1.1.................... moves to amend the ....... amendment (H1372A15) to H.F. No. 1372,
1.2the first engrossment, as follows:
1.3Page 4, after line 2, insert:

"1.4    Sec. 15. [604.30] DEFINITIONS.
1.5(a) For the purposes of sections 604.30 and 604.31, the following terms have the
1.6meanings given.
1.7(b) "Dissemination" means distribution to one or more persons, other than the person
1.8who is depicted in the image, or publication by any publicly available medium.
1.9(c) "Image" means a photograph, film, video recording, or digital photograph
1.10or recording.
1.11(d) "Intimate parts" means genitals, pubic area, or anus of an individual, or if the
1.12individual is female, a partially or fully exposed nipple.
1.13(e) "Personal information" includes any identifier that permits communication or
1.14in-person contact with the person depicted in the image, including:
1.15(1) the person's first and last name, first initial and last name, first name and last
1.16initial, or nickname;
1.17(2) the person's home, school, or work address;
1.18(3) the person's telephone number, e-mail address, or social media account
1.19information; or
1.20(4) the person's geolocation data.
1.21(f) "Sexual act" means either sexual contact or sexual penetration.
1.22(g) "Sexual contact" means the intentional touching of intimate parts or intentional
1.23touching with seminal fluid or sperm onto another person's body.
1.24(h) "Social media" means any electronic medium, including an interactive computer
1.25service, telephone network, or data network, that allows users to create, share, and view
1.26user-generated content.
1.27(i) "Sexual penetration" means any of the following acts:
2.1(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
2.2(2) any intrusion, however slight, into the genital or anal openings of an individual
2.3by another's body part or an object used by another for this purpose.

2.4    Sec. 16. [604.31] CAUSE OF ACTION FOR NONCONSENSUAL
2.5DISSEMINATION OF PRIVATE SEXUAL IMAGES; SEXUAL SOLICITATION.
2.6    Subdivision 1. Nonconsensual dissemination of private sexual images. (a) A
2.7cause of action against a person for the nonconsensual dissemination of private sexual
2.8images exists when:
2.9(1) a person disseminated an image without the consent of the person depicted
2.10in the image;
2.11(2) the image is of an individual depicted in a sexual act or whose intimate parts
2.12are exposed in whole or in part;
2.13(3) the person is identifiable:
2.14(i) from the image itself, by the person depicted in the image or by another person; or
2.15(ii) from the personal information displayed in connection with the image; and
2.16(4) the image was obtained or created under circumstances in which the person
2.17depicted had a reasonable expectation of privacy.
2.18(b) The fact that the individual depicted in the image consented to the creation of the
2.19image or to the voluntary private transmission of the image is not a defense to liability for
2.20a person who has disseminated the image without consent.
2.21    Subd. 2. Nonconsensual sexual solicitation. A person who uses the personal
2.22information of another to invite, encourage, or solicit sexual acts without the individual's
2.23consent and knows or has reason to know it will cause the person whose personal
2.24information is used to feel harassed, frightened, threatened, oppressed, persecuted, or
2.25intimidated, is liable for damages to the individual whose personal information was
2.26published or disseminated publicly.
2.27    Subd. 3. Damages. The court may award the following damages to a prevailing
2.28plaintiff from a person found liable under subdivision 1 or 2:
2.29(1) general and special damages, including all finance losses due to the dissemination
2.30of the image and damages for mental anguish;
2.31(2) an amount equal to any profit made from the dissemination of the image by the
2.32person who intentionally disclosed the image;
2.33(3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
2.34(4) court costs, fees, and reasonable attorney fees.
3.1    Subd. 4. Injunction; temporary relief. (a) A court may issue a temporary or
3.2permanent injunction or restraining order to prevent further harm to the plaintiff.
3.3(b) The court may issue a civil fine for the violation of a court order in an amount up
3.4to $1,000 per day for failure to comply with an order granted under this section.
3.5    Subd. 5. Confidentiality. The court shall allow confidential filings to protect the
3.6privacy of the plaintiff in cases filed under this section.
3.7    Subd. 6. Liability; exceptions. (a) No person shall be found liable under this
3.8section when:
3.9(1) the dissemination is made for the purpose of a criminal investigation or
3.10prosecution that is otherwise lawful;
3.11(2) the dissemination is for the purpose of, or in connection with, the reporting of
3.12unlawful conduct;
3.13(3) the dissemination is made in the course of seeking or receiving medical or mental
3.14health treatment, and the image is protected from further dissemination;
3.15(4) the image involves exposure in public or was obtained in a commercial setting
3.16for the purpose of the legal sale of goods or services, including the creation of artistic
3.17products for sale or display;
3.18(5) the image relates to a matter of public interest and dissemination serves a lawful
3.19public purpose;
3.20(6) the dissemination is for legitimate scientific research or educational purposes; or
3.21(7) the dissemination is made for legal proceedings and is consistent with common
3.22practice in civil proceedings necessary for the proper functioning of the criminal justice
3.23system, or protected by court order which prohibits any further dissemination.
3.24(b) This section does not alter or amend the liabilities and protections granted by
3.25United States Code, title 47, section 230, and shall be construed in a manner consistent
3.26with federal law.
3.27(c) A cause of action arising under this section does not prevent the use of any other
3.28cause of action or remedy available under the law.
3.29    Subd. 7. Jurisdiction. A court has jurisdiction over a cause of action filed pursuant
3.30to this section if the plaintiff or defendant resides in this state.
3.31    Subd. 8. Venue. A cause of action arising under this section may be filed in either:
3.32(1) the county of residence of the defendant or plaintiff or in the jurisdiction of the
3.33plaintiff's designated address if the plaintiff participates in the address confidentiality
3.34program established by chapter 5B; or
3.35(2) the county where any image is produced, reproduced, or stored in violation
3.36of this section.
4.1    Subd. 9. Discovery of dissemination. In a civil action brought under subdivision
4.21, the statute of limitations is tolled until the plaintiff discovers the image has been
4.3disseminated.
4.4EFFECTIVE DATE.This section is effective August 1, 2016, and applies to causes
4.5of action commenced on or after that date.

