1.1 	A bill for an act
1.2 	relating to public safety; amending certain criminal sexual conduct definitions; 
1.3 	expanding criminal sexual conduct offenses for persons in current or recent 
1.4 	positions of authority over juveniles; eliminating some affirmative defenses to 
1.5 	certain criminal sexual conduct charges; removing the statute of limitations for 
1.6 	felony criminal sexual conduct offenses;amending Minnesota Statutes 2018, 
1.7 	sections 609.341, subdivisions 4, 7, 10; 609.342, subdivision 1; 609.343, 
1.8 	subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 628.26.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. TITLE.
 1.11 	This act shall be known as "Hannah's Law."

1.12 	Sec. 2. Minnesota Statutes 2018, section 609.341, subdivision 4, is amended to read:
1.13 		Subd. 4.Consent. (a) "Consent" means words or overt actions by a person indicating a 
1.14 	knowingly and freely given present agreement to perform a particular sexual act with the 
1.15 	actor. Consent does not mean the existence of a prior or current social relationship between 
1.16 	the actor and the complainant or that the complainant failed to resist a particular sexual act.
1.17 	(b) A person who is mentally incapacitated or physically helpless as defined by this 
1.18 	section cannot consent to a sexual act.
1.19 	(c) Corroboration of the victim's testimony is not required to show lack of consent.

1.20 	Sec. 3. Minnesota Statutes 2018, section 609.341, subdivision 7, is amended to read:
1.21 		Subd. 7.Mentally incapacitated. "Mentally incapacitated" means that a person under 
1.22 	the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that 
2.1 	person without the person's agreement, lacks the judgment to give a reasoned consent to 
2.2 	sexual contact or sexual penetration.

2.3 	Sec. 4. Minnesota Statutes 2018, section 609.341, subdivision 10, is amended to read:
2.4 		Subd. 10.Current or recent position of authority. "Current or recent position of 
2.5 	authority" includes but is not limited to any person who is a parent or acting in the place of 
2.6 	a parent and charged with or assumes any of a parent's rights, duties or responsibilities to 
2.7 	a child, or a person who is charged with or assumes any duty or responsibility for the health, 
2.8 	welfare, or supervision of a child, either independently or through another, no matter how 
2.9 	brief, at the time of or within 120 days immediately preceding the act. For the purposes of 
2.10 	subdivision 11, "position of authority" includes a psychotherapist.

2.11 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
2.12 	committed on or after that date.

2.13 	Sec. 5. Minnesota Statutes 2018, section 609.342, subdivision 1, is amended to read:
2.14 		Subdivision 1.Crime defined. A person who engages in sexual penetration with another 
2.15 	person, or in sexual contact with a person under 13 years of age as defined in section 609.341, 
2.16 	subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any 
2.17 	of the following circumstances exists:
2.18 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
2.19 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
2.20 	the complainant is a defense;
2.21 	(b) the complainant is at least 13 years of age but less than 16 years of age and the actor 
2.22 	is more than 48 months older than the complainant and in a current or recent position of 
2.23 	authority over the complainant. Neither mistake as to the complainant's age nor consent to 
2.24 	the act by the complainant is a defense;
2.25 	(c) circumstances existing at the time of the act cause the complainant to have a 
2.26 	reasonable fear of imminent great bodily harm to the complainant or another;
2.27 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
2.28 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
2.29 	or threatens to use the weapon or article to cause the complainant to submit;
2.30 	(e) the actor causes personal injury to the complainant, and either of the following 
2.31 	circumstances exist:
3.1 	(i) the actor uses force or coercion to accomplish sexual penetration; or
3.2 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
3.3 	mentally incapacitated, or physically helpless;
3.4 	(f) the actor is aided or abetted by one or more accomplices within the meaning of section 
3.5 	609.05, and either of the following circumstances exists:
3.6 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
3.7 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
3.8 	in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and 
3.9 	uses or threatens to use the weapon or article to cause the complainant to submit;
3.10 	(g) the actor has a significant relationship to the complainant and the complainant was 
3.11 	under 16 years of age at the time of the sexual penetration. Neither mistake as to the 
3.12 	complainant's age nor consent to the act by the complainant is a defense; or
3.13 	(h) the actor has a significant relationship to the complainant, the complainant was under 
3.14 	16 years of age at the time of the sexual penetration, and:
3.15 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
3.16 	(ii) the complainant suffered personal injury; or
3.17 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
3.18 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
3.19 	a defense.

