Minnesota Legislature
HF 3090
1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to crime; modifying crime of stalking;amending Minnesota Statutes
1.32008, section 609.749.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 609.749, is amended to read:
1.6609.749HARASSMENT; STALKING; PENALTIES.
1.7 Subdivision 1. Definition. As used in this section,"harass" "stalking" means
1.8to engage inintentional conduct which: (1) the actor knows or has reason to know
1.9would cause the victim under the circumstances to feel frightened, threatened, oppressed,
1.10persecuted, or intimidated; and(2) causes this reaction on the part of the victim regardless
1.11of the relationship between the actor and victim.
1.12 Subd. 1a. No proof of specific intent required. In a prosecution under this section,
1.13the state is not required to prove that the actor intended to cause the victim to feel
1.14frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise
1.15provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor
1.16intended to cause any other result.
1.17 Subd. 1b. Venue. (a) When acts constituting a violation of this section are
1.18committed in two or more counties, the accused may be prosecuted in any county in which
1.19one of the acts was committed for all acts in violation of this section.
1.20(b) The conduct described in subdivision 2, clause (4), (5), or (8), may be prosecuted
1.21at the place where any call is made or received or, in the case of wireless or electronic
1.22communication or any communication made through any available technologies, where
1.23the actor or victim resides or in the jurisdiction of the victim's designated address if the
1.24victim participates in Safe at Home. The conduct described in subdivision 2, clause (2),
2.1may be prosecuted where the actor or victim resides. The conduct described in subdivision
2.22, clause (6), may be prosecuted where any letter, telegram, message, package, or other
2.3object is sent or received or, in the case of wireless or electronic communication or
2.4communication made through other available technologies, where the actor or victim
2.5resides or in the jurisdiction of the victim's designated address if the victim participates in
2.6Safe at Home.
2.7 Subd. 1c. Arrest. For all violations under this section, except a violation of
2.8subdivision 2, clause (8), a peace officer may make an arrest under the provisions of
2.9section 629.34. A peace officer may not make a warrantless, custodial arrest of any person
2.10for a violation of subdivision 2, clause (8).
2.11 Subd. 2.Harassment and Stalking crimes. (a) A person who harasses stalks
2.12another by committing any of the following acts is guilty of a gross misdemeanor:
2.13(1) directly or indirectly, or through third parties, manifests a purpose or intent to
2.14injure the person, property, or rights of another by the commission of an unlawful act;
2.15(2)stalks, follows, monitors, or pursues another, whether in person or through
2.16any available technological or other means;
2.17(3) returns to the property of another if the actor is without claim of right to the
2.18property or consent of one with authority to consent;
2.19(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
2.20make telephone calls to the actor, whether or not conversation ensues;
2.21(5) makes or causes the telephone of another repeatedly or continuously to ring;
2.22(6) repeatedly mails or delivers or causes the delivery by any means, including
2.23electronically, of letters, telegrams, messages, packages, through assistive devices for
2.24the visually or hearing impaired, or any communication made through any available
2.25technologies or other objects;or
2.26(7) engages in harassment as defined in section 609.748, subdivision 1, paragraph
2.27(a); or
2.28(8) knowingly makes false allegations against a peace officer concerning the
2.29officer's performance of official duties with intent to influence or tamper with the officer's
2.30performance of official duties.
2.31(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at
2.32the place where any call is either made or received or, additionally in the case of wireless
2.33or electronic communication, where the actor or victim resides. The conduct described
2.34in paragraph (a), clause (2), may be prosecuted where the actor or victim resides. The
2.35conduct described in paragraph (a), clause (6), may be prosecuted where any letter,
3.1telegram, message, package, or other object is either sent or received or, additionally in
3.2the case of wireless or electronic communication, where the actor or victim resides.
3.3(c) A peace officer may not make a warrantless, custodial arrest of any person for a
3.4violation of paragraph (a), clause (7).
