SF2825 (Legislative Session 94 (2025-2026))

Child abuse victims protections related to interviews apply to all recordings clarification provision and changes to terms used in statutes that punish creation, distribution, and possession of sexually explicit materials involving children proposal provision

Related bill: HF2594

AI Generated Summary

Purpose of the Bill

This Minnesota legislative bill aims to enhance public safety by updating and clarifying laws regarding the protection of child abuse victims and the handling of materials involving child sexual abuse. It also seeks to revise the language used in statutes concerning the creation, distribution, and possession of sexually explicit materials involving minors to better align with the current understanding and legal standards.

Main Provisions

  1. Protection of Child Abuse Victims:

    • Extends protections for videotaped interviews of child abuse victims, ensuring their confidentiality and controlled access.
    • Videotapes of a child victim can only be accessed with a court order, ensuring privacy and safeguarding the interests of the child.
  2. Changes in Terminology:

    • Updates the terms used in laws from "pornographic work" to "child sexual abuse material" to more accurately depict the nature of the crime.
  3. Access to Child Abuse Materials:

    • Stricter regulations on who can access videotaped interviews, with provisions for court orders to govern the use, reproduction, and retention of these materials.
  4. Prohibitions and Penalties:

    • Bans the possession, creation, and dissemination of child sexual abuse materials.
    • Establishes penalties for violating these rules, including imprisonment and fines, especially for repeat offenders or those registered as predatory offenders.
    • Provides stronger restrictions and penalties on businesses disseminating such materials.
  5. Court Processes:

    • Outlines specific court procedures for those seeking court orders to access videotaped interviews related to child abuse, ensuring processes safeguard both legal integrity and victim confidentiality.
  6. Data Handling:

    • Sets guidelines for the discoverability of non-public government data in court proceedings, particularly concerning sensitive interviews with child victims.
  7. Revisions for Cross-References:

    • Instructs the revisor of statutes to update cross-references in Minnesota Statutes and Minnesota Rules to reflect these changes.

Significant Changes to Existing Law

  • The bill amends previous statutes by clarifying that protections for child abuse-related recordings are comprehensive and apply to all forms of media.
  • It updates legal terminology related to child exploitation to align with modern standards and understanding of these crimes.
  • It introduces stricter conditions and penalties related to the possession and distribution of sexually explicit materials involving minors.

Relevant Terms

  • Child abuse victim
  • Videotaped interviews
  • Child sexual abuse material
  • Court order
  • Privacy and confidentiality
  • Predatory offender
  • Discoverability of data

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 19, 2025SenateFloorActionIntroduction and first reading
March 19, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Introduces considerations for videotape recordings of child victims."
      ],
      "removed": [
        ""
      ],
      "summary": "This section addresses the discoverability of not public data in legal proceedings.",
      "modified": [
        "Clarifies conditions under which discovery may occur when government data is involved."
      ]
    },
    "citation": "13.03",
    "subdivision": "subdivision 6"
  },
  {
    "analysis": {
      "added": [
        "Specifies the conditions under which court orders may allow release of such tapes."
      ],
      "removed": [
        ""
      ],
      "summary": "Regulates the release of videotapes or recordings of child abuse victims.",
      "modified": [
        "Emphasizes privacy and best interests of the child."
      ]
    },
    "citation": "611A.90",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Details penalties associated with theft and related offenses.",
      "modified": [
        "Adjusts penalty thresholds related to offense severity and victim count."
      ]
    },
    "citation": "609.52",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Clarifications to definitions such as 'sexual conduct' and 'pornographic work' replaced with 'child sexual abuse material'."
      ],
      "removed": [
        ""
      ],
      "summary": "Defines terms related to prohibiting use of minors in sexual performance.",
      "modified": [
        "Terminology updates reflect modernized language."
      ]
    },
    "citation": "617.246",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Includes cross-references to contingent offenses and sentences."
      ],
      "removed": [
        ""
      ],
      "summary": "Outlines conditional release terms for possession of child sexual abuse images.",
      "modified": [
        "Clarifies conditions for repeat offenders and conditional release terms upon sentencing."
      ]
    },
    "citation": "617.247",
    "subdivision": "subdivision 9"
  }
]