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SF 5

Refundable exemption provision for certain construction materials purchased for Browerville Public Schools

2025-2026 Regular Session Introduced by Paul Utke

Expands invasion of privacy penalties to include possession of nonconsensual sexual images, making it an aggravated misdemeanor with 10-year sex-offender registration.

Referred to Taxes
#education-schooldistricts #specific #taxation #taxation-salesanduse
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Bill Summary · SF 5

Summary — S.F. 5 (Introduced Jan 13, 2025)

Bill number: S.F. 5
Title (header data): Refundable exemption provision for certain construction materials purchased for Browerville Public Schools
Status: Referred to Taxes (but bill text/references show amendment to criminal statute and referral to Judiciary)
Introduced: January 13, 2025
Sponsor: Sen. Green (primary)
Subjects listed: Education — School Districts (specific), Taxation — Sales and Use; but the introduced text amends a criminal privacy statute

Note on discrepancy: The bill header/title provided (a tax exemption for construction materials for Browerville Public Schools) conflicts with the introduced text included below, which amends Minnesota criminal statute section 709.21 (invasion of privacy / voyeurism). This summary focuses on the actual text shown in the legislative version provided (amendment to section 709.21). The bill’s procedural history also shows movements in both Judiciary and Taxes committees and a renumbering to SF 289.

Purpose and intent (based on introduced text)

To expand the scope of the criminal offense defined in Minnesota Statute §709.21 (invasion of privacy / voyeurism) by making possession of sexually explicit photographs or films taken for the purpose of arousing or gratifying sexual desire a criminal offense when other elements are met.

Key provisions / changes

  • Amends Section 709.21 (unnumbered paragraph 1) of the Code (2025) to add that a person who is in possession of a photograph or film taken of another person for the purpose of arousing or gratifying sexual desire is guilty of invasion of privacy when the other existing statutory elements apply.
  • Restates current elements of the offense: the act is committed when a person knowingly views, photographs, or films another for sexual arousal/gratification and:
    • the other person does not consent or is unable to consent;
    • the other person is in a state of full or partial nudity; and
    • the other person has a reasonable expectation of privacy while nude or partially nude.
  • Classification: A violation of §709.21 is an aggravated misdemeanor and a tier II sex offense.
  • Registration: A person convicted is required to register as a sex offender for 10 years.

Who is affected

  • Individuals who view, photograph, film, or possess photographs/films meeting the statutory criteria (i.e., nonconsensual sexual images of persons in states of full/partial nudity with reasonable expectation of privacy).
  • Victims of nonconsensual sexual recording/photography: the amendment potentially increases prosecutorial options and criminal liability for those who retain or possess such images.
  • Criminal justice system: prosecutors, defense attorneys, and courts may see expanded grounds for charges and sex-offender registration requirements.

Procedural / timeline highlights

  • Introduced Jan 13, 2025; referred to Judiciary (and later Taxes per bill metadata).
  • Subcommittee activity: subcommittee met Jan 16 (recommendation and passage Jan 22); subcommittee members listed as Green, Blake, and Taylor.
  • Committee report approving bill and renumbering to SF 289 dated Feb 12, 2025.
  • Additional entries show introduction/first reading on Jan 16 and June 9, 2025, and laid on the table June 9, 2025.

Notes / implications

  • The bill text as provided deals with criminal law (voyeurism/invasion of privacy), not a tax exemption for school construction materials. Confirm which version (title vs. text) is the legislative intent before relying on the bill number for policy or fiscal analysis.
  • If enacted as drafted, the change broadens criminal liability to possession of nonconsensual sexual images and maintains aggravated misdemeanor classification with a 10‑year sex‑offender registration requirement.

Compiled from official sources — confirm details with the bill’s official record.

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