3.5 Subd. 3. Aggravated violations. (a) A person who commits any of the following
3.6acts is guilty of a felony and may be sentenced to imprisonment for not more than five
3.7years or to payment of a fine of not more than $10,000, or both:
3.8(1) commits any offense described in subdivision 2 because of the victim's or
3.9another's actual or perceived race, color, religion, sex, sexual orientation, disability as
3.10defined in section363A.03 , age, or national origin;
3.11(2) commits any offense described in subdivision 2 by falsely impersonating another;
3.12(3) commits any offense described in subdivision 2 and possesses a dangerous
3.13weapon at the time of the offense;
3.14(4)harasses stalks another, as defined in subdivision 1, with intent to influence or
3.15otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a
3.16judicial officer, as defined in section609.415 , or a prosecutor, defense attorney, or officer
3.17of the court, because of that person's performance of official duties in connection with
3.18a judicial proceeding; or
3.19(5) commits any offense described in subdivision 2 against a victim under the age of
3.2018, if the actor is more than 36 months older than the victim.
3.21(b) A person who commits any offense described in subdivision 2 against a victim
3.22under the age of 18, if the actor is more than 36 months older than the victim, and the act
3.23is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced
3.24to imprisonment for not more than ten years or to payment of a fine of not more than
3.25$20,000, or both.
3.26 Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a
3.27felony who violates any provision of subdivision 2 within ten years of a previous qualified
3.28domestic violence-related offense conviction or adjudication of delinquency, and may
3.29be sentenced to imprisonment for not more than five years or to payment of a fine of
3.30not more than $10,000, or both.
3.31(b) A person is guilty of a felony who violates any provision of subdivision 2 within
3.32ten years of the first of two or more previous qualified domestic violence-related offense
3.33convictions or adjudications of delinquency, and may be sentenced to imprisonment for
3.34not more than ten years or to payment of a fine of not more than $20,000, or both.
3.35 Subd. 5. Pattern ofharassing stalking conduct. (a) A person who engages in
3.36a pattern ofharassing stalking conduct with respect to a single victim or one or more
4.1members of a single household which the actor knows or has reason to know would
4.2cause the victim under the circumstances to feel terrorized or to fear bodily harm and
4.3which does cause this reaction on the part of the victim, is guilty of a felony and may
4.4be sentenced to imprisonment for not more than ten years or to payment of a fine of
4.5not more than $20,000, or both.
4.6(b) For purposes of this subdivision, a "pattern ofharassing stalking conduct" means
4.7two or more acts within a five-year period that violate or attempt to violate the provisions
4.8of any of the following or a similar law of another state, the United States, the District of
4.9Columbia,tribal lands tribe, or United States territories:
4.10(1) this section;
4.11(2) sections 609.185 to 609.205;
4.12(2) (3) section
609.713 ;
4.13(4) section 609.221;
4.14(5) section 609.222;
4.15(6) section 609.223;
4.16(3) (7) section
609.224 ;
4.17(4) (8) section
609.2242 ;
4.18(9) section 609.2247;
4.19(5) (10) section
518B.01, subdivision 14 or 22;
4.20(6) (11) section
609.748, subdivision 6 ;
4.21(7) (12) section
609.605, subdivision 1 , paragraph (b), clauses (3), (4), and (7);
4.22(13) section 609.78, subdivision 2;
4.23(8) (14) section
609.79 ;
4.24(9) (15) section
609.795 ;
4.25(10) (16) section
609.582 ;
4.26(11) (17) section
609.595 ;
4.27(12) (18) section
609.765 ; or
4.28(13) (19) sections
609.342 to
609.3451 .
4.29(c) When acts constituting a violation of this subdivision are committed in two or
4.30more counties, the accused may be prosecuted in any county in which one of the acts was
4.31committed for all acts constituting the pattern.
4.32 Subd. 6. Mental health assessment and treatment. (a) When a person is convicted
4.33of a felony offense under this section, or another felony offense arising out of a charge
4.34based on this section, the court shall order an independent professional mental health
4.35assessment of the offender's need for mental health treatment. The court may waive the
4.36assessment if an adequate assessment was conducted prior to the conviction.