4.6    Sec. 17. Minnesota Statutes 2014, section 609.02, subdivision 16, is amended to read:
4.7    Subd. 16. Qualified domestic violence-related offense. "Qualified domestic
4.8violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
4.9subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree
4.10murder); 609.19 (second-degree murder); 609.221 (first-degree assault); 609.222
4.11(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault);
4.12609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital
4.13mutilation); 609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal
4.14sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree
4.15criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
4.16(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
4.17(violation of harassment restraining order); 609.749 (stalking); 609.78, subdivision 2
4.18(interference with an emergency call); 617.261 (nonconsensual dissemination of private
4.19sexual images); and 629.75 (violation of domestic abuse no contact order); and similar
4.20laws of other states, the United States, the District of Columbia, tribal lands, and United
4.21States territories.
4.22EFFECTIVE DATE.This section is effective August 1, 2016, and applies to crimes
4.23committed on or after that date.

4.24    Sec. 18. Minnesota Statutes 2014, section 609.27, subdivision 1, is amended to read:
4.25    Subdivision 1. Acts constituting. Whoever orally or in writing makes any of the
4.26following threats and thereby causes another against the other's will to do any act or forbear
4.27doing a lawful act is guilty of coercion and may be sentenced as provided in subdivision 2:
4.28(1) a threat to unlawfully inflict bodily harm upon, or hold in confinement, the
4.29person threatened or another, when robbery or attempt to rob is not committed thereby; or
4.30(2) a threat to unlawfully inflict damage to the property of the person threatened
4.31or another; or
4.32(3) a threat to unlawfully injure a trade, business, profession, or calling; or
5.1(4) a threat to expose a secret or deformity, publish a defamatory statement, or
5.2otherwise to expose any person to disgrace or ridicule; or
5.3(5) a threat to make or cause to be made a criminal charge, whether true or false;
5.4provided, that a warning of the consequences of a future violation of law given in good
5.5faith by a peace officer or prosecuting attorney to any person shall not be deemed a threat
5.6for the purposes of this section; or
5.7(6) a threat to commit a violation under section 617.261.
5.8EFFECTIVE DATE.This section is effective August 1, 2016, and applies to crimes
5.9committed on or after that date.

5.10    Sec. 19. Minnesota Statutes 2014, section 609.275, is amended to read:
5.11609.275 ATTEMPT TO COERCE.
5.12Whoever makes a threat within the meaning of section 609.27, subdivision 1, clauses
5.13(1) to (5) (6), but fails to cause the intended act or forbearance, commits an attempt to
5.14coerce and may be punished as provided in section 609.17.
5.15EFFECTIVE DATE.This section is effective August 1, 2016, and applies to crimes
5.16committed on or after that date.

