Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Minor" means any person who, at the time of use in a sexual performance, is under the age of 16.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance, or other exhibition presented before an audience or for purposes of visual or mechanical reproduction which depicts sexual conduct as defined by paragraph (e).
(e) "Sexual conduct" means any of the following if the depiction involves a minor:
(1) an act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted by or upon a minor who is nude, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so unclothed;
(3) masturbation or lewd exhibitions of the genitals; and
(4) physical contact or simulated physical contact with the unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
Subd. 2. Cause of action. A cause of action exists for injury caused by the use of a minor in a sexual performance. The cause of action exists against a person who promotes, employs, uses, or permits a minor to engage or assist others to engage in posing or modeling alone or with others in a sexual performance, if the person knows or has reason to know that the conduct intended is a sexual performance.
A person found liable for injuries under this section is liable to the minor for damages.
Neither consent to sexual performance by the minor or by the minor's parent, guardian, or custodian, or mistake as to the minor's age is a defense to the action.
Subd. 3. Limitation period. An action for damages under this section must be commenced within six years of the time the plaintiff knew or had reason to know injury was caused by plaintiff's use as a minor in a sexual performance. The knowledge of a parent, guardian, or custodian may not be imputed to the minor. This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.
1992 c 571 art 12 s 1
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 617 — Abortion; Obscenity; Nuisance
Section 617.20 — Drugs To Produce Miscarriage.
Section 617.201 — Indecent Articles And Information.
Section 617.202 — Sale Of Articles Relating To Prevention Of Conception Or Disease.
Section 617.22 — Concealing Birth.
Section 617.23 — Indecent Exposure; Penalties.
Section 617.242 — Adult Entertainment Establishments.
Section 617.243 — Indecent Literature, Distribution.
Section 617.245 — Civil Action; Use Of Minor In Sexual Performance.
Section 617.246 — Use Of Minors In Sexual Performance Prohibited.
Section 617.247 — Possession Of Pornographic Work Involving Minors.
Section 617.26 — Mailing And Carrying Obscene Matter.
Section 617.261 — Nonconsensual Dissemination Of Private Sexual Images.
Section 617.27 — Search Warrant; Destruction Of Property.
Section 617.28 — Certain Medical Advertisements.
Section 617.291 — Sexually Explicit Material And Exhibitions; Purpose And Policy.
Section 617.292 — Definitions.
Section 617.293 — Harmful Materials; Dissemination And Display To Minors Prohibited.
Section 617.294 — Exhibition Prohibited.
Section 617.296 — Penalties; Injunctive Remedies.
Section 617.297 — Evidence Of Adherence To Motion Picture Rating System.
Section 617.298 — Obscene Motion Pictures At Drive-in Theaters; Definitions.
Section 617.299 — Obscene Motion Pictures; Prohibiting Exhibition At Drive-in Theaters.
Section 617.81 — Nuisance; Acts Constituting; Injunction; Notice.
Section 617.82 — Agreed Abatement Plans; Temporary Order.
Section 617.83 — Injunction; Order Of Abatement.
Section 617.84 — Movable Property.
Section 617.85 — Nuisance; Motion To Cancel Lease.
Section 617.87 — Release Of Property.
Section 617.90 — Graffiti Damage Action.
Section 617.92 — Public Nuisance.
Section 617.93 — Suit To Abate Nuisance.
Section 617.95 — Violation Of Court Order; Fine And Criminal Penalty.