5.1(b) Notwithstanding sections13.384 ,
13.85 ,
144.291 to 144.298 ,
260B.171 , or
5.2260C.171
, the assessor has access to the following private or confidential data on the
5.3person if access is relevant and necessary for the assessment:
5.4(1) medical data under section13.384 ;
5.5(2) welfare data under section13.46 ;
5.6(3) corrections and detention data under section13.85 ;
5.7(4) health records under sections144.291 to 144.298 ; and
5.8(5) juvenile court records under sections260B.171 and
260C.171 .
5.9Data disclosed under this section may be used only for purposes of the assessment and
5.10may not be further disclosed to any other person, except as authorized by law.
5.11(c) If the assessment indicates that the offender is in need of and amenable to mental
5.12health treatment, the court shall include in the sentence a requirement that the offender
5.13undergo treatment.
5.14(d) The court shall order the offender to pay the costs of assessment under this
5.15subdivision unless the offender is indigent under section563.01 .
5.16 Subd. 7. Exception. Conduct is not a crime under this section if it is performed
5.17under terms of a valid license, to ensure compliance with a court order, or to carry out
5.18a specific lawful commercial purpose or employment duty, is authorized or required
5.19by a valid contract, or is authorized, required, or protected by stateor, federal, or tribal
5.20law or the stateor, federal, or tribal constitutions. Subdivision 2, clause (2), does not
5.21impair the right of any individual or group to engage in speech protected by the federal
5.22Constitution, state, or tribal constitutions, the state Constitution, or federal or, state, or
5.23tribal law, including peaceful and lawful handbilling and picketing.
5.24 Subd. 8. Stalking; firearms. (a) When a person is convicted of aharassment or
5.25stalking crime under this section and the court determines that the person used a firearm in
5.26any way during commission of the crime, the court may order that the person is prohibited
5.27from possessing any type of firearm for any period longer than three years or for the
5.28remainder of the person's life. A person who violates this paragraph is guilty of a gross
5.29misdemeanor. At the time of the conviction, the court shall inform the defendant whether
5.30and for how long the defendant is prohibited from possessing a firearm and that it is
5.31a gross misdemeanor to violate this paragraph. The failure of the court to provide this
5.32information to a defendant does not affect the applicability of the firearm possession
5.33prohibition or the gross misdemeanor penalty to that defendant.
5.34(b) Except as otherwise provided in paragraph (a), when a person is convicted of
5.35a stalkingor harassment crime under this section, the court shall inform the defendant
5.36that the defendant is prohibited from possessing a pistol for three years from the date of
6.1conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
6.2of the court to provide this information to a defendant does not affect the applicability of
6.3the pistol possession prohibition or the gross misdemeanor penalty to that defendant.
6.4(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
6.5a pistol if the person has been convicted after August 1, 1996, of a stalkingor harassment
6.6crime under this section, unless three years have elapsed from the date of conviction and,
6.7during that time, the person has not been convicted of any other violation of this section.
6.8Property rights may not be abated but access may be restricted by the courts. A person
6.9who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.
6.10(d) If the court determines that a person convicted of a stalkingor harassment
6.11crime under this section owns or possesses a firearm and used it in any way during the
6.12commission of the crime, it shall order that the firearm be summarily forfeited under
6.13section609.5316, subdivision 3 .
6.14 Sec. 2. REVISOR'S INSTRUCTION.
6.15The revisor of statutes shall make any cross-reference and technical language
6.16changes to Minnesota Statutes made necessary by section 1.
1.32008, section 609.749.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 609.749, is amended to read:
1.6609.749
1.7 Subdivision 1. Definition. As used in this section,
1.8to engage in
1.9would cause the victim under the circumstances to feel frightened, threatened, oppressed,
1.10persecuted, or intimidated; and
1.11of the relationship between the actor and victim.
1.12 Subd. 1a. No proof of specific intent required. In a prosecution under this section,
1.13the state is not required to prove that the actor intended to cause the victim to feel
1.14frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise
1.15provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor
1.16intended to cause any other result.
1.17 Subd. 1b. Venue. (a) When acts constituting a violation of this section are
1.18committed in two or more counties, the accused may be prosecuted in any county in which
1.19one of the acts was committed for all acts in violation of this section.
