Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 246

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to crime; repealing laws criminalizing sexual 
  1.3             conduct between or involving consenting adults; making 
  1.4             conforming changes to other laws; amending Minnesota 
  1.5             Statutes 1998, sections 260.015, subdivision 21; 
  1.6             609.131, subdivision 2; 609.153, subdivision 1; 
  1.7             609.322, subdivision 1a; 609.3241; and 609.3242, 
  1.8             subdivision 2; repealing Minnesota Statutes 1998, 
  1.9             sections 609.293; 609.294; 609.324, subdivisions 2, 3, 
  1.10            and 4; 609.34; and 609.36. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 260.015, 
  1.13  subdivision 21, is amended to read: 
  1.14     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  1.15  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  1.16  alcohol offense, a juvenile controlled substance offense, a 
  1.17  violation of section 609.685, or a violation of a local 
  1.18  ordinance, which by its terms prohibits conduct by a child under 
  1.19  the age of 18 years which would be lawful conduct if committed 
  1.20  by an adult.  
  1.21     (b) Except as otherwise provided in paragraph (c), 
  1.22  "juvenile petty offense" also includes an offense that would be 
  1.23  a misdemeanor if committed by an adult.  
  1.24     (c) "Juvenile petty offense" does not include any of the 
  1.25  following: 
  1.26     (1) a misdemeanor-level violation of section 588.20, 
  1.27  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
  1.28  609.79, or 617.23; 
  2.1      (2) a major traffic offense or an adult court traffic 
  2.2   offense, as described in section 260.193; 
  2.3      (3) a misdemeanor-level offense committed by a child whom 
  2.4   the juvenile court previously has found to have committed a 
  2.5   misdemeanor, gross misdemeanor, or felony offense; or 
  2.6      (4) a misdemeanor-level offense committed by a child whom 
  2.7   the juvenile court has found to have committed a 
  2.8   misdemeanor-level juvenile petty offense on two or more prior 
  2.9   occasions, unless the county attorney designates the child on 
  2.10  the petition as a juvenile petty offender notwithstanding this 
  2.11  prior record.  As used in this clause, "misdemeanor-level 
  2.12  juvenile petty offense" includes a misdemeanor-level offense 
  2.13  that would have been a juvenile petty offense if it had been 
  2.14  committed on or after July 1, 1995.  
  2.15     (d) A child who commits a juvenile petty offense is a 
  2.16  "juvenile petty offender." 
  2.17     Sec. 2.  Minnesota Statutes 1998, section 609.131, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does 
  2.20  not apply to a misdemeanor violation of section 169.121; 
  2.21  609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 
  2.22  617.23, or an ordinance that conforms in substantial part to any 
  2.23  of those sections.  A violation described in this subdivision 
  2.24  must be treated as a misdemeanor unless the defendant consents 
  2.25  to the certification of the violation as a petty misdemeanor. 
  2.26     Sec. 3.  Minnesota Statutes 1998, section 609.153, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [APPLICATION.] This section applies to the 
  2.29  following misdemeanor-level crimes:  sections 609.324 
  2.30  (prostitution); 609.546 (motor vehicle tampering); 609.595 
  2.31  (damage to property); and 609.66 (dangerous weapons); and 
  2.32  violations of local ordinances prohibiting the unlawful sale or 
  2.33  possession of controlled substances. 
  2.34     Sec. 4.  Minnesota Statutes 1998, section 609.322, 
  2.35  subdivision 1a, is amended to read: 
  2.36     Subd. 1a.  [OTHER OFFENSES.] Whoever, while acting other 
  3.1   than as a prostitute or patron, intentionally does any of the 
  3.2   following may be sentenced to imprisonment for not more than 15 
  3.3   years or to payment of a fine of not more than $30,000, or both: 
  3.4      (1) solicits or induces an individual who is at least 16 
  3.5   but under 18 years of age to practice prostitution; or 
  3.6      (2) promotes the prostitution of an individual who is at 
  3.7   least 16 but under 18 years of age; or 
  3.8      (3) receives profit, knowing or having reason to know that 
  3.9   it is derived from the prostitution, or the promotion of the 
  3.10  prostitution, of an individual who is at least 16 but under 18 
  3.11  years of age. 
  3.12     Sec. 5.  Minnesota Statutes 1998, section 609.3241, is 
  3.13  amended to read: 
  3.14     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
  3.15     When a court sentences an adult convicted of violating 
  3.16  section 609.322 or 609.324, while acting other than as a 
  3.17  prostitute, the court shall impose an assessment of not less 
  3.18  than $250 and not more than $500 for a violation of section 
  3.19  609.324, subdivision 2, or a misdemeanor violation of section 
  3.20  609.324, subdivision 3; otherwise the court shall impose an 
  3.21  assessment of not less than $500 and not more than $1,000.  The 
  3.22  mandatory minimum portion of the assessment is to be used for 
  3.23  the purposes described in section 626.558, subdivision 2a, and 
  3.24  is in addition to the surcharge required by section 357.021, 
  3.25  subdivision 6.  Any portion of the assessment imposed in excess 
  3.26  of the mandatory minimum amount shall be forwarded to the 
  3.27  general fund and is appropriated annually to the commissioner of 
  3.28  corrections.  The commissioner, with the assistance of the 
  3.29  general crime victims advisory council, shall use money received 
  3.30  under this section for grants to agencies that provide 
  3.31  assistance to individuals who have stopped or wish to stop 
  3.32  engaging in prostitution.  Grant money may be used to provide 
  3.33  these individuals with medical care, child care, temporary 
  3.34  housing, and educational expenses. 
  3.35     Sec. 6.  Minnesota Statutes 1998, section 609.3242, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [INCREASED PENALTIES.] Any person who commits a 
  4.2   violation of section 609.324 while acting other than as a 
  4.3   prostitute while in a school or park zone may be sentenced as 
  4.4   follows: 
  4.5      (1) if the crime committed is a felony, the statutory 
  4.6   maximum for the crime is three years longer than the statutory 
  4.7   maximum for the underlying crime; and 
  4.8      (2) if the crime committed is a gross misdemeanor, the 
  4.9   person is guilty of a felony and may be sentenced to 
  4.10  imprisonment for not more than two years or to payment of a fine 
  4.11  of not more than $4,000, or both; and 
  4.12     (3) if the crime committed is a misdemeanor, the person is 
  4.13  guilty of a gross misdemeanor. 
  4.14     Sec. 7.  [REPEALER.] 
  4.15     Minnesota Statutes 1998, sections 609.293; 609.294; 
  4.16  609.324, subdivisions 2, 3, and 4; 609.34; and 609.36, are 
  4.17  repealed. 
  4.18     Sec. 8.  [EFFECTIVE DATE.] 
  4.19     Sections 1 to 7 are effective August 1, 1999, and apply to 
  4.20  acts committed on or after that date.