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HF 1442

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 06/09/2022 12:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to the military; modifying the Minnesota Code of Military Justice; making
changes to data provisions; modifying certain requirements and qualifications;
making jurisdictional and appellate changes; providing punitive article updates;
providing punishable offenses under the military code; providing penalties;
amending Minnesota Statutes 2020, sections 192.67; 192A.02, subdivision 2;
192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2;
192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision
2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 606.06; proposing coding
for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes
2020, section 192A.385.

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

ARTICLE 1

DATA ACCESS

Section 1.

Minnesota Statutes 2020, section 192.67, is amended to read:


192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIESnew text begin; SERVICE
MEMBER DATA
new text end.

new text begin Subdivision 1. new text end

new text begin Transfer to civil authorities. new text end

When any deleted text beginfelonydeleted text endnew text begin criminal offensenew text end is
committed by any officer or enlisted member of the military forces while on duty status
other than deleted text beginactive statedeleted text endnew text begin federalnew text end duty, the officer or enlisted member shall be turned over by
superior officers to the proper civil authorities of the county or municipality in which the
offense occurred for punishment for such crime, but such trial and punishment by the civil
authorities shall not preclude trial and additional punishment or dismissal from the service
by court-martial for any military offense resulting from the commission of said crime.

new text begin Subd. 2. new text end

new text begin Service member data. new text end

new text begin Notwithstanding any provision of chapter 13 or other
state law, all investigative reports and law enforcement data, including but not limited to
all data collected and defined under section 13.82 pertaining to any service member of the
military forces must be made accessible to the adjutant general of the Minnesota National
Guard upon request of the Office of the State Judge Advocate. All information, data, and
records obtained under this subdivision may be accessed, copied, transmitted, or provided
to the adjutant general without a court order or request from the subject of the data when
the matter involves any officer or enlisted member of the military forces. The adjutant
general may only use data made accessible under this subdivision in support of military
justice and Minnesota National Guard administrative and disciplinary actions.
new text end

ARTICLE 2

BAR ADMISSION; JUDICIAL QUALIFICATIONS

Section 1.

new text begin [192A.041] PRACTICE OF MILITARY LAW.
new text end

new text begin Any commissioned officer of a United States state or territory military force who meets
the following qualifications may be accepted by the state judge advocate to conduct any
and all administrative or Minnesota Code of Military Justice activities under this code and
is exempt from section 481.02:
new text end

new text begin (1) has served as a member of the Judge Advocate Generals Corps for not less than two
years;
new text end

new text begin (2) is currently certified as competent for such duty by the Judge Advocate General of
the military force of which the individual is a member; and
new text end

new text begin (3) is a member of good standing of the bar of the highest court of any state.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.15, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

There is hereby established a military judge system for
the deleted text beginstatedeleted text end military forces. The military judge system shall be in the Military Department
under the command of the adjutant general. It shall consist of at least two military judges,
a number of legal clerks equal to the number of judges and such additional military staff as
is necessary.

Sec. 3.

Minnesota Statutes 2020, section 192A.15, subdivision 2, is amended to read:


Subd. 2.

Qualifications of military judge.

A military judge shall be a commissioned
officer of the state military forces who has been a member of the bar of deleted text beginthisdeleted text endnew text begin anynew text end state for at
least six years, who has served as a member of the Judge Advocate Generals Corps for not
less than three years, deleted text beginanddeleted text end who is certified to be qualified for such duty by the deleted text beginstatedeleted text end Judge
Advocatenew text begin General of the armed force of which the officer is a member, and who is accepted
by the state judge advocate to conduct any and all administrative or Minnesota Code of
Military Justice activities under this code
new text end.

Sec. 4.

Minnesota Statutes 2020, section 192A.155, subdivision 2, is amended to read:


Subd. 2.

Qualifications of counsel.

Trial counsel or defense counsel detailed for a
general, special, or summary court-martial:

(1) must be a person who is a member of the bar of the highest court of deleted text beginthedeleted text endnew text begin anynew text end state, or
a member of the bar of a federal court; and

(2) must be certified as competent to perform such duties by the deleted text beginstatedeleted text end Judge Advocatenew text begin
General of the armed force of which the individual is a member
new text end.

ARTICLE 3

JURISDICTION CHANGES

Section 1.

Minnesota Statutes 2020, section 192A.02, subdivision 2, is amended to read:


Subd. 2.

Military service deleted text beginin Minnesotadeleted text end.

This code deleted text beginalsodeleted text end applies deleted text beginto all persons in the
military while they are serving within this state and while they are under the command of
a commissioned officer of the state military forces.
deleted text endnew text begin to a member of the military when the
member is in a status provided for by United States Code, title 32, a regulation adopted
pursuant to United States Code, title 32, or in state active service. This military service
includes:
new text end

new text begin (1) travel to and from the inactive-duty training site of the member, pursuant to orders
or regulations;
new text end

new text begin (2) intervals between consecutive periods of inactive-duty training on the same day,
pursuant to orders or regulations; and
new text end

new text begin (3) intervals between inactive-duty training on consecutive days, pursuant to orders or
regulations.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.384, is amended to read:


192A.384 OFFENSES SUBJECT TO COURT-MARTIAL.

