1.1 	A bill for an act
1.2 	relating to the military; modifying the Minnesota Code of Military Justice; making 
1.3 	changes to data provisions; modifying certain requirements and qualifications; 
1.4 	making jurisdictional and appellate changes; providing punitive article updates; 
1.5 	providing punishable offenses under the military code; providing penalties; 
1.6 	amending Minnesota Statutes 2020, sections 13.43, by adding a subdivision; 
1.7 	192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 
1.8 	2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, 
1.9 	subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 
1.10 	192A.62; 606.06; proposing coding for new law in Minnesota Statutes, chapters 
1.11 	13; 192A; repealing Minnesota Statutes 2020, section 192A.385.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	ARTICLE 1
1.14 	DATA ACCESS

1.15 	Section 1. Minnesota Statutes 2020, section 13.43, is amended by adding a subdivision 
1.16 	to read:
1.17 		Subd. 5b.Military personnel data. All personnel data maintained by the Department 
1.18 	of Military Affairs on military forces called to state active service is private data on 
1.19 	individuals. All records of paid or unpaid military leave on employees of a government 
1.20 	entity outside the Department of Military Affairs is private data on individuals.

1.21 	Sec. 2. [13.91] NATIONAL GUARD.
1.22 	In lieu of classifying, creating, collecting, retaining, and handling data as prescribed in 
1.23 	this chapter, the National Guard as defined in section 190.05, subdivision 4, is exempt from 
1.24 	the provisions of this chapter. Access to data of the National Guard is governed by applicable 
1.25 	federal regulations, including but not limited to the Freedom of Information Act, United 
2.1 	States Code, title 5, section 552, et seq., as amended, and the Privacy Act of 1974, United 
2.2 	States Code, title 5, section 552a, et seq., as amended, and United States Code, title 18, 
2.3 	section 1905. Upon receipt of data, the National Guard is required to protect against 
2.4 	unauthorized disclosure by classifying the data in accordance with federal executive orders, 
2.5 	laws, regulations, and rules.

2.6 	Sec. 3. Minnesota Statutes 2020, section 192.67, is amended to read:
2.7 	192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; SERVICE 
2.8 	MEMBER DATA.
2.9 		Subdivision 1.Transfer to civil authorities. When any ~~felony~~ criminal offense is 
2.10 	committed by any officer or enlisted member of the military forces while on duty status 
2.11 	other than ~~active state~~ federal duty, the officer or enlisted member shall be turned over by 
2.12 	superior officers to the proper civil authorities of the county or municipality in which the 
2.13 	offense occurred for punishment for such crime, but such trial and punishment by the civil 
2.14 	authorities shall not preclude trial and additional punishment or dismissal from the service 
2.15 	by court-martial for any military offense resulting from the commission of said crime.
2.16 		Subd. 2.Service member data. Notwithstanding any provision of chapter 13 or other 
2.17 	state law, all investigative reports and law enforcement data, including but not limited to 
2.18 	all data collected and defined under section 13.82 pertaining to any service member of the 
2.19 	military forces must be made accessible to the adjutant general of the Minnesota National 
2.20 	Guard upon request of the Office of the State Judge Advocate. All information, data, and 
2.21 	records obtained under this subdivision may be accessed, copied, transmitted, or provided 
2.22 	to the adjutant general without a court order or request from the subject of the data when 
2.23 	the matter involves any officer or enlisted member of the military forces. The adjutant 
2.24 	general may only use data made accessible under this subdivision in support of military 
2.25 	justice and Minnesota National Guard administrative and disciplinary actions.