3.20 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
3.21 	committed on or after that date.

3.22 	Sec. 6. Minnesota Statutes 2018, section 609.343, subdivision 1, is amended to read:
3.23 		Subdivision 1.Crime defined. A person who engages in sexual contact with another 
3.24 	person is guilty of criminal sexual conduct in the second degree if any of the following 
3.25 	circumstances exists:
3.26 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
3.27 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
3.28 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
3.29 	prove that the sexual contact was coerced;
3.30 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
3.31 	48 months older than the complainant and in a current or recent position of authority over 
4.1 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
4.2 	complainant is a defense;
4.3 	(c) circumstances existing at the time of the act cause the complainant to have a 
4.4 	reasonable fear of imminent great bodily harm to the complainant or another;
4.5 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
4.6 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
4.7 	or threatens to use the dangerous weapon to cause the complainant to submit;
4.8 	(e) the actor causes personal injury to the complainant, and either of the following 
4.9 	circumstances exist:
4.10 	(i) the actor uses force or coercion to accomplish the sexual contact; or
4.11 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
4.12 	mentally incapacitated, or physically helpless;
4.13 	(f) the actor is aided or abetted by one or more accomplices within the meaning of section 
4.14 	609.05, and either of the following circumstances exists:
4.15 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
4.16 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
4.17 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
4.18 	uses or threatens to use the weapon or article to cause the complainant to submit;
4.19 	(g) the actor has a significant relationship to the complainant and the complainant was 
4.20 	under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's 
4.21 	age nor consent to the act by the complainant is a defense; or
4.22 	(h) the actor has a significant relationship to the complainant, the complainant was under 
4.23 	16 years of age at the time of the sexual contact, and:
4.24 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
4.25 	(ii) the complainant suffered personal injury; or
4.26 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
4.27 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
4.28 	a defense.

4.29 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
4.30 	committed on or after that date.

5.1 	Sec. 7. Minnesota Statutes 2018, section 609.344, subdivision 1, is amended to read:
5.2 		Subdivision 1.Crime defined. A person who engages in sexual penetration with another 
5.3 	person is guilty of criminal sexual conduct in the third degree if any of the following 
5.4 	circumstances exists:
5.5 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
5.6 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
5.7 	act by the complainant shall be a defense;
5.8 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
5.9 	24 months older than the complainant. In any such case if the actor is no more than 120 
5.10 	months older than the complainant, it shall be an affirmative defense, which must be proved 
5.11 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
5.12 	be 16 years of age or older. In all other cases,Neither mistake as to the complainant's age 
5.13 	shall not be a defense. nor consent to the act by the complainant is not shall be a defense;
5.14 	(c) the actor uses force or coercion to accomplish the penetration;
5.15 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
5.16 	mentally incapacitated, or physically helpless;
5.17 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
5.18 	48 months older than the complainant and in a current or recent position of authority over 
5.19 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
5.20 	complainant is a defense;
5.21 	(f) the actor has a significant relationship to the complainant and the complainant was 
5.22 	at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake 
5.23 	as to the complainant's age nor consent to the act by the complainant is a defense;
5.24 	(g) the actor has a significant relationship to the complainant, the complainant was at 
5.25 	least 16 but under 18 years of age at the time of the sexual penetration, and:
5.26 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
5.27 	(ii) the complainant suffered personal injury; or
5.28 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
5.29 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
5.30 	a defense;
5.31 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
5.32 	and the sexual penetration occurred:
6.1 	(i) during the psychotherapy session; or
6.2 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
6.3 	exists.
6.4 	Consent by the complainant is not a defense;
6.5 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
6.6 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
6.7 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
6.8 	the sexual penetration occurred by means of therapeutic deception. Consent by the 
6.9 	complainant is not a defense;
6.10 	(k) the actor accomplishes the sexual penetration by means of deception or false 
6.11 	representation that the penetration is for a bona fide medical purpose. Consent by the 
6.12 	complainant is not a defense;
6.13 	(l) the actor is or purports to be a member of the clergy, the complainant is not married 
6.14 	to the actor, and:
6.15 	(i) the sexual penetration occurred during the course of a meeting in which the 
6.16 	complainant sought or received religious or spiritual advice, aid, or comfort from the actor 
6.17 	in private; or
6.18 	(ii) the sexual penetration occurred during a period of time in which the complainant 
6.19 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
6.20 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
6.21 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
6.22 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
6.23 	or treatment facility providing services to clients civilly committed as mentally ill and 
6.24 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
6.25 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
6.26 	is a resident of a facility or under supervision of the correctional system. Consent by the 
6.27 	complainant is not a defense;
6.28 	(n) the actor provides or is an agent of an entity that provides special transportation 
6.29 	service, the complainant used the special transportation service, and the sexual penetration 
6.30 	occurred during or immediately before or after the actor transported the complainant. Consent 
6.31 	by the complainant is not a defense; or
7.1 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
7.2 	of one of those services, and nonconsensual sexual penetration occurred during or 
7.3 	immediately before or after the actor performed or was hired to perform one of those services 
7.4 	for the complainant.