The jurisdiction of courts-martial deleted text beginshall bedeleted text endnew text begin under this code isnew text end limited to violations of the
punitive articles deleted text beginin this codedeleted text endnew text begin prescribed by the manual for courts-martial of the United States,
assimilated under any Minnesota state law as referenced under section 192A.605, or by the
Minnesota Code of Military Justice
new text end. Any person subject to this code who is charged with
the commission of an offense which is not an offense under this code new text beginor the manual for
courts-martial of the United States
new text endmay be surrendered to civil authorities for process in
accordance with civil law.

ARTICLE 4

TRIAL PROCEDURE

Section 1.

Minnesota Statutes 2020, section 192A.20, is amended to read:


192A.20 GOVERNOR MAY PRESCRIBE RULES.

The procedure, including modes of proof, in cases before military courts and other
military tribunals new text beginorganized under this code new text endmay be prescribed by the governor or the
adjutant general by rules, which shall, so far as the governor or the adjutant general considers
practicable, apply the principles of law and the rules of evidence generally recognized in
the deleted text begintrial of criminal cases in the courts of the statedeleted text endnew text begin manual for courts-martial of the United
States
new text end, but which may not be contrary to or inconsistent with this code.

Sec. 2.

Minnesota Statutes 2020, section 192A.235, subdivision 3, is amended to read:


Subd. 3.

Three-year limitation.

Except as otherwise provided in subdivision 1, and
section 628.26, a person charged with any offense is not liable to be tried by court-martial
or punished under section 192A.0851 if the offense was committed more than three years
before the receipt of sworn charges and specifications by an officer exercising court-martial
jurisdiction over the command or before the imposition of punishment under section
192A.0851.new text begin The limitation for violations of any offense prescribed under this section shall
be the lesser of the limitation prescribed by the manual for courts-martial of the United
States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance
shall any limitation exceed that authorized by this code.
new text end

ARTICLE 5

SENTENCES

Section 1.

Minnesota Statutes 2020, section 192A.343, subdivision 3, is amended to read:


Subd. 3.

Action on findings.

(a) The authority under this section to modify the findings
and sentence of a court-martial is a matter of command prerogative involving the sole
discretion of the convening authority. If it is impractical for the convening authority to act,
the convening authority shall forward the case to a person exercising general court-martial
jurisdiction who may take action under this section.

(b) Action on the sentence of a court-martial shall be taken by the convening authority.
The action may be taken only after the consideration of any matters submitted by the accused
under subdivision 2 or after the time for submitting the matter expires, whichever is earlier.
The convening authority, in that person's sole discretion, may approve, disapprove, commute,
or suspend the sentence in whole or in part.

(c) Action on the findings of a court-martial by the convening authority or other person
acting on the sentence is not required. However, such person, in the person's sole discretion,
may:

(1) dismiss any charge or specification by setting aside a finding of guilty; or

(2) change a finding of guilty to a charge or specification to a finding of guilty to an
offense that is a lesser included offense of the offense stated in the charge or specification.

new text begin (d) The convening authority or other person acting under this section shall issue a final
order at the conclusion of the court-martial proceeding, including any proceeding in revision,
rehearing, and reconsideration under subdivision 5. The final order shall be promptly served
on the accused.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.353, subdivision 2, is amended to read:


Subd. 2.

Appeal forwarded.

An appeal under this section shall deleted text beginbe forwarded to the
court
deleted text endnew text begin proceed asnew text end prescribed in section 192A.371. In ruling on an appeal under this section,
that court may act only with respect to matters of law.

Sec. 3.

Minnesota Statutes 2020, section 192A.371, is amended to read:


192A.371 REVIEW BY STATE APPELLATE AUTHORITY.

new text begin Subdivision 1. new text end

new text begin Certiorari. new text end

deleted text begin Decisions of a special or general courts-martial may be
appealed to the Minnesota Court of Appeals according to the Minnesota Rules of Criminal
and Appellate Procedure.
deleted text end new text begin (a) A review of any final order of a special or general court-martial
proceeding may be had upon certiorari by the supreme court upon petition of any party to
the proceeding. The review may be had on the ground that: (1) the court-martial was without
jurisdiction, or (2) the findings of the court-martial and the final order of the convening
authority: (i) were not justified by the evidence; (ii) were not in conformity with this code,
military law or other law applicable to the proceedings, or the Classified Information
Procedures Act; or (iii) were affected by any other error of law.
new text end

new text begin (b) A writ of certiorari for review under this section is a matter of right.
new text end

new text begin Subd. 2. new text end

new text begin Service of writ. new text end

new text begin (a) Within 60 days after notice of the final order of a
court-martial proceeding, the petitioner for review shall obtain from the supreme court a
writ of certiorari, shall serve the same upon all other parties appearing in the court-martial
proceeding, and shall file the original writ of certiorari and proof of service with the court
administrator of the court-martial. No fee or bond is required for either obtaining a writ of
certiorari or the associated filings required under this paragraph.
new text end

new text begin (b) Return upon the writ shall be made to the supreme court and the matter shall be heard
and determined by the court in accordance with the rules of civil appellate procedure
applicable to decisions reviewable by certiorari directly in the supreme court.
new text end

Sec. 4.