5.17    Sec. 20. Minnesota Statutes 2014, section 609.748, subdivision 1, is amended to read:
5.18    Subdivision 1. Definition. For the purposes of this section, the following terms have
5.19the meanings given them in this subdivision.
5.20(a) "Harassment" includes:
5.21(1) a single incident of physical or sexual assault, a single incident of stalking
5.22under section 609.749, subdivision 2, clause (8), a single incident of nonconsensual
5.23dissemination of private sexual images under section 617.261, or repeated incidents of
5.24intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are
5.25intended to have a substantial adverse effect on the safety, security, or privacy of another,
5.26regardless of the relationship between the actor and the intended target;
5.27(2) targeted residential picketing; and
5.28(3) a pattern of attending public events after being notified that the actor's presence
5.29at the event is harassing to another.
5.30(b) "Respondent" includes any adults or juveniles alleged to have engaged in
5.31harassment or organizations alleged to have sponsored or promoted harassment.
5.32(c) "Targeted residential picketing" includes the following acts when committed on
5.33more than one occasion:
6.1(1) marching, standing, or patrolling by one or more persons directed solely at a
6.2particular residential building in a manner that adversely affects the safety, security, or
6.3privacy of an occupant of the building; or
6.4(2) marching, standing, or patrolling by one or more persons which prevents an
6.5occupant of a residential building from gaining access to or exiting from the property on
6.6which the residential building is located.
6.7EFFECTIVE DATE.This section is effective August 1, 2016.

6.8    Sec. 21. Minnesota Statutes 2014, section 609.749, subdivision 2, is amended to read:
6.9    Subd. 2. Stalking crimes. A person who stalks another by committing any of the
6.10following acts is guilty of a gross misdemeanor:
6.11(1) directly or indirectly, or through third parties, manifests a purpose or intent to
6.12injure the person, property, or rights of another by the commission of an unlawful act;
6.13(2) follows, monitors, or pursues another, whether in person or through any available
6.14technological or other means;
6.15(3) returns to the property of another if the actor is without claim of right to the
6.16property or consent of one with authority to consent;
6.17(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
6.18make telephone calls to the actor, whether or not conversation ensues;
6.19(5) makes or causes the telephone of another repeatedly or continuously to ring;
6.20(6) repeatedly mails or delivers or causes the delivery by any means, including
6.21electronically, of letters, telegrams, messages, packages, through assistive devices for
6.22people with vision impairments or hearing loss, or any communication made through any
6.23available technologies or other objects; or
6.24(7) knowingly makes false allegations against a peace officer concerning the
6.25officer's performance of official duties with intent to influence or tamper with the officer's
6.26performance of official duties; or
6.27(8) uses another's personal information, without consent, to invite, encourage, or
6.28solicit a third party to engage in a sexual act with the person.
6.29For purposes of this clause, "personal information" and "sexual act" have the meanings
6.30given in section 617.261, subdivision 7.
6.31EFFECTIVE DATE.This section is effective August 1, 2016, and applies to crimes
6.32committed on or after that date.

6.33    Sec. 22. Minnesota Statutes 2014, section 609.765, is amended to read:
7.1609.765 CRIMINAL DEFAMATION.
7.2    Subdivision 1. Definition. Defamatory matter is anything which exposes a person
7.3or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in
7.4society, or injury to business or occupation.
7.5    Subd. 2. Acts constituting. Whoever with knowledge of its false and defamatory
7.6character orally, in writing or by any other means, communicates any false and defamatory
7.7matter to a third person without the consent of the person defamed is guilty of criminal
7.8defamation and may be sentenced to imprisonment for not more than one year or to
7.9payment of a fine of not more than $3,000, or both.
7.10    Subd. 3. Justification. Violation of subdivision 2 is justified if:
7.11(1) the defamatory matter is true and is communicated with good motives and for
7.12justifiable ends; or
7.13(2) the communication is absolutely privileged; or
7.14(3) (2) the communication consists of fair comment made in good faith with respect
7.15to persons participating in matters of public concern; or
7.16(4) (3) the communication consists of a fair and true report or a fair summary of any
7.17judicial, legislative or other public or official proceedings; or
7.18(5) (4) the communication is between persons each having an interest or duty with
7.19respect to the subject matter of the communication and is made with intent to further
7.20such interest or duty.
7.21    Subd. 4. Testimony required. No person shall be convicted on the basis of an oral
7.22communication of defamatory matter except upon the testimony of at least two other
7.23persons that they heard and understood the oral statement as defamatory or upon a plea
7.24of guilty.
7.25EFFECTIVE DATE.This section is effective the day following the final enactment.

