Minnesota Legislature
HF 1851
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/01/2014 03:47pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to public safety; enhancing penalties for certain repeat criminal sexual
1.3conduct offenders;amending Minnesota Statutes 2012, sections 609.135,
1.4subdivision 2; 609.3451; 609.713.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
1.7 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
1.8other than section609.21, subdivision 1a , paragraph (b) or (c), the stay shall be for not
1.9more than four years or the maximum period for which the sentence of imprisonment
1.10might have been imposed, whichever is longer.
1.11(b) If the conviction is for a gross misdemeanor violation of section169A.20 or,
1.12609.21, subdivision 1a , paragraph (d), or 609.3451, or for a felony described in section
1.13609.21, subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years.
1.14The court shall provide for unsupervised probation for the last year of the stay unless the
1.15court finds that the defendant needs supervised probation for all or part of the last year.
1.16(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
1.17stay shall be for not more than two years.
1.18(d) If the conviction is for any misdemeanor under section169A.20 ;
609.746,
1.19subdivision 1 ;
609.79 ; or
617.23 ; or for a misdemeanor under section
609.2242 or
1.20609.224, subdivision 1
, in which the victim of the crime was a family or household
1.21member as defined in section518B.01 , the stay shall be for not more than two years. The
1.22court shall provide for unsupervised probation for the second year of the stay unless the
1.23court finds that the defendant needs supervised probation for all or part of the second year.
2.1(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
2.2shall be for not more than one year.
2.3(f) The defendant shall be discharged six months after the term of the stay expires,
2.4unless the stay has been revoked or extended under paragraph (g), or the defendant has
2.5already been discharged.
2.6(g) Notwithstanding the maximum periods specified for stays of sentences under
2.7paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
2.8if it finds, at a hearing conducted under subdivision 1a, that:
2.9(1) the defendant has not paid court-ordered restitution in accordance with the
2.10payment schedule or structure; and
2.11(2) the defendant is likely to not pay the restitution the defendant owes before the
2.12term of probation expires.
2.13This one-year extension of probation for failure to pay restitution may be extended by
2.14the court for up to one additional year if the court finds, at another hearing conducted
2.15under subdivision 1a, that the defendant still has not paid the court-ordered restitution
2.16that the defendant owes.
2.17Nothing in this subdivision limits the court's ability to refer the case to collections
2.18under section609.104 .
2.19(h) Notwithstanding the maximum periods specified for stays of sentences under
2.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
2.21years if it finds, at a hearing conducted under subdivision 1c, that:
2.22(1) the defendant has failed to complete court-ordered treatment successfully; and
2.23(2) the defendant is likely not to complete court-ordered treatment before the term of
2.24probation expires.
2.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.26committed on or after that date.
2.27 Sec. 2. Minnesota Statutes 2012, section 609.3451, is amended to read:
2.28609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
2.29 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
2.30in the fifth degree:
2.31(1) if the person engages in nonconsensual sexual contact; or
2.32(2) the person engages in masturbation or lewd exhibition of the genitals in the
2.33presence of a minor under the age of 16, knowing or having reason to know the minor
2.34is present.
3.1For purposes of this section, "sexual contact" has the meaning given in section
3.2609.341, subdivision 11
, paragraph (a), clauses (i) and (iv), but does not include the
3.3intentional touching of the clothing covering the immediate area of the buttocks. Sexual
3.4contact also includes the intentional removal or attempted removal of clothing covering
3.5the complainant's intimate parts or undergarments, and the nonconsensual touching by the
3.6complainant of the actor's intimate parts, effected by the actor, if the action is performed
3.7with sexual or aggressive intent.
3.8 Subd. 2.Penalty Gross misdemeanor. A person convicted under subdivision 1
3.9may be sentenced to imprisonment for not more than one year or to a payment of a fine of
3.10not more than $3,000, or both.
