HF3308 (Legislative Session 94 (2025-2026))

Civil cause of action established for the nonconsensual removal of a condom, and penalties provided.

Related bill: SF662

AI Generated Summary

Purpose of the Bill

The bill aims to establish a legal avenue for individuals to seek justice and compensation if a condom is removed without their consent during a sexual act. This act of nonconsensual condom removal is formally recognized as "sexual battery."

Main Provisions

  • Definition of Terms:

    • A "condom" is defined as a protective sheath worn on the penis during sex for contraception or infection prevention.
    • "Intimate part" includes sexual organs, anus, groin, buttocks, or female breasts.
    • "Sexual battery" refers to nonconsensual contact involving a sexual organ from which a condom has been removed.
  • Civil Cause of Action:

    • Individuals affected by this specific kind of sexual battery can file a lawsuit for damages. This includes general, special, and punitive damages.
  • Additional Legal Consequences:

    • Courts may impose a civil penalty of up to $10,000 on the perpetrator.
    • Additional restitution may include injunctive relief (court orders that may require the perpetrator to take or refrain from certain actions), court costs, reasonable attorney fees, and other appropriate relief.
  • Protection of Plaintiff Privacy:

    • The courts are required to keep plaintiff filings confidential to protect their privacy.

Significant Changes to Existing Law

This bill adds a new section to Minnesota Statutes, creating a specific cause of action regarding nonconsensual condom removal, which was not previously explicitly covered under Minnesota law. It provides victims with distinct rights and remedies, extending beyond existing legal recourses for sexual misconduct.

Relevant Terms

  • Nonconsensual condom removal
  • Sexual battery
  • Civil cause of action
  • Damages
  • Penalties
  • Confidentiality

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
May 06, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law
May 06, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law