7.26    Sec. 23. [617.261] NONCONSENSUAL DISSEMINATION OF PRIVATE
7.27SEXUAL IMAGES.
7.28    Subdivision 1. Crime. It is a crime to intentionally disseminate an image of another
7.29person who is depicted in a sexual act or whose intimate parts are exposed, in whole or
7.30in part, when:
7.31(1) the person is identifiable:
7.32(i) from the image itself, by the person depicted in the image or by another person; or
7.33(ii) from personal information displayed in connection with the image;
7.34(2) the actor knows or reasonably should know that the person depicted in the image
7.35does not consent to the dissemination; and
8.1(3) the image was obtained or created under circumstances in which the actor knew or
8.2reasonably should have known the person depicted had a reasonable expectation of privacy.
8.3    Subd. 2. Penalties. (a) Except as provided in paragraph (b), whoever violates
8.4subdivision 1 is guilty of a gross misdemeanor.
8.5(b) Whoever violates subdivision 1 may be sentenced to imprisonment for not
8.6more than three years or to payment of a fine of $5,000, or both, if one of the following
8.7factors is present:
8.8(1) the person depicted in the image suffers financial loss due to the dissemination
8.9of the image;
8.10(2) the actor disseminates the image with intent to profit from the dissemination;
8.11(3) the actor maintains an Internet Web site, online service, online application, or
8.12mobile application for the purpose of disseminating the image;
8.13(4) the actor posts the image on a Web site;
8.14(5) the actor disseminates the image with intent to harass the person depicted
8.15in the image;
8.16(6) the actor obtained the image by committing a violation of section 609.52,
8.17609.746, 609.89, or 609.891; or
8.18(7) the actor has previously been convicted under this chapter.
8.19    Subd. 3. No defense. It is not a defense to a prosecution under this section that the
8.20person consented to the capture or possession of the image.
8.21    Subd. 4. Venue. Notwithstanding anything to the contrary in section 627.01, an
8.22offense committed under this section may be prosecuted in:
8.23(1) the county where the offense occurred;
8.24(2) the county of residence of the actor or victim or in the jurisdiction of the victim's
8.25designated address if the victim participates in the address confidentiality program
8.26established by chapter 5B; or
8.27(3) only if venue cannot be located in the counties specified under clause (1) or
8.28(2), the county where any image is produced, reproduced, found, stored, received, or
8.29possessed in violation of this section.
8.30    Subd. 5. Exemptions. Subdivision 1 does not apply when:
8.31(1) the dissemination is made for the purpose of a criminal investigation or
8.32prosecution that is otherwise lawful;
8.33(2) the dissemination is for the purpose of, or in connection with, the reporting of
8.34unlawful conduct;
8.35(3) the dissemination is made in the course of seeking or receiving medical or mental
8.36health treatment and the image is protected from further dissemination;
9.1(4) the image involves exposure in public or was obtained in a commercial setting
9.2for the purpose of the legal sale of goods or services, including the creation of artistic
9.3products for sale or display;
9.4(5) the image relates to a matter of public interest and dissemination serves a lawful
9.5public purpose;
9.6(6) the dissemination is for legitimate scientific research or educational purposes; or
9.7(7) the dissemination is made for legal proceedings and is consistent with common
9.8practice in civil proceedings necessary for the proper functioning of the criminal justice
9.9system, or protected by court order which prohibits any further dissemination.
9.10    Subd. 6. Immunity. Nothing in this section shall be construed to impose liability
9.11upon the following entities solely as a result of content or information provided by
9.12another person:
9.13(1) an interactive computer service as defined in United States Code, title 47, section
9.14230, paragraph (f), clause (2);
9.15(2) a provider of public mobile services or private radio services; or
9.16(3) a telecommunications network or broadband provider.
9.17    Subd. 7. Definitions. (a) For purposes of this section, the following terms have
9.18the meanings given.
9.19(b) "Dissemination" means distribution to one or more persons, other than the person
9.20depicted in the image, or publication by any publicly available medium.
9.21(c) "Harass" means an act that would cause a substantial adverse effect on the safety,
9.22security, or privacy of a reasonable person.
9.23(d) "Image" means a photograph, film, video recording, or digital photograph
9.24or recording.
9.25(e) "Intimate parts" means the genitals, pubic area, or anus of an individual, or if the
9.26individual is female, a partially or fully exposed nipple.
9.27(f) "Personal information" means any identifier that permits communication or
9.28in-person contact with a person, including:
9.29(1) a person's first and last name, first initial and last name, first name and last initial,
9.30or nickname;
9.31(2) a person's home, school, or work address;
9.32(3) a person's telephone number, e-mail address, or social media account
9.33information; or
9.34(4) a person's geolocation data.
9.35(g) "Sexual act" means either sexual contact or sexual penetration.
10.1(h) "Sexual contact" means the intentional touching of intimate parts or intentional
10.2touching with seminal fluid or sperm onto another person's body.
10.3(i) "Sexual penetration" means any of the following acts:
10.4(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
10.5(2) any intrusion, however slight, into the genital or anal openings of an individual
10.6by another's body part or an object used by another for this purpose.
10.7(j) "Social media" means any electronic medium, including an interactive computer
10.8service, telephone network, or data network, that allows users to create, share, and view
10.9user-generated content.
10.10    Subd. 8. Other crimes. Nothing in this section shall limit the power of the state
10.11to prosecute or punish a person for conduct that constitutes any other crime under any
10.12other law of this state.
10.13EFFECTIVE DATE.This section is effective August 1, 2016, and applies to crimes
10.14committed on or after that date.
"