3.11 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to
3.12imprisonment for not more than five years or to payment of a fine of not more than $10,000,
3.13or both, if the person violatessubdivision 1, clause (2), this section within five years after
3.14having been previously convicted ofor adjudicated delinquent for violating subdivision 1,
3.15clause (2); section 609.342, 609.343, 609.344, 609.345, 609.3453,617.23, subdivision 2 ,
3.16clause (1); subdivision 3, or 617.247; or a statute from another state in conformity with
3.17subdivision 1, clause (2), or section
617.23, subdivision 2, clause (1) these sections.
3.18EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.19committed on or after that date.
3.20 Sec. 3. Minnesota Statutes 2012, section 609.713, is amended to read:
3.21609.713TERRORISTIC VIOLENT THREATS.
3.22 Subdivision 1. Threaten violence; intent toterrorize cause extreme fear.
3.23Whoever threatens, directly or indirectly, to commit any crime of violence with purpose
3.24toterrorize cause extreme fear in another or to cause evacuation of a building, place of
3.25assembly, vehicle or facility of public transportation or otherwise to cause serious public
3.26inconvenience, or in a reckless disregard of the risk of causing suchterror extreme fear
3.27 or inconvenience may be sentenced to imprisonment for not more than five years or to
3.28payment of a fine of not more than $10,000, or both. As used in this subdivision, "crime
3.29of violence" has the meaning given "violent crime" in section609.1095, subdivision 1 ,
3.30paragraph (d).
3.31 Subd. 2. Communicates toterrorize cause extreme fear. Whoever communicates
3.32to another with purpose toterrorize cause extreme fear in another or in reckless disregard
3.33of the risk of causing suchterror extreme fear, that explosives or an explosive device or
3.34any incendiary device is present at a named place or location, whether or not the same
4.1is in fact present, may be sentenced to imprisonment for not more than three years or to
4.2payment of a fine of not more than $3,000, or both.
4.3 Subd. 3. Display replica of firearm. (a) Whoever displays, exhibits, brandishes,
4.4or otherwise employs a replica firearm or a BB gun in a threatening manner, may be
4.5sentenced to imprisonment for not more than one year and one day or to payment of a fine
4.6of not more than $3,000, or both, if, in doing so, the person either:
4.7(1) causes or attempts to causeterror extreme fear in another person; or
4.8(2) acts in reckless disregard of the risk of causingterror extreme fear in another
4.9person.
4.10(b) For purposes of this subdivision:
4.11(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
4.12or less in diameter; and
4.13(2) "replica firearm" means a device or object that is not defined as a dangerous
4.14weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol,
4.15revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other
4.16firearm. The term replica firearm includes, but is not limited to, devices or objects that
4.17are designed to fire only blanks.
4.18 Sec. 4. REVISOR'S INSTRUCTION.
4.19In the next edition of Minnesota Statutes, the revisor of statutes shall change
4.20references to "terroristic threats" when that term is referring to Minnesota Statutes, section
4.21609.713, to "violent threats."
1.3conduct offenders;amending Minnesota Statutes 2012, sections 609.135,
1.4subdivision 2; 609.3451; 609.713.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
1.7 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
1.8other than section
1.9more than four years or the maximum period for which the sentence of imprisonment
1.10might have been imposed, whichever is longer.
1.11(b) If the conviction is for a gross misdemeanor violation of section
1.12
1.14The court shall provide for unsupervised probation for the last year of the stay unless the
1.15court finds that the defendant needs supervised probation for all or part of the last year.
1.16(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
1.17stay shall be for not more than two years.
1.18(d) If the conviction is for any misdemeanor under section
1.19subdivision 1
1.21member as defined in section
1.22court shall provide for unsupervised probation for the second year of the stay unless the
1.23court finds that the defendant needs supervised probation for all or part of the second year.
2.1(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
2.2shall be for not more than one year.
2.3(f) The defendant shall be discharged six months after the term of the stay expires,
2.4unless the stay has been revoked or extended under paragraph (g), or the defendant has
2.5already been discharged.
2.6(g) Notwithstanding the maximum periods specified for stays of sentences under
2.7paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
2.8if it finds, at a hearing conducted under subdivision 1a, that:
2.9(1) the defendant has not paid court-ordered restitution in accordance with the
2.10payment schedule or structure; and
2.11(2) the defendant is likely to not pay the restitution the defendant owes before the
2.12term of probation expires.
