‘Position of authority’ could be changed in criminal sexual conduct statute

Current law may be broadened in an effort to reduce the potential of an adult engaging a minor for sexual conduct.

Sponsored by Rep. Kathy Lohmer (R-Stillwater), HF3260, as amended, would create a 120-day lookback period for an adult having a sexual relationship with a 16- or 17-year-old.State statute now says a person must be in a “position of authority” over the teenager for a felony crime to occur.

Lohmer said a person of authority is someone acting in the place of a parent and who has a duty to protect the child’s welfare. Coaches, teachers, caretakers and therapists are examples.

WATCH Committee discussion of the bill 

The bill was held over Thursday by the House Public Safety and Security Policy and Finance Committee for possible omnibus bill inclusion. The companion, SF2864, sponsored by Sen. Jerry Relph (R-St. Cloud), awaits action by the Senate Judiciary and Public safety Finance and Policy Committee.

Caroline Palmer, public and legal affairs manager at the Minnesota Coalition Against Sexual Assault, said the change would affect instances such as a teacher or coach grooming a student throughout a school year with the plan to act on those intentions during summer break.

“This would have a lookback period that says, ‘OK, you have been in that role within the past 120 days, we’re considering you in a position of authority,’” she said.

The bill would also extend the “position of authority” definition to cases where an adult “assumes” authority over a victim. The current provision only applies when an adult is “charged” with providing parental obligation to the juvenile.

“It could be somebody who says to the child, ‘I’m now your tutor’ or ‘I’m your mentor,’ but they haven’t received that expressed contract with the parent to do so,” Palmer said.