1.1.................... moves to amend H.F. No. 3191 as follows:
1.2Page 1, after line 5, insert:

1.3    "Sec. .... Minnesota Statutes 2008, section 609.344, subdivision 1, is amended to read:
1.4    Subdivision 1. Crime defined. A person who engages in sexual penetration with
1.5another person is guilty of criminal sexual conduct in the third degree if any of the
1.6following circumstances exists:
1.7    (a) the complainant is under 13 years of age and the actor is no more than 36 months
1.8older than the complainant. Neither mistake as to the complainant's age nor consent to the
1.9act by the complainant shall be a defense;
1.10    (b) the complainant is at least 13 but less than 16 years of age and the actor is more
1.11than 24 months older than the complainant. In any such case if the actor is no more
1.12than 120 months older than the complainant, it shall be an affirmative defense, which
1.13must be proved by a preponderance of the evidence, that the actor reasonably believes
1.14the complainant to be 16 years of age or older. In all other cases, mistake as to the
1.15complainant's age shall not be a defense. If the actor in such a case is no more than 48
1.16months but more than 24 months older than the complainant, the actor may be sentenced
1.17to imprisonment for not more than five years. Consent by the complainant is not a defense;
1.18    (c) the actor uses force or coercion to accomplish the penetration;
1.19    (d) the actor knows or has reason to know that the complainant is mentally impaired,
1.20mentally incapacitated, or physically helpless;
1.21    (e) the complainant is at least 16 but less than 18 years of age and the actor is
1.22more than 48 months older than the complainant and in a position of authority over the
1.23complainant. Neither mistake as to the complainant's age nor consent to the act by the
1.24complainant is a defense;
1.25    (f) the actor has a significant relationship to the complainant and the complainant
1.26was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
1.27mistake as to the complainant's age nor consent to the act by the complainant is a defense;
2.1    (g) the actor has a significant relationship to the complainant, the complainant was at
2.2least 16 but under 18 years of age at the time of the sexual penetration, and:
2.3    (i) the actor or an accomplice used force or coercion to accomplish the penetration;
2.4    (ii) the complainant suffered personal injury; or
2.5    (iii) the sexual abuse involved multiple acts committed over an extended period of
2.6time.
2.7    Neither mistake as to the complainant's age nor consent to the act by the complainant
2.8is a defense;
2.9    (h) the actor is a psychotherapist and the complainant is a patient of the
2.10psychotherapist and the sexual penetration occurred:
2.11    (i) during the psychotherapy session; or
2.12    (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
2.13relationship exists.
2.14    Consent by the complainant is not a defense;
2.15    (i) the actor is a psychotherapist and the complainant is a former patient of the
2.16psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
2.17    (j) the actor is a psychotherapist and the complainant is a patient or former patient
2.18and the sexual penetration occurred by means of therapeutic deception. Consent by the
2.19complainant is not a defense;
2.20    (k) the actor accomplishes the sexual penetration by means of deception or false
2.21representation that the penetration is for a bona fide medical purpose. Consent by the
2.22complainant is not a defense;
2.23    (1) the actor is or purports to be a member of the clergy, the complainant is not
2.24married to the actor, and:
2.25    (i) the sexual penetration occurred during the course of a meeting in which the
2.26complainant sought or received religious or spiritual advice, aid, or comfort from the
2.27actor in private; or
2.28    (ii) the sexual penetration occurred during a period of time in which the complainant
2.29was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
2.30advice, aid, or comfort in private. Consent by the complainant is not a defense;
2.31    (m) the actor is an employee, independent contractor, or volunteer of a state, county,
2.32city, or privately operated adult or juvenile correctional system, or secure treatment
2.33facility, or treatment facility providing services to clients civilly committed as mentally
2.34ill and dangerous, sexually dangerous persons, or sexual psychopathic personalties,
2.35including, but not limited to, jails, prisons, detention centers, or work release facilities, and
2.36the complainant is a resident of a facility or under supervision of the correctional system.
3.1Consent by the complainant is not a defense. "Secure treatment facility" has the meaning
3.2given in section 253B.02, subdivision 18a;
3.3    (n) the actor provides or is an agent of an entity that provides special transportation
3.4service, the complainant used the special transportation service, and the sexual penetration
3.5occurred during or immediately before or after the actor transported the complainant.
3.6Consent by the complainant is not a defense; or
3.7    (o) the actor performs massage or other bodywork for hire, the complainant was a
3.8user of one of those services, and nonconsensual sexual penetration occurred during or
3.9immediately before or after the actor performed or was hired to perform one of those
3.10services for the complainant."
3.11Renumber the sections in sequence and correct the internal references
3.12Amend the title accordingly