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HF 741

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to crimes; prohibiting a caregiver from performing indecent exposure
in the presence of a vulnerable adult; imposing criminal penalties; amending
Minnesota Statutes 2006, section 617.23, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 617.23, subdivision 2, is amended to read:


Subd. 2.

Gross misdemeanor.

A person who commits any of the following acts is
guilty of a gross misdemeanor:

(1) the person violates subdivision 1 in the presence of a minor under the age of 16; deleted text begin or
deleted text end

(2) new text begin the person is a caregiver, as defined in section 609.232, subdivision 2, and
violates subdivision 1 in the presence of a vulnerable adult, as defined in section 609.232,
subdivision 11; or
new text end

new text begin (3) new text end the person violates subdivision 1 after having been previously convicted of
violating subdivision 1, sections 609.342 to 609.3451, or a statute from another state
in conformity with any of those sections.

Sec. 2.

Minnesota Statutes 2006, section 617.23, subdivision 3, is amended to read:


Subd. 3.

Felony.

A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both, if:

(1) the person violates subdivision 2, clause (1), after having been previously
convicted of or adjudicated delinquent for violating subdivision 2, clause (1) new text begin or (2)new text end ;
section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity
with subdivision 2, clause (1) new text begin or (2)new text end , or section 609.3451, subdivision 1, clause (2); or

(2) the person commits a violation of subdivision 1, clause (1), in the presence
of another person while intentionally confining that person or otherwise intentionally
restricting that person's freedom to move.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2007, and apply to crimes committed on or
after that date.
 new text end