2.26 	ARTICLE 2
2.27 	BAR ADMISSION; JUDICIAL QUALIFICATIONS

2.28 	Section 1. [192A.041] PRACTICE OF MILITARY LAW.
2.29 	Any commissioned officer of a United States state or territory military force who meets 
2.30 	the following qualifications may be accepted by the state judge advocate to conduct any 
2.31 	and all administrative or Minnesota Code of Military Justice activities under this code and 
2.32 	is exempt from section 481.02:
3.1 	(1) has served as a member of the Judge Advocate Generals Corps for not less than two 
3.2 	years;
3.3 	(2) is currently certified as competent for such duty by the Judge Advocate General of 
3.4 	the military force of which the individual is a member; and
3.5 	(3) is a member of good standing of the bar of the highest court of any state.

3.6 	Sec. 2. Minnesota Statutes 2020, section 192A.15, subdivision 1, is amended to read:
3.7 		Subdivision 1.Establishment. There is hereby established a military judge system for 
3.8 	the ~~state~~ military forces. The military judge system shall be in the Military Department 
3.9 	under the command of the adjutant general. It shall consist of at least two military judges, 
3.10 	a number of legal clerks equal to the number of judges and such additional military staff as 
3.11 	is necessary.

3.12 	Sec. 3. Minnesota Statutes 2020, section 192A.15, subdivision 2, is amended to read:
3.13 		Subd. 2.Qualifications of military judge. A military judge shall be a commissioned 
3.14 	officer of the state military forces who has been a member of the bar of ~~this~~ any state for at 
3.15 	least six years, who has served as a member of the Judge Advocate Generals Corps for not 
3.16 	less than three years, ~~and~~ who is certified to be qualified for such duty by the ~~state~~ Judge 
3.17 	Advocate General of the armed force of which the officer is a member, and who is accepted 
3.18 	by the state judge advocate to conduct any and all administrative or Minnesota Code of 
3.19 	Military Justice activities under this code.

3.20 	Sec. 4. Minnesota Statutes 2020, section 192A.155, subdivision 2, is amended to read:
3.21 		Subd. 2.Qualifications of counsel. Trial counsel or defense counsel detailed for a 
3.22 	general, special, or summary court-martial:
3.23 	(1) must be a person who is a member of the bar of the highest court of ~~the~~ any state, or 
3.24 	a member of the bar of a federal court; and
3.25 	(2) must be certified as competent to perform such duties by the ~~state~~ Judge Advocate
3.26 	General of the armed force of which the individual is a member.

4.1 	ARTICLE 3
4.2 	JURISDICTION CHANGES

4.3 	Section 1. Minnesota Statutes 2020, section 192A.02, subdivision 2, is amended to read:
4.4 		Subd. 2.Military service ~~in Minnesota~~. This code ~~also~~ applies ~~to all persons in the~~ 
4.5 	~~military while they are serving within this state and while they are under the command of~~ 
4.6 	~~a commissioned officer of the state military forces.~~ to a member of the military when the 
4.7 	member is in a status provided for by United States Code, title 32, a regulation adopted 
4.8 	pursuant to United States Code, title 32, or in state active service. This military service 
4.9 	includes:
4.10 	(1) travel to and from the inactive-duty training site of the member, pursuant to orders 
4.11 	or regulations;
4.12 	(2) intervals between consecutive periods of inactive-duty training on the same day, 
4.13 	pursuant to orders or regulations; and
4.14 	(3) intervals between inactive-duty training on consecutive days, pursuant to orders or 
4.15 	regulations.

4.16 	Sec. 2. Minnesota Statutes 2020, section 192A.384, is amended to read:
4.17 	192A.384 OFFENSES SUBJECT TO COURT-MARTIAL.
4.18 	The jurisdiction of courts-martial ~~shall be~~ under this code is limited to violations of the 
4.19 	punitive articles ~~in this code~~ prescribed by the manual for courts-martial of the United States, 
4.20 	assimilated under any Minnesota state law as referenced under section 192A.605, or by the 
4.21 	Minnesota Code of Military Justice. Any person subject to this code who is charged with 
4.22 	the commission of an offense which is not an offense under this code or the manual for 
4.23 	courts-martial of the United States may be surrendered to civil authorities for process in 
4.24 	accordance with civil law.

