as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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:
Minnesota Statutes 2006, section 617.23, subdivision 2, is amended to read:
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.
Minnesota Statutes 2006, section 617.23, subdivision 3, is amended to read:
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.
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