2.13This one-year extension of probation for failure to pay restitution may be extended by
2.14the court for up to one additional year if the court finds, at another hearing conducted
2.15under subdivision 1a, that the defendant still has not paid the court-ordered restitution
2.16that the defendant owes.
2.17Nothing in this subdivision limits the court's ability to refer the case to collections
2.18under section
2.19(h) Notwithstanding the maximum periods specified for stays of sentences under
2.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
2.21years if it finds, at a hearing conducted under subdivision 1c, that:
2.22(1) the defendant has failed to complete court-ordered treatment successfully; and
2.23(2) the defendant is likely not to complete court-ordered treatment before the term of
2.24probation expires.
2.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.26committed on or after that date.
2.27 Sec. 2. Minnesota Statutes 2012, section 609.3451, is amended to read:
2.28609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
2.29 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
2.30in the fifth degree:
2.31(1) if the person engages in nonconsensual sexual contact; or
2.32(2) the person engages in masturbation or lewd exhibition of the genitals in the
2.33presence of a minor under the age of 16, knowing or having reason to know the minor
2.34is present.
3.1For purposes of this section, "sexual contact" has the meaning given in section
3.3intentional touching of the clothing covering the immediate area of the buttocks. Sexual
3.4contact also includes the intentional removal or attempted removal of clothing covering
3.5the complainant's intimate parts or undergarments, and the nonconsensual touching by the
3.6complainant of the actor's intimate parts, effected by the actor, if the action is performed
3.7with sexual or aggressive intent.
3.8 Subd. 2.
3.9may be sentenced to imprisonment for not more than one year or to a payment of a fine of
3.10not more than $3,000, or both.
3.11 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to
3.12imprisonment for not more than five years or to payment of a fine of not more than $10,000,
3.13or both, if the person violates
3.14having been previously convicted of
3.15clause (2); section 609.342, 609.343, 609.344, 609.345, 609.3453,
3.16
3.17
3.18EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.19committed on or after that date.
3.20 Sec. 3. Minnesota Statutes 2012, section 609.713, is amended to read:
3.21609.713
3.22 Subdivision 1. Threaten violence; intent to
3.23Whoever threatens, directly or indirectly, to commit any crime of violence with purpose
3.24to
3.25assembly, vehicle or facility of public transportation or otherwise to cause serious public
3.26inconvenience, or in a reckless disregard of the risk of causing such
3.27 or inconvenience may be sentenced to imprisonment for not more than five years or to
3.28payment of a fine of not more than $10,000, or both. As used in this subdivision, "crime
3.29of violence" has the meaning given "violent crime" in section
3.30paragraph (d).
3.31 Subd. 2. Communicates to
3.32to another with purpose to
3.33of the risk of causing such
3.34any incendiary device is present at a named place or location, whether or not the same
4.1is in fact present, may be sentenced to imprisonment for not more than three years or to
4.2payment of a fine of not more than $3,000, or both.
4.3 Subd. 3. Display replica of firearm. (a) Whoever displays, exhibits, brandishes,
4.4or otherwise employs a replica firearm or a BB gun in a threatening manner, may be
4.5sentenced to imprisonment for not more than one year and one day or to payment of a fine
4.6of not more than $3,000, or both, if, in doing so, the person either:
4.7(1) causes or attempts to cause
4.8(2) acts in reckless disregard of the risk of causing
4.9person.
4.10(b) For purposes of this subdivision:
4.11(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
4.12or less in diameter; and
4.13(2) "replica firearm" means a device or object that is not defined as a dangerous
4.14weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol,
4.15revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other
4.16firearm. The term replica firearm includes, but is not limited to, devices or objects that
4.17are designed to fire only blanks.
4.18 Sec. 4. REVISOR'S INSTRUCTION.
4.19In the next edition of Minnesota Statutes, the revisor of statutes shall change
4.20references to "terroristic threats" when that term is referring to Minnesota Statutes, section
4.21609.713, to "violent threats."