4.25 	ARTICLE 4
4.26 	TRIAL PROCEDURE

4.27 	Section 1. Minnesota Statutes 2020, section 192A.20, is amended to read:
4.28 	192A.20 GOVERNOR MAY PRESCRIBE RULES.
4.29 	The procedure, including modes of proof, in cases before military courts and other 
4.30 	military tribunals organized under this code may be prescribed by the governor or the 
4.31 	adjutant general by rules, which shall, so far as the governor or the adjutant general considers 
5.1 	practicable, apply the principles of law and the rules of evidence generally recognized in 
5.2 	the ~~trial of criminal cases in the courts of the state~~ manual for courts-martial of the United 
5.3 	States, but which may not be contrary to or inconsistent with this code.

5.4 	Sec. 2. Minnesota Statutes 2020, section 192A.235, subdivision 3, is amended to read:
5.5 		Subd. 3.Three-year limitation. Except as otherwise provided in subdivision 1, and 
5.6 	section 628.26, a person charged with any offense is not liable to be tried by court-martial 
5.7 	or punished under section 192A.0851 if the offense was committed more than three years 
5.8 	before the receipt of sworn charges and specifications by an officer exercising court-martial 
5.9 	jurisdiction over the command or before the imposition of punishment under section 
5.10 	192A.0851. The limitation for violations of any offense prescribed under this section shall 
5.11 	be the lesser of the limitation prescribed by the manual for courts-martial of the United 
5.12 	States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance 
5.13 	shall any limitation exceed that authorized by this code.

5.14 	ARTICLE 5
5.15 	SENTENCES

5.16 	Section 1. Minnesota Statutes 2020, section 192A.343, subdivision 3, is amended to read:
5.17 		Subd. 3.Action on findings. (a) The authority under this section to modify the findings 
5.18 	and sentence of a court-martial is a matter of command prerogative involving the sole 
5.19 	discretion of the convening authority. If it is impractical for the convening authority to act, 
5.20 	the convening authority shall forward the case to a person exercising general court-martial 
5.21 	jurisdiction who may take action under this section.
5.22 	(b) Action on the sentence of a court-martial shall be taken by the convening authority. 
5.23 	The action may be taken only after the consideration of any matters submitted by the accused 
5.24 	under subdivision 2 or after the time for submitting the matter expires, whichever is earlier. 
5.25 	The convening authority, in that person's sole discretion, may approve, disapprove, commute, 
5.26 	or suspend the sentence in whole or in part.
5.27 	(c) Action on the findings of a court-martial by the convening authority or other person 
5.28 	acting on the sentence is not required. However, such person, in the person's sole discretion, 
5.29 	may:
5.30 	(1) dismiss any charge or specification by setting aside a finding of guilty; or
5.31 	(2) change a finding of guilty to a charge or specification to a finding of guilty to an 
5.32 	offense that is a lesser included offense of the offense stated in the charge or specification.
6.1 	(d) The convening authority or other person acting under this section shall issue a final 
6.2 	order at the conclusion of the court-martial proceeding, including any proceeding in revision, 
6.3 	rehearing, and reconsideration under subdivision 5. The final order shall be promptly served 
6.4 	on the accused.

6.5 	Sec. 2. Minnesota Statutes 2020, section 192A.353, subdivision 2, is amended to read:
6.6 		Subd. 2.Appeal forwarded. An appeal under this section shall ~~be forwarded to the~~ 
6.7 	~~court~~ proceed as prescribed in section 192A.371. In ruling on an appeal under this section, 
6.8 	that court may act only with respect to matters of law.

