| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

617.246.1(e)(3)

Statute ID: 20355

Statute Function ID: 40451

Use of minors in sexual performance-definition-sexual conduct-masturbation

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

617.246.1(e)(3)

Enactment Date:

May 23, 2025

Effective Date:

Aug 1, 2025

Expiration Date:

Repealed?:

Summary Text:

Use of minors in sexual performance-definition-sexual conduct-masturbation

Statute ID:

20355

Created:

Jul 14, 2025 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 14, 2025 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2025 c35 art4 sect12; New definition in (f) and (f)(2)(iv); Effective 08/01/2025

Summary Text:

Use of minors in sexual performance-definition-sexual conduct-masturbation

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/617/246.html

Legislative Session:

2025 - Regular

Session Law Text?:

Statute text last updated on:

Jul 14, 2025

(a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

(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 paragraph (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) "Child sexual abuse material" 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; 

(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.; or

(iv) depicts an individual indistinguishable from an actual minor created by the use of generative artificial intelligence or other computer technology capable of processing and interpreting specific data inputs, commonly referred to as prompts, to create a visual depiction of the individual engaging in sexual conduct and is obscene.

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.