Minnesota SF 3780: Nonconsensual removal of a condom civil cause authorization

Bill Text

1.1 A bill for an act​
1.2 relating to civil actions; authorizing a civil cause of action for the nonconsensual​
1.3 removal of a condom; providing penalties; proposing coding for new law in​
1.4 Minnesota Statutes, chapter 604.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [604.32] CAUSE OF ACTION; NONCONSENSUAL REMOVAL OF A​
1.7 CONDOM.​
1.8 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
1.9 the meanings given.​
1.10 (b) "Condom" means a thin sheath worn on a person's penis during a sexual act as a​
1.11 contraceptive or as a protection against infection.​
1.12 (c) "Intimate part" means the sexual organ, anus, groin, or buttocks of any person, or​
1.13 the breast of a female.​
1.14 (d) "Sexual battery" means an act that causes contact between a sexual organ, from​
1.15 which a condom has been removed, and the intimate part of another who did not verbally​
1.16 consent to the removal of the condom.​
1.17 Subd. 2.Civil action; damages.(a) A person who commits a sexual battery upon another​
1.18 is liable to that person for damages, including but not limited to general damages, special​
1.19 damages, and punitive damages.​
1.20 (b) In addition to the damages under paragraph (a), the court may award the following​
1.21 damages to a prevailing plaintiff from a person found liable under this section:​
1.22 (1) a civil penalty of an amount up to $10,000;​
1​Section 1.​
22-05875 as introduced​02/09/22 REVISOR MS/MR​
SENATE​
STATE OF MINNESOTA​
S.F. No. 3780​NINETY-SECOND SESSION​
(SENATE AUTHORS: DZIEDZIC, Kunesh and Pappas)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​5232​03/07/2022​
Referred to Civil Law and Data Practices Policy​
Motion did not prevail to withdraw and be placed on General Orders​8408​05/12/2022​

2.1 (2) equitable relief, including an injunction, costs, and any other relief the court deems​
2.2 appropriate; and​
2.3 (3) reasonable attorney fees.​
2.4 (c) The rights and remedies provided in this section are in addition to any other rights​
2.5 and remedies provided by law.​
2.6 Subd. 3.Confidentiality.The court shall allow confidential filings to protect the privacy​
2.7 of the plaintiff in cases filed under this section.​
2.8 EFFECTIVE DATE.This section is effective August 1, 2022, and applies to causes​
2.9 of action accruing on or after that date.​
2​Section 1.​
22-05875 as introduced​02/09/22 REVISOR MS/MR​