6.9 	Sec. 3. Minnesota Statutes 2020, section 192A.371, is amended to read:
6.10 	192A.371 REVIEW BY STATE APPELLATE AUTHORITY.
6.11 		Subdivision 1.Certiorari. ~~Decisions of a special or general courts-martial may be~~ 
6.12 	~~appealed to the Minnesota Court of Appeals according to the Minnesota Rules of Criminal~~ 
6.13 	~~and Appellate Procedure.~~ (a) A review of any final order of a special or general court-martial 
6.14 	proceeding may be had upon certiorari by the supreme court upon petition of any party to 
6.15 	the proceeding. The review may be had on the ground that: (1) the court-martial was without 
6.16 	jurisdiction, or (2) the findings of the court-martial and the final order of the convening 
6.17 	authority: (i) were not justified by the evidence; (ii) were not in conformity with this code, 
6.18 	military law or other law applicable to the proceedings, or the Classified Information 
6.19 	Procedures Act; or (iii) were affected by any other error of law.
6.20 	(b) A writ of certiorari for review under this section is a matter of right.
6.21 		Subd. 2.Service of writ. (a) Within 60 days after notice of the final order of a 
6.22 	court-martial proceeding, the petitioner for review shall obtain from the supreme court a 
6.23 	writ of certiorari, shall serve the same upon all other parties appearing in the court-martial 
6.24 	proceeding, and shall file the original writ of certiorari and proof of service with the court 
6.25 	administrator of the court-martial. No fee or bond is required for either obtaining a writ of 
6.26 	certiorari or the associated filings required under this paragraph.
6.27 	(b) Return upon the writ shall be made to the supreme court and the matter shall be heard 
6.28 	and determined by the court in accordance with the rules of civil appellate procedure 
6.29 	applicable to decisions reviewable by certiorari directly in the supreme court.

7.1 	Sec. 4. Minnesota Statutes 2020, section 606.06, is amended to read:
7.2 	606.06 CERTIORARI~~; ADMINISTRATIVE DECISIONS~~.
7.3 	A writ of certiorari for review of an administrative decision pursuant to chapter 14 or 
7.4 	of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to 
7.5 	this code is a matter of right.

7.6 	ARTICLE 6
7.7 	PUNITIVE ARTICLES UPDATES

7.8 	Section 1. Minnesota Statutes 2020, section 192A.021, is amended to read:
7.9 	192A.021 PURELY MILITARY OFFENSES.
7.10 	(a) Purely military offenses include the offenses contained in the following sections: 
7.11 	192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41
7.12 	(Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or 
7.13 	separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43
7.14 	(Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445
7.15 	(Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer), 
7.16 	192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46
7.17 	(Insubordinate conduct toward warrant officer or noncommissioned officer), 192A.465
7.18 	(Failure to obey order or rule), 192A.47 (Cruelty and maltreatment), 192A.475 (Mutiny or 
7.19 	sedition), 192A.48 (Resistance, breach of arrest, and escape), 192A.495 (Noncompliance 
7.20 	with procedural rules), 192A.50 (Misbehavior before the enemy), 192A.51 (Improper use 
7.21 	of countersign), 192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54
7.22 	(Military property; loss, damage, destruction, or wrongful disposition), 192A.55 (Improper 
7.23 	hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post before relief), 
7.24 	192A.566 (Illegal presence of controlled substance while in duty status), 192A.57
7.25 	(Malingering), 192A.60 (Conduct unbecoming an officer), ~~and~~192A.605 (General article), 
7.26 	192A.70 (Prohibited activities with military recruit or trainee by person in a position of 
7.27 	special trust), 192A.701 (Nonconsensual distribution of intimate images), 192A.703 
7.28 	(Unauthorized use of government computer), and 192A.704 (Retaliation).
7.29 	(b) Upon request of the governor or the adjutant general, the superintendent of the Bureau 
7.30 	of Criminal Apprehension shall investigate military offenses or any other act or omission 
7.31 	under this code within the jurisdiction of the military courts and tribunals.