1.20(b) The conduct described in subdivision 2, clause (4), (5), or (8), may be prosecuted
1.21at the place where any call is made or received or, in the case of wireless or electronic
1.22communication or any communication made through any available technologies, where
1.23the actor or victim resides or in the jurisdiction of the victim's designated address if the
1.24victim participates in Safe at Home. The conduct described in subdivision 2, clause (2),
2.1may be prosecuted where the actor or victim resides. The conduct described in subdivision
2.22, clause (6), may be prosecuted where any letter, telegram, message, package, or other
2.3object is sent or received or, in the case of wireless or electronic communication or
2.4communication made through other available technologies, where the actor or victim
2.5resides or in the jurisdiction of the victim's designated address if the victim participates in
2.6Safe at Home.
2.7 Subd. 1c. Arrest. For all violations under this section, except a violation of
2.8subdivision 2, clause (8), a peace officer may make an arrest under the provisions of
2.9section 629.34. A peace officer may not make a warrantless, custodial arrest of any person
2.10for a violation of subdivision 2, clause (8).
2.11 Subd. 2.
2.12another by committing any of the following acts is guilty of a gross misdemeanor:
2.13(1) directly or indirectly, or through third parties, manifests a purpose or intent to
2.14injure the person, property, or rights of another by the commission of an unlawful act;
2.15(2)
2.16any available technological or other means;
2.17(3) returns to the property of another if the actor is without claim of right to the
2.18property or consent of one with authority to consent;
2.19(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
2.20make telephone calls to the actor, whether or not conversation ensues;
2.21(5) makes or causes the telephone of another repeatedly or continuously to ring;
2.22(6) repeatedly mails or delivers or causes the delivery by any means, including
2.23electronically, of letters, telegrams, messages, packages, through assistive devices for
2.24the visually or hearing impaired, or any communication made through any available
2.25technologies or other objects;
2.26(7) engages in harassment as defined in section 609.748, subdivision 1, paragraph
2.27(a); or
2.28(8) knowingly makes false allegations against a peace officer concerning the
2.29officer's performance of official duties with intent to influence or tamper with the officer's
2.30performance of official duties.
2.31
2.32
2.33
2.34
2.35
3.1
3.2
3.3
3.4
3.5 Subd. 3. Aggravated violations. (a) A person who commits any of the following
3.6acts is guilty of a felony and may be sentenced to imprisonment for not more than five
3.7years or to payment of a fine of not more than $10,000, or both:
3.8(1) commits any offense described in subdivision 2 because of the victim's or
3.9another's actual or perceived race, color, religion, sex, sexual orientation, disability as
3.10defined in section
3.11(2) commits any offense described in subdivision 2 by falsely impersonating another;
3.12(3) commits any offense described in subdivision 2 and possesses a dangerous
3.13weapon at the time of the offense;
3.14(4)
3.15otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a
3.16judicial officer, as defined in section
3.17of the court, because of that person's performance of official duties in connection with
3.18a judicial proceeding; or
3.19(5) commits any offense described in subdivision 2 against a victim under the age of
3.2018, if the actor is more than 36 months older than the victim.
3.21(b) A person who commits any offense described in subdivision 2 against a victim
3.22under the age of 18, if the actor is more than 36 months older than the victim, and the act
3.23is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced
3.24to imprisonment for not more than ten years or to payment of a fine of not more than
3.25$20,000, or both.
3.26 Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a
3.27felony who violates any provision of subdivision 2 within ten years of a previous qualified
3.28domestic violence-related offense conviction or adjudication of delinquency, and may
3.29be sentenced to imprisonment for not more than five years or to payment of a fine of
3.30not more than $10,000, or both.
3.31(b) A person is guilty of a felony who violates any provision of subdivision 2 within
3.32ten years of the first of two or more previous qualified domestic violence-related offense
3.33convictions or adjudications of delinquency, and may be sentenced to imprisonment for
3.34not more than ten years or to payment of a fine of not more than $20,000, or both.
