1.1 	A bill for an act
1.2 	relating to public safety; increasing penalties for certain child pornography 
1.3 	offenses; directing the sentencing guidelines commission to rank dissemination 
1.4 	and possession of child pornography on the offense severity reference table;
1.5 	amending Minnesota Statutes 2004, section 617.247, subdivisions 2, 3, 4.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 617.247, subdivision 2, is amended to read:
1.8 		Subd. 2.Definitions. For purposes of this section, the following terms have the 
1.9 	meanings given them:
1.10 	(a) "Pornographic work" has the meaning given to it in section  617.246. 
1.11 	(b) "Sexual conduct" has the meaning given to it in section  617.246. 
1.12 	(c) "Position of authority" means a paid or unpaid position that carries the duty 
1.13 	and responsibility of providing for the health, welfare, or supervision of a child who is 
1.14 	not related to the position holder.

1.15 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
1.16 	committed on or after that date.

1.17 	Sec. 2. Minnesota Statutes 2004, section 617.247, subdivision 3, is amended to read:
1.18 		Subd. 3.Dissemination prohibited. (a) A person who disseminates pornographic 
1.19 	work to an adult or a minor, knowing or with reason to know its content and character, is 
1.20 	guilty of a felony and may be sentenced to imprisonment for not more than seven years 
1.21 	and a fine of not more than $10,000 for a first offense and for not more than 15 years and a 
1.22 	fine of not more than $20,000 for a second or subsequent offense.
2.1 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced 
2.2 	to imprisonment for not more than 15 years if the violation occurs when the person is a 
2.3 	registered predatory offender under section  243.166. 
2.4 	(c) A person who violates paragraph (a) is guilty of a felony and must be sentenced 
2.5 	to imprisonment for not less than five years if the person is in a position of authority with 
2.6 	an organization and uses the resources of the organization to violate paragraph (a).

2.7 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
2.8 	committed on or after that date.

2.9 	Sec. 3. Minnesota Statutes 2004, section 617.247, subdivision 4, is amended to read:
2.10 		Subd. 4.Possession prohibited. (a) A person who possesses a pornographic work 
2.11 	or a computer disk or computer or other electronic, magnetic, or optical storage system 
2.12 	or a storage system of any other type, containing a pornographic work, knowing or with 
2.13 	reason to know its content and character, is guilty of a felony and may be sentenced to 
2.14 	imprisonment for not more than five years and a fine of not more than $5,000 for a first 
2.15 	offense and for not more than ten years and a fine of not more than $10,000 for a second 
2.16 	or subsequent offense.
2.17 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced 
2.18 	to imprisonment for not more than ten years if the violation occurs when the person is a 
2.19 	registered predatory offender under section  243.166. 
2.20 	(c) A person who violates paragraph (a) is guilty of a felony and must be sentenced 
2.21 	to imprisonment for not less than three years if the person is in a position of authority with 
2.22 	an organization and uses the resources of the organization to violate paragraph (a).

2.23 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
2.24 	committed on or after that date.

2.25 	Sec. 4. SENTENCING GUIDELINES MODIFICATION.
 2.26 	The Sentencing Guidelines Commission shall modify the sentencing guidelines by 
2.27 	ranking violations of Minnesota Statutes, sections 617.246 (manufacturing and distributing 
2.28 	child pornography) and 617.247, subdivision 3 (dissemination of child pornography), 
2.29 	in severity level IX of the offense severity reference table and ranking violations of 
2.30 	Minnesota Statutes, section 617.247, subdivision 4 (possession of child pornography), in 
2.31 	severity level VIII of the offense severity reference table.

2.32 	EFFECTIVE DATE. This section is effective July 1, 2006, and applies to offenders 
2.33 	sentenced on or after that date.