8.1 	Sec. 2. Minnesota Statutes 2020, section 192A.111, is amended to read:
8.2 	192A.111 MAXIMUM LIMITS.
8.3 		Subdivision 1.Punishment limits. The punishment ~~that a court-martial may direct for~~ 
8.4 	~~an offense may not exceed limits prescribed by this code.~~ for a violation of this code is 
8.5 	limited to the lesser of the sentence prescribed by the manual for courts-martial of the United 
8.6 	States in effect at the time of the offense or the state manual for courts-martial, but in no 
8.7 	instance shall any punishment exceed that authorized by this code. A court-martial sentence 
8.8 	must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of 
8.9 	death.
8.10 		Subd. 2.Level of offense. (a) ~~Subject to paragraphs (b) and (c),~~A conviction by general 
8.11 	court-martial of any military offense for which an accused may receive a sentence of 
8.12 	confinement for more than one year is a felony offense. All other military offenses are 
8.13 	misdemeanors~~, and a sentence of confinement must not exceed 90 days~~.
8.14 	(b) In cases where the civilian authorities decline to prosecute and court-martial 
8.15 	jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level 
8.16 	of offense and punishment that a court-martial is authorized is defined by the level of offense 
8.17 	and punishments authorized under ~~the statute~~ any Minnesota state law or the manual for 
8.18 	courts-martial of the United States for the assimilated crime.
8.19 	(c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary 
8.20 	loss of less than $1,000 ~~or more~~, confinement ~~must not exceed ten years. A sentence of~~ 
8.21 	~~confinement for more than one year is a felony offense~~ shall be limited to that prescribed 
8.22 	by a special court-martial.
8.23 	(d) Any conviction by a summary courts-martial is not a criminal conviction.
8.24 	~~(e) The limits of punishment for violations of the purely military offenses prescribed~~ 
8.25 	~~under this section shall be the lesser of the sentences prescribed by the manual for~~ 
8.26 	~~courts-martial of the United States, and the state manual for courts-martial, but in no instance~~ 
8.27 	~~shall any punishment exceed that authorized by this code.~~

9.1 	Sec. 3. Minnesota Statutes 2020, section 192A.56, is amended to read:
9.2 	192A.56 UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED 
9.3 	SUBSTANCE WHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE 
9.4 	RELIEF.
9.5 	Any person subject to this code who is found to be under the influence of alcohol or a 
9.6 	controlled substance as defined in section 192A.566 without a valid medical prescription 
9.7 	while on duty or sleeping upon an assigned post, or who leaves that post before being 
9.8 	regularly relieved, shall be punished as a court-martial may direct.

9.9 	Sec. 4. Minnesota Statutes 2020, section 192A.612, is amended to read:
9.10 	192A.612 SEARCH WARRANTS.
9.11 	~~During any period of active service under section 190.05, subdivision 5a or 5b,~~ A military 
9.12 	judge is authorized to issue search warrants, directed to a member of the military police of 
9.13 	the state military forces or any peace officer defined under section 626.05, to search any 
9.14 	person, place, ~~or vehicle within the confines of the property or premises being used for such~~ 
9.15 	~~active service or any person or vehicle pursued therefrom~~ item or property when there is 
9.16 	probable cause that a member of the state military forces has committed an offense subject 
9.17 	to either concurrent or exclusive military jurisdiction during a period of active service as 
9.18 	defined in section 190.05, subdivisions 5a and 5b, and seize items in accordance with law. 
9.19 	No search warrant shall be issued except upon probable cause, supported by affidavit or 
9.20 	sworn testimony naming and describing the person and particularly describing the property 
9.21 	or thing to be seized and particularly describing the place to be searched.