3.35 Subd. 5. Pattern of
3.36a pattern of
4.1members of a single household which the actor knows or has reason to know would
4.2cause the victim under the circumstances to feel terrorized or to fear bodily harm and
4.3which does cause this reaction on the part of the victim, is guilty of a felony and may
4.4be sentenced to imprisonment for not more than ten years or to payment of a fine of
4.5not more than $20,000, or both.
4.6(b) For purposes of this subdivision, a "pattern of
4.7two or more acts within a five-year period that violate or attempt to violate the provisions
4.8of any of the following or a similar law of another state, the United States, the District of
4.9Columbia,
4.10(1) this section;
4.11(2) sections 609.185 to 609.205;
4.12
4.13(4) section 609.221;
4.14(5) section 609.222;
4.15(6) section 609.223;
4.16
4.17
4.18(9) section 609.2247;
4.19
4.20
4.21
4.22(13) section 609.78, subdivision 2;
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32 Subd. 6. Mental health assessment and treatment. (a) When a person is convicted
4.33of a felony offense under this section, or another felony offense arising out of a charge
4.34based on this section, the court shall order an independent professional mental health
4.35assessment of the offender's need for mental health treatment. The court may waive the
4.36assessment if an adequate assessment was conducted prior to the conviction.
5.1(b) Notwithstanding sections
5.3person if access is relevant and necessary for the assessment:
5.4(1) medical data under section
5.5(2) welfare data under section
5.6(3) corrections and detention data under section
5.7(4) health records under sections
5.8(5) juvenile court records under sections
5.9Data disclosed under this section may be used only for purposes of the assessment and
5.10may not be further disclosed to any other person, except as authorized by law.
5.11(c) If the assessment indicates that the offender is in need of and amenable to mental
5.12health treatment, the court shall include in the sentence a requirement that the offender
5.13undergo treatment.
5.14(d) The court shall order the offender to pay the costs of assessment under this
5.15subdivision unless the offender is indigent under section
5.16 Subd. 7. Exception. Conduct is not a crime under this section if it is performed
5.17under terms of a valid license, to ensure compliance with a court order, or to carry out
5.18a specific lawful commercial purpose or employment duty, is authorized or required
5.19by a valid contract, or is authorized, required, or protected by state
5.20law or the state
5.21impair the right of any individual or group to engage in speech protected by the federal
5.22
5.23tribal law, including peaceful and lawful handbilling and picketing.
5.24 Subd. 8. Stalking; firearms. (a) When a person is convicted of a
5.25stalking crime under this section and the court determines that the person used a firearm in
5.26any way during commission of the crime, the court may order that the person is prohibited
5.27from possessing any type of firearm for any period longer than three years or for the
5.28remainder of the person's life. A person who violates this paragraph is guilty of a gross
5.29misdemeanor. At the time of the conviction, the court shall inform the defendant whether
5.30and for how long the defendant is prohibited from possessing a firearm and that it is
5.31a gross misdemeanor to violate this paragraph. The failure of the court to provide this
5.32information to a defendant does not affect the applicability of the firearm possession
5.33prohibition or the gross misdemeanor penalty to that defendant.
5.34(b) Except as otherwise provided in paragraph (a), when a person is convicted of
5.35a stalking
5.36that the defendant is prohibited from possessing a pistol for three years from the date of
6.1conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
6.2of the court to provide this information to a defendant does not affect the applicability of
6.3the pistol possession prohibition or the gross misdemeanor penalty to that defendant.
6.4(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
6.5a pistol if the person has been convicted after August 1, 1996, of a stalking
6.6crime under this section, unless three years have elapsed from the date of conviction and,
6.7during that time, the person has not been convicted of any other violation of this section.
6.8Property rights may not be abated but access may be restricted by the courts. A person
6.9who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.
6.10(d) If the court determines that a person convicted of a stalking
6.11crime under this section owns or possesses a firearm and used it in any way during the
6.12commission of the crime, it shall order that the firearm be summarily forfeited under
6.13section
6.14 Sec. 2. REVISOR'S INSTRUCTION.
6.15The revisor of statutes shall make any cross-reference and technical language
6.16changes to Minnesota Statutes made necessary by section 1.