By Email 
 
May 2, 2017 
 
Senate Majority Leader Paul Gazelka 
Senate President Michelle Fischbach 
Senator Warren Limmer 
Senator Jerry Relph 
Senator Mark Johnson 
Senator Bruce Anderson 
 
Senators: 
 
Our opinion as subject matter experts on child abuse and sexual violence has been requested on 
HF 1572/SF 1895 (Grossell, Relph, Anderson, et al). We are writing to ask that you do everything 
in your power to pass—in its entirety or in part—this legislation in this session. Rep. Grossell has 
championed this pro-child, anti-crime legislation tirelessly, and he deserves your support. 
 
I’d like to highlight a few key points: 
 
Stays of Adjudication 
A sex offender’s main weapon is camoflauge. I think you’d agree that wiping clean a sexual 
predator’s criminal record is appalling to the vast majority of citizens. In 2005, at PROTECT’s 
urging, the California legislature eliminated “deferred adjudication” for child sex crimes, and a 
Republican legislature in Minnesota should do no less. If opposition centers around juvenile 
offenders, I would think Rep. Grossell would be amendable to that amendment. 
 
Stays of Imposition 
These stays reduce felony convictions to misdemeanors. In our opinion, “misdemeanor sex crime” 
is an oxymoron. Our review of over 6,000 cases of Criminal Sexual Conduct 1-4  by adults against 
children from 2001-2014 found that Minnesota offenders receive stays of imposition 30% of the 
time. This practice flies in the face of the values of your state and your legislature itself, as 
evidenced by the statutory penalties on your books.  
 
Child Exploitation Material 
Minnesota’s sentencing for child exploitation material (“child pornography”) is, without a close 
second, the weakest in the nation. Ninety percent of possessors and 91% of distributors are 
getting probation, a practice that would simply shock prosecutors across the nation. The 
improvements in this bill were so modest that PROTECT initially declined to support them at all. 
However, we now understand that progress is going to have to be incremental. I don’t believe that 
any of you truly support the existing status quo or would want the record to reflect that you did. 
 
 

Contributions to National Association to Protect Children may be tax-deductible. 

 Probation Caseloads 
Given Minnesota’s heavy reliance on probation and treatment for sexual predators in lieu of 
incapacitation, probation should at least mean something. This bill is attempting some modest but 
innovative measures at enhancing sex offender probation. Low caseloads cost money, but they are 
less expensive than incarceration. If Minnesota is to be the Probation State when it comes to child 
sexual abuse, it should lead the way in improving meaningful community supervision.  
 
The Prosecutorial Discretion Issue 
PROTECT has earned our reputation as pro-prosecutor, and we understand the need for 
prosecutorial discretion. However, we have found over the years that prosecutors will always 
complain as a matter of principle that taking away “tools” will hamper their ability to prosecute 
cases. You, however, are the lawmakers, and setting stronger standards to protect victims of rape 
and abuse is “your lane,” not the county attorneys’. Rep. Grossell and his co-authors are not asking 
to eliminate Stays of Execution. With the changes in this legislation, the criminal justice system 
will adjust and go on without interruption. The same offenders who now bargain for Stays of 
Adjudication or Imposition will adjust their defense strategies to seek Stays of Execution. 
However, you will have made Minnesota safer and gently pushed your county attorneys to drive a 
harder bargain in the process. 
 
 
You should be proud that a freshman Republican lawmaker—a distinguished law enforcement 
officer who clearly has the well-being of children in his heart—has worked hard on legislation so 
important to Minnesota families.  
 
It would be a terrible and cynical civics lesson for all if his bill were to be killed by leaders of his 
own party, without even a good faith effort to amend or compromise.  
 
Sincerely, 
 
 
J. Christian 
CEO 
 
cc:  Linda Walker, Minnesota victim rights advocate 
Rep. Matt Grossell