9.22 	Sec. 5. Minnesota Statutes 2020, section 192A.62, is amended to read:
9.23 	192A.62 SECTIONS TO BE EXPLAINED.
9.24 	Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.0851, 
9.25 	192A.155, 192A.205, ~~192A.385~~ 192A.39 to 192A.595, and 192A.62 to 192A.63 shall be 
9.26 	carefully explained to every enlisted member at the time of the member's enlistment or 
9.27 	transfer or induction into, or at the time of the member's order to duty in or with any of the 
9.28 	state military forces or within 30 days thereafter. They shall also be explained annually to 
9.29 	each unit of the state military forces. A complete text of this code and of the rules prescribed 
9.30 	by the governor thereunder shall be made available to any member of the state military 
9.31 	forces, upon the member's request, for personal examination. Failure to provide briefings 
9.32 	to soldiers or otherwise explain this code to soldiers shall not be a defense to a court-martial 
9.33 	proceeding, except as mitigation in sentencing.

10.1 	Sec. 6. [192A.70] PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR 
10.2 	TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.
10.3 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
10.4 	subdivision have the meanings given them.
10.5 	(1) "Applicant for military service" means a person who, under regulations prescribed 
10.6 	by the secretary concerned, the Minnesota National Guard authority, or designee concerned, 
10.7 	is an applicant for original enlistment or appointment in the armed forces.
10.8 	(2) "Military recruiter" means a person who, under regulations prescribed by the secretary 
10.9 	concerned, has the primary duty to recruit persons for military service.
10.10 	(3) "Prohibited sexual activity" means, as specified in regulations prescribed by the 
10.11 	secretary concerned, the Minnesota National Guard authority, or designee concerned, 
10.12 	inappropriate physical intimacy under circumstances described in such regulations.
10.13 	(4) "Specially protected junior member of the armed forces" means:
10.14 	(i) a member of the armed forces who is assigned to, or is awaiting assignment to, basic 
10.15 	training or other initial active duty for training, including a member who is enlisted under 
10.16 	a delayed entry program;
10.17 	(ii) a member of the armed forces who is a cadet, an officer candidate, or a student in 
10.18 	any other officer qualification program; and
10.19 	(iii) a member of the armed forces in any program that, by regulation prescribed by the 
10.20 	secretary concerned or a Minnesota National Guard authority, or designee concerned, is 
10.21 	identified as a training program for initial career qualification.
10.22 	(5) "Training leadership position" means, with respect to a specially protected junior 
10.23 	member of the armed forces, any of the following:
10.24 	(i) any drill instructor position or other leadership position in a basic training program, 
10.25 	an officer candidate school, a reserve officers' training corps unit, a training program for 
10.26 	entry into the armed forces, or any program that, by regulation prescribed by the secretary 
10.27 	concerned, is identified as a training program for initial career qualification; and
10.28 	(ii) faculty and staff of the United States Military Academy, the United States Naval 
10.29 	Academy, the United States Air Force Academy, the United States Coast Guard Academy, 
10.30 	and the Minnesota National Guard Regional Training Institute.
10.31 		Subd. 2.Abuse of training leadership position. Any person subject to this code:
10.32 	(1) who is an officer or a noncommissioned officer;
11.1 	(2) who is in a training leadership position with respect to a specially protected junior 
11.2 	member of the armed forces; and
11.3 	(3) who engages in prohibited sexual activity with the specially protected junior member 
11.4 	of the armed forces;
11.5 	shall be punished as a court-martial may direct.
11.6 		Subd. 3.Abuse of position as military recruiter. Any person subject to this code:
11.7 	(1) who is a military recruiter and engages in prohibited sexual activity with an applicant 
11.8 	for military service; or
11.9 	(2) who is a military recruiter and engages in prohibited sexual activity with a specially 
11.10 	protected junior member of the armed forces who is enlisted under a delayed entry program;
11.11 	shall be punished as a court-martial may direct.
11.12 		Subd. 4.Consent. Consent is not a defense for any conduct at issue in a prosecution 
11.13 	under this section.

