MN HF3978

Minors are prohibited from knowingly transmitting or disseminating images of themselves depicting sexual conduct using computers or electronic communication devices, with violation classified as a misdemeanor and second or subsequent violations as a gross misdemeanor.

Minors are prohibited from knowingly possessing images transmitted in violation of the above, classified as a petty misdemeanor for first offense and a misdemeanor for second or subsequent violations; exception applies if person took reasonable steps to destroy, eliminate, or report the image.

Prosecutors must offer pretrial diversion under section 388.24 to minors without prior delinquency adjudication for this offense and without prior diversion program participation; minors cannot be charged with related offenses arising from the same circumstances under other law sections.

Persons charged or petitioned before age 18 under section 617.247 may apply for retroactive relief and resentencing, which removes collateral sanctions including sex offender registration unless the sanction also applies to convictions under this new section.

Law is effective the day following final enactment and applies to offenses committed on or after that date, and retroactively to prior offenses when subdivision 4 applies.