Sentencing Guidelines Commission adds "age deception" as an aggravating factor tied to new statute

The Sentencing Guidelines Commission voted unanimously June 4 to add an "age deception" aggravating factor to the state guidelines, reflecting a new session law that lets judges consider when an adult intentionally deceives a minor into believing the adult is also a minor in order to facilitate a crime.

Director Wrights, presenting the conforming change, said staff viewed the statute as strongly signaling that the commission should add the factor to the guidelines: "Our recommendation is basically it sounds to us like the legislature strongly suggesting that the commission add this as an aggravating factor to the sentencing guidelines." The adopted text omits the word "offender" in one place to match guideline style, but the motion also includes a reference to "as described in Minnesota statute section 609.099." Commissioner Lad moved the change and the commission approved it unanimously.

Why it matters: the amendment tells sentencing judges they may treat an adult who impersonated a minor to facilitate a crime against a minor as a circumstance that can increase a sentence, bringing the guidance in the Sentencing Guidelines into closer alignment with the new statutory language. Commissioners debated whether to mirror the statutory wording exactly; some members raised concerns about litigation and the difference between terms such as "impersonating" and "intentionally deceiving." The commission resolved those concerns by shortening the guideline language and keeping the statutory citation in place.

The commission will publish the preliminary guideline language and take public comment at a July public hearing before finalizing the change.

Next steps: the amendment will be posted for the required public‑hearing period; the commission is scheduled to take final action on published changes during its July meeting sequence.