11.14 	Sec. 7. [192A.701] NONCONSENSUAL DISTRIBUTION OF INTIMATE IMAGES.
11.15 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
11.16 	subdivision have the meanings given them.
11.17 	(1) "Broadcast" means to electronically transmit a visual image with the intent that it be 
11.18 	viewed by a person or persons.
11.19 	(2) "Distribute" means to deliver to the actual or constructive possession of another 
11.20 	person, including transmission by mail or electronic means.
11.21 	(3) "Intimate visual image" means a visual image that depicts a private area of a person.
11.22 	(4) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female 
11.23 	areola or nipple.
11.24 	(5) "Reasonable expectation of privacy" means circumstances in which a reasonable 
11.25 	person would believe that a private area of the person, or sexually explicit conduct involving 
11.26 	the person, would not be visible to the public.
11.27 	(6) "Sexually explicit conduct" means actual or simulated genital-genital contact, 
11.28 	oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of 
11.29 	the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.
11.30 	(7) "Visual image" means:
12.1 	(i) any developed or undeveloped photograph, picture, film, or video;
12.2 	(ii) any digital or computer image, picture, film, or video made by any means or 
12.3 	transmitted by any means, including streaming media, even if not stored in a permanent 
12.4 	format; or
12.5 	(iii) any digital or electronic data capable of conversion into a visual image.
12.6 		Subd. 2.Crime defined. Any person subject to this code:
12.7 	(1) who knowingly and wrongfully broadcasts or distributes an intimate visual image 
12.8 	of another person or a visual image of sexually explicit conduct involving a person who:
12.9 	(i) is at least 18 years of age at the time the intimate visual image or visual image of 
12.10 	sexually explicit conduct was created;
12.11 	(ii) is identifiable from the intimate visual image or visual image of sexually explicit 
12.12 	conduct itself, or from information displayed in connection with the intimate visual image 
12.13 	or visual image of sexually explicit conduct; and
12.14 	(iii) does not explicitly consent to the broadcast or distribution of the intimate visual 
12.15 	image or visual image of sexually explicit conduct;
12.16 	(2) who knows that the intimate visual image or visual image of sexually explicit conduct 
12.17 	was made under circumstances in which the person depicted in the intimate visual image 
12.18 	or visual image of sexually explicit conduct retained a reasonable expectation of privacy 
12.19 	regarding any broadcast or distribution of the intimate visual image or visual image of 
12.20 	sexually explicit conduct;
12.21 	(3) who possesses the intent to broadcast or distribute an intimate visual image or visual 
12.22 	image of sexually explicit conduct:
12.23 	(i) to cause harm, harassment, intimidation, emotional distress, or financial loss for the 
12.24 	person depicted in the intimate visual image or visual image of sexually explicit conduct; 
12.25 	or
12.26 	(ii) to harm substantially the depicted person with respect to that person's health, safety, 
12.27 	business, calling, career, financial condition, reputation, or personal relationships; and
12.28 	(4) whose conduct, under the circumstances, had a reasonably direct and palpable 
12.29 	connection to a military mission or military environment;
12.30 	is guilty of wrongful distribution of intimate visual images or visual images of sexually 
12.31 	explicit conduct and shall be punished as a court-martial may direct.

13.1 	Sec. 8. [192A.702] FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, 
13.2 	AND OTHER ACCESS DEVICES.
13.3 		Subdivision 1.Crime defined. Any person subject to this code who knowingly, with 
13.4 	intent to defraud, uses:
13.5 	(1) a stolen credit card, debit card, or other access device;
13.6 	(2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access 
13.7 	device; or
13.8 	(3) a credit card, debit card, or other access device without the authorization of a person 
13.9 	whose authorization was required for use, including a government purchase card or 
13.10 	government travel card without conforming to the published federal or Minnesota National 
13.11 	Guard procedures at the time of use;
13.12 	to obtain money, property, services, or anything else of value shall be punished as a 
13.13 	court-martial may direct.
13.14 		Subd. 2.Access device defined. As used in this section, "access device" has the meaning 
13.15 	given in United States Code, title 18, section 1029.