7.5 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
7.6 	committed on or after that date.

7.7 	Sec. 8. Minnesota Statutes 2018, section 609.345, subdivision 1, is amended to read:
7.8 		Subdivision 1.Crime defined. A person who engages in sexual contact with another 
7.9 	person is guilty of criminal sexual conduct in the fourth degree if any of the following 
7.10 	circumstances exists:
7.11 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
7.12 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
7.13 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
7.14 	required to prove that the sexual contact was coerced;
7.15 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
7.16 	48 months older than the complainant or in a current or recent position of authority over 
7.17 	the complainant. Consent by the complainant to the act is not a defense. In any such case, 
7.18 	if the actor is no more than 120 months older than the complainant, it shall be an affirmative 
7.19 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
7.20 	believes the complainant to be 16 years of age or older. In all other cases,Neither mistake 
7.21 	as to the complainant's age shall not be nor consent to the act by the complainant is a defense;
7.22 	(c) the actor uses force or coercion to accomplish the sexual contact;
7.23 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
7.24 	mentally incapacitated, or physically helpless;
7.25 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
7.26 	48 months older than the complainant and in a current or recent position of authority over 
7.27 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
7.28 	complainant is a defense;
7.29 	(f) the actor has a significant relationship to the complainant and the complainant was 
7.30 	at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to 
7.31 	the complainant's age nor consent to the act by the complainant is a defense;
8.1 	(g) the actor has a significant relationship to the complainant, the complainant was at 
8.2 	least 16 but under 18 years of age at the time of the sexual contact, and:
8.3 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
8.4 	(ii) the complainant suffered personal injury; or
8.5 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
8.6 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
8.7 	a defense;
8.8 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
8.9 	and the sexual contact occurred:
8.10 	(i) during the psychotherapy session; or
8.11 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
8.12 	exists. Consent by the complainant is not a defense;
8.13 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
8.14 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
8.15 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
8.16 	the sexual contact occurred by means of therapeutic deception. Consent by the complainant 
8.17 	is not a defense;
8.18 	(k) the actor accomplishes the sexual contact by means of deception or false representation 
8.19 	that the contact is for a bona fide medical purpose. Consent by the complainant is not a 
8.20 	defense;
8.21 	(l) the actor is or purports to be a member of the clergy, the complainant is not married 
8.22 	to the actor, and:
8.23 	(i) the sexual contact occurred during the course of a meeting in which the complainant 
8.24 	sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
8.25 	(ii) the sexual contact occurred during a period of time in which the complainant was 
8.26 	meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, 
8.27 	aid, or comfort in private. Consent by the complainant is not a defense;
8.28 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
8.29 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
8.30 	or treatment facility providing services to clients civilly committed as mentally ill and 
8.31 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
9.1 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
9.2 	is a resident of a facility or under supervision of the correctional system. Consent by the 
9.3 	complainant is not a defense;
9.4 	(n) the actor provides or is an agent of an entity that provides special transportation 
9.5 	service, the complainant used the special transportation service, the complainant is not 
9.6 	married to the actor, and the sexual contact occurred during or immediately before or after 
9.7 	the actor transported the complainant. Consent by the complainant is not a defense; or
9.8 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
9.9 	of one of those services, and nonconsensual sexual contact occurred during or immediately 
9.10 	before or after the actor performed or was hired to perform one of those services for the 
9.11 	complainant.

