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617.246
Statute ID:
1827
Statute Function ID:
18761
Use Minors in Sexual Performance
In Effect
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
617.246
Enactment Date:
Jan 1, 1859
Effective Date:
Jan 1, 1859
Expiration Date:
Repealed?:
No
Summary Text:
Use Minors in Sexual Performance
Statute ID:
1827
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Use Minors in Sexual Performance
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/617/246.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Jul 14, 2025
Subdivision 1. (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. (d) "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 (e). (e) "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; (3) masturbation; (4) lewd exhibitions of the genitals; or (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 of apparent sexual stimulation or gratification. (f) "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. Subd. 2. (a) It is unlawful for a person to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or modeling alone or with others in any sexual performance or child sexual abuse material if the person knows or has reason to know that the conduct intended is a sexual performance or a child sexual abuse material. Any person who violates this paragraph is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.247; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years. Subd. 3. (a) A person who owns or operates a business in which child sexual abuse material, as defined in this section, is disseminated to an adult or a minor or is reproduced, and who knows the content and character of the child sexual abuse material disseminated or reproduced, is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $20,000 or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.247; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years. Subd. 4. (a) A person who, knowing or with reason to know its content and character, disseminates for profit to an adult or a minor child sexual abuse material, as defined in this section, is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $20,000 or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.247; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years.