13.16 	Sec. 9. [192A.703] UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
13.17 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
13.18 	subdivision have the meanings given them.
13.19 	(1) "Computer" has the meaning given in United States Code, title 18, section 1030.
13.20 	(2) "Damage" has the meaning given in United States Code, title 18, section 1030.
13.21 	(3) "Government computer" means a computer owned or operated by or on behalf of 
13.22 	the United States government or the state of Minnesota.
13.23 		Subd. 2.Crime defined. Any person subject to this code who:
13.24 	(1) knowingly accesses a government computer with an unauthorized purpose and by 
13.25 	doing so obtains classified information, with reason to believe the information could be 
13.26 	used to the injury of the United States or the state of Minnesota or to the advantage of any 
13.27 	foreign nation, and intentionally communicates, delivers, or transmits or causes to be 
13.28 	communicated, delivered, or transmitted the information to any person not entitled to receive 
13.29 	it;
14.1 	(2) intentionally accesses a government computer with an unauthorized purpose and 
14.2 	thereby obtains classified or other protected information from any government computer; 
14.3 	or
14.4 	(3) knowingly causes the transmission of a program, information, code, or command, 
14.5 	and as a result intentionally causes damage without authorization to a government computer;
14.6 	shall be punished as a court-martial may direct.

14.7 	Sec. 10. [192A.704] RETALIATION.
14.8 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
14.9 	subdivision have the meanings given them.
14.10 	(1) "Covered individual or organization" means any recipient of a communication 
14.11 	specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
14.12 	(2) "Inspector general" has the meaning given in United States Code, title 10, section 
14.13 	1034(j).
14.14 	(3) "Protected communication" means:
14.15 	(i) a lawful communication to a member of Congress, a state legislator, or an inspector 
14.16 	general; and
14.17 	(ii) a communication to a covered individual or organization, to include the Office of 
14.18 	the Governor, in which a member of the armed forces complains of, or discloses information 
14.19 	that the member reasonably believes constitutes evidence of any of the following:
14.20 	(A) a violation of law or regulation, including a law or regulation prohibiting sexual 
14.21 	harassment or unlawful discrimination; or
14.22 	(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial 
14.23 	and specific danger to public health or safety.
14.24 		Subd. 2.Crimes defined. Any person subject to this code who, with the intent to retaliate 
14.25 	against any person for reporting or planning to report a criminal offense, or making or 
14.26 	planning to make a protected communication, or with the intent to discourage any person 
14.27 	from reporting a criminal offense or making or planning to make a protected communication:
14.28 	(1) wrongfully takes or threatens to take an adverse personnel action against any person; 
14.29 	or
14.30 	(2) wrongfully withholds or threatens to withhold a favorable personnel action with 
14.31 	respect to any person;
15.1 	shall be punished as a court-martial may direct.

15.2 	Sec. 11. REPEALER.
 15.3 	Minnesota Statutes 2020, section 192A.385, is repealed.

APPENDIX 

Repealed Minnesota Statutes: 21-00075 

192A.385 PERSONS TO BE TRIED OR PUNISHED.Subdivision 1.Duty status required. 
No person may be tried or punished for any offense provided for in sections 192A.39 to 192A.605 unless it was committed while that person was in a duty status as a member of the state military forces not in federal active service. 

Subd. 2.Determination. 
Duty status may extend to any soldier while acting in the line of duty or during any consecutive duty periods. Consecutive duty periods run from the time the soldier is required to be at the assigned duty station until the soldier is dismissed from duty. Duty status may be determined by weighing factors including, but not limited to, whether the soldier: 

(1) is in uniform; 

(2) is attending a unit endorsed event; 

(3) is drilling in excess of 50 miles from the soldier's normal duty station; 

(4) is involved in an activity which is service-connected; 

(5) has been released versus dismissed from duty; and 

(6) is staying at lodging provided by the military or at military expense.