.................... moves to amend S. F. No. 2945, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2008, section 617.246, subdivision 1, is amended to
Subdivision 1. Definitions.
(a) For the purpose of this section, the terms defined in
this subdivision have the meanings given them.
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
1.9(d) "Lewd" means in a manner having a tendency to sexually stimulate a viewer.
1.10(e) "Apparent" means that which seems to the eye or mind to be so.
"Sexual performance" means any play, dance or other exhibition presented
before an audience or for purposes of visual or mechanical reproduction that uses a minor
to depict actual or simulated sexual conduct as defined by clause
"Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-genital,
anal-genital, or oral-genital intercourse, whether between human beings or between a
human being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
inflicted by or upon a person who is nude or clad in undergarments or in a revealing
costume, or the condition of being fettered, bound or otherwise physically restrained on
the part of one so clothed;
of the genitals or pubic or rectal area
(5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
male or female, or the breasts of the female, whether alone or between members of the
same or opposite sex or between humans and animals in an act either
of apparent sexual
stimulation or gratification or intended by a person who commits an act prohibited by this
2.2section or section 617.247 to arouse the sexual desire of any person
"Pornographic work" means:
(1) an original or reproduction of a picture, film, photograph, negative, slide,
videotape, videodisc, or drawing of a sexual performance involving a minor; or
(2) any visual depiction, including any photograph, film, video, picture, drawing,
negative, slide, or computer-generated image or picture, whether made or produced by
electronic, mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable minor is
engaging in sexual conduct; or
(iii) is advertised, promoted, presented, described, or distributed in such a manner
that conveys the impression that the material is or contains a visual depiction of a minor
engaging in sexual conduct.
For the purposes of this paragraph, an identifiable minor is a person who was a
minor at the time the depiction was created or altered, whose image is used to create
the visual depiction.
2.18EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
2.19committed on or after that date.