9.12 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
9.13 	committed on or after that date.

9.14 	Sec. 9. Minnesota Statutes 2018, section 628.26, is amended to read:
9.15 	628.26 LIMITATIONS.
9.16 	(a) Indictments or complaints for any crime resulting in the death of the victim may be 
9.17 	found or made at any time after the death of the person killed.
9.18 	(b) Indictments or complaints for a violation of section 609.25 may be found or made 
9.19 	at any time after the commission of the offense.
9.20 	(c) Indictments or complaints for violation of section 609.282 may be found or made at 
9.21 	any time after the commission of the offense if the victim was under the age of 18 at the 
9.22 	time of the offense.
9.23 	(d) Indictments or complaints for violation of section 609.282 where the victim was 18 
9.24 	years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), 
9.25 	shall be found or made and filed in the proper court within six years after the commission 
9.26 	of the offense.
9.27 	(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345, 
9.28 	if the victim was under the age of 18 years at the time the offense was committed, shall be 
9.29 	found or made and filed in the proper court within the later of nine years after the commission 
9.30 	of the offense or three years after the offense was reported to law enforcement authorities.
9.31 	(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for 
9.32 	violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in 
10.1 	the proper court at any time after commission of the offense, if physical evidence is collected 
10.2 	and preserved that is capable of being tested for its DNA characteristics. If this evidence is 
10.3 	not collected and preserved and the victim was 18 years old or older at the time of the 
10.4 	offense, the prosecution must be commenced within nine years after the commission of the 
10.5 	offense.
10.6 	(g) (f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 
10.7 	2, clause (3), item (iii), shall be found or made and filed in the proper court within six years 
10.8 	after the commission of the offense.
10.9 	(h) (g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 
10.10 	2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of 
10.11 	the property or services stolen is more than $35,000, or for violation of section 609.527 
10.12 	where the offense involves eight or more direct victims or the total combined loss to the 
10.13 	direct and indirect victims is more than $35,000, shall be found or made and filed in the 
10.14 	proper court within five years after the commission of the offense.
10.15 	(i) (h) Except for violations relating to false material statements, representations or 
10.16 	omissions, indictments or complaints for violations of section 609.671 shall be found or 
10.17 	made and filed in the proper court within five years after the commission of the offense.
10.18 	(j) (i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be 
10.19 	found or made and filed in the proper court within five years after the commission of the 
10.20 	offense.
10.21 	(k) (j) In all other cases, indictments or complaints shall be found or made and filed in 
10.22 	the proper court within three years after the commission of the offense.
10.23 	(l) (k) The limitations periods contained in this section shall exclude any period of time 
10.24 	during which the defendant was not an inhabitant of or usually resident within this state.
10.25 	(m) (l) The limitations periods contained in this section for an offense shall not include 
10.26 	any period during which the alleged offender participated under a written agreement in a 
10.27 	pretrial diversion program relating to that offense.
10.28 	(n) (m) The limitations periods contained in this section shall not include any period of 
10.29 	time during which physical evidence relating to the offense was undergoing DNA analysis, 
10.30 	as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or 
10.31 	law enforcement agency purposefully delayed the DNA analysis process in order to gain 
10.32 	an unfair advantage.

10.33 	EFFECTIVE DATE. This section is effective the day following final enactment.