Bill would establish crime of grooming a child under age 16 as a felony

When Rep. Peggy Bennett (R-Albert Lea) heard Hannah LoPresto’s story last October, it was suspiciously close to her own.

LoPresto, a 2016 graduate of Eagan High School, was groomed for years and later sexually assaulted by her band director, who was never charged.

The issue of grooming is personal for Bennett who said she was groomed while in 10th grade by her own band director.

“Hearing Hannah’s situation so close to my situation a generation ago, it makes me sad this is still ongoing,” said Bennett.

The lack of charges in LoPresto’s case is in part due to gaps in the law around grooming.

“Although there were no criminal charges, that outcome was not due to a lack of probable cause. It was due to gaps in municipal laws in 2016 regarding positions of authority and high school students,” said Chad Clausen, the Eagan Police detective who investigated LoPresto’s case.

Rep. Peggy Bennett

To fill this gap, Bennett sponsors HF3489 that would define grooming as a felony, compel the creation of training for mandatory reporters, and bar teachers, contractors and volunteers from being alone with a student during field trips.

The House Education Policy Committee approved the bill Tuesday and sent it to the House Public Safety Finance and Policy Committee.

The bill, as amended, defines grooming as an adult “who knowingly engages in a pattern of conduct that seduces, solicits, lures, or entices, or attempts to seduce, solicit, lure, or entice, a child to engage or participate in unlawful sexual conduct that is for the purpose of sexual gratification or arousal of the victim, the accused, or another individual.”

“Establishing the grooming of children as a felony can prevent abuse from escalating to sexual assaults, and it recognizes that grooming alone causes substantial harm to a child,” LoPresto said.

While committee members were broadly in support of the bill, the prohibition of teachers, contractors and volunteers being alone with students might be problematic.

Situations like private phone calls, students leaving a group, and other personal assistance issues would leave teachers in a situation where helping a student might leave them at odds with the proposed law.

“We do want to note, however, that there are many times on field trips where staff may need to be alone with the student in order to keep that student safe,” said Deb Corhouse, staff attorney with Education Minnesota.