the actor uses force or coercion to accomplish the sexual contact;
7.1    (d) the actor knows or has reason to know that the complainant is mentally impaired,
7.2mentally incapacitated, or physically helpless;
7.3    (e) the complainant is at least 16 but less than 18 years of age and the actor is more
7.4than 48 months older than the complainant and in a current or recent position of authority
7.5over the complainant. Neither mistake as to the complainant's age nor consent to the act
7.6by the complainant is a defense;
7.7    (f) the actor has a significant relationship to the complainant and the complainant
7.8was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
7.9as to the complainant's age nor consent to the act by the complainant is a defense;
7.10    (g) the actor has a significant relationship to the complainant, the complainant was at
7.11least 16 but under 18 years of age at the time of the sexual contact, and:
7.12    (i) the actor or an accomplice used force or coercion to accomplish the contact;
7.13    (ii) the complainant suffered personal injury; or
7.14    (iii) the sexual abuse involved multiple acts committed over an extended period of
7.15time.
7.16    Neither mistake as to the complainant's age nor consent to the act by the complainant
7.17is a defense;
7.18    (h) the actor is a psychotherapist and the complainant is a patient of the
7.19psychotherapist and the sexual contact occurred:
7.20    (i) during the psychotherapy session; or
7.21    (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
7.22relationship exists. Consent by the complainant is not a defense;
7.23    (i) the actor is a psychotherapist and the complainant is a former patient of the
7.24psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
7.25    (j) the actor is a psychotherapist and the complainant is a patient or former patient
7.26and the sexual contact occurred by means of therapeutic deception. Consent by the
7.27complainant is not a defense;
7.28    (k) the actor accomplishes the sexual contact by means of deception or false
7.29representation that the contact is for a bona fide medical purpose. Consent by the
7.30complainant is not a defense;
7.31    (1) the actor is or purports to be a member of the clergy, the complainant is not
7.32married to the actor, and:
7.33    (i) the sexual contact occurred during the course of a meeting in which the
7.34complainant sought or received religious or spiritual advice, aid, or comfort from the
7.35actor in private; or
8.1    (ii) the sexual contact occurred during a period of time in which the complainant
8.2was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
8.3advice, aid, or comfort in private. Consent by the complainant is not a defense;
8.4    (m) the actor is an employee, independent contractor, or volunteer of a state, county,
8.5city, or privately operated adult or juvenile correctional system, or secure treatment
8.6facility, or treatment facility providing services to clients civilly committed as mentally
8.7ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities,
8.8including, but not limited to, jails, prisons, detention centers, or work release facilities, and
8.9the complainant is a resident of a facility or under supervision of the correctional system.
8.10Consent by the complainant is not a defense;
8.11    (n) the actor provides or is an agent of an entity that provides special transportation
8.12service, the complainant used the special transportation service, the complainant is not
8.13married to the actor, and the sexual contact occurred during or immediately before or after
8.14the actor transported the complainant. Consent by the complainant is not a defense; or
8.15    (o) the actor performs massage or other bodywork for hire, the complainant was
8.16a user of one of those services, and nonconsensual sexual contact occurred during or
8.17immediately before or after the actor performed or was hired to perform one of those
8.18services for the complainant; or
8.19    (p) the actor is, at the time of the act, or has been within the 24 months immediately
8.20preceding the act:
8.21    (1) an employee, volunteer, or contractual service provider of the public or private
8.22primary or secondary school (prekindergarten through grade 12);
8.23    (2) because of the actor's employment, volunteer, or contractual status the actor has
8.24access to the complainant;
8.25    (3) the complainant is at least 13 years of age but less than 18 years of age; and
8.26    (4) the actor is more than 48 months older than the complainant.
8.27Neither mistake as to the complainant's age nor consent to the act by the complainant is a
8.28defense.
8.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
8.30committed on or after that date.