Minnesota Statutes 2020, section 606.06, is amended to read:


606.06 CERTIORARIdeleted text begin; ADMINISTRATIVE DECISIONSdeleted text end.

A writ of certiorari for review of an administrative decision pursuant to chapter 14new text begin or
of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to
this code
new text end is a matter of right.

ARTICLE 6

PUNITIVE ARTICLES UPDATES

Section 1.

Minnesota Statutes 2020, section 192A.021, is amended to read:


192A.021 PURELY MILITARY OFFENSES.

new text begin (a) new text endPurely military offenses include the offenses contained in the following sections:
192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41
(Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or
separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43
(Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445
(Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer),
192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46
(Insubordinate conduct toward warrant officer or noncommissioned officer), 192A.465
(Failure to obey order or rule), 192A.47 (Cruelty and maltreatment), 192A.475 (Mutiny or
sedition), 192A.48 (Resistance, breach of arrest, and escape), 192A.495 (Noncompliance
with procedural rules), 192A.50 (Misbehavior before the enemy), 192A.51 (Improper use
of countersign), 192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54
(Military property; loss, damage, destruction, or wrongful disposition), 192A.55 (Improper
hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post before relief),
new text begin 192A.566 (Illegal presence of controlled substance while in duty status), new text end192A.57
(Malingering), 192A.60 (Conduct unbecoming an officer), deleted text beginanddeleted text end 192A.605 (General article)new text begin,
192A.70 (Prohibited activities with military recruit or trainee by person in a position of
special trust), 192A.701 (Nonconsensual distribution of intimate images), 192A.703
(Unauthorized use of government computer), and 192A.704 (Retaliation)
new text end.

new text begin (b) Upon request of the governor or the adjutant general, the superintendent of the Bureau
of Criminal Apprehension shall investigate military offenses or any other act or omission
under this code within the jurisdiction of the military courts and tribunals.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.111, is amended to read:


192A.111 MAXIMUM LIMITS.

Subdivision 1.

Punishment limits.

The punishment deleted text beginthat a court-martial may direct for
an offense may not exceed limits prescribed by this code.
deleted text endnew text begin for a violation of this code is
limited to the lesser of the sentence prescribed by the manual for courts-martial of the United
States in effect at the time of the offense or the state manual for courts-martial, but in no
instance shall any punishment exceed that authorized by this code. A court-martial sentence
must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of
death.
new text end

Subd. 2.

Level of offense.

(a) deleted text beginSubject to paragraphs (b) and (c),deleted text end new text beginA conviction by general
court-martial of any military offense for which an accused may receive a sentence of
confinement for more than one year is a felony offense.
new text endAll new text beginother new text endmilitary offenses are
misdemeanorsdeleted text begin, and a sentence of confinement must not exceed 90 daysdeleted text end.

(b) In cases where the civilian authorities decline to prosecute and court-martial
jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level
of offense and punishment new text beginthat new text enda court-martial is authorized is defined by the level of offense
and punishments authorized under deleted text beginthe statutedeleted text endnew text begin any Minnesota state law or the manual for
courts-martial of the United States
new text end for the assimilated crime.

(c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary
loss of new text beginless than new text end$1,000 deleted text beginor moredeleted text end, confinement deleted text beginmust not exceed ten years. A sentence of
confinement for more than one year is a felony offense
deleted text endnew text begin shall be limited to that prescribed
by a special court-martial
new text end.

(d) Any conviction by a summary courts-martial is not a criminal conviction.

deleted text begin (e) The limits of punishment for violations of the purely military offenses prescribed
under this section shall be the lesser of the sentences prescribed by the manual for
courts-martial of the United States, and the state manual for courts-martial, but in no instance
shall any punishment exceed that authorized by this code.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 192A.56, is amended to read:


192A.56 UNDER THE INFLUENCE OF ALCOHOL new text beginOR CONTROLLED
SUBSTANCE
new text endWHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE
RELIEF.

Any person subject to this code who is found to be under the influence of alcohol new text beginor a
controlled substance as defined in section 192A.566 without a valid medical prescription
new text end while on duty or sleeping upon an assigned post, or who leaves that post before being
regularly relieved, shall be punished as a court-martial may direct.

Sec. 4.

Minnesota Statutes 2020, section 192A.612, is amended to read:


192A.612 SEARCH WARRANTS.

deleted text begin During any period of active service under section 190.05, subdivision 5a or 5b,deleted text end A military
judge is authorized to issue search warrants, directed to a member of the military police of
the state military forcesnew text begin or any peace officer defined under section 626.05new text end, to search any
person, place, deleted text beginor vehicle within the confines of the property or premises being used for such
active service or any person or vehicle pursued therefrom
deleted text endnew text begin item or property when there is
probable cause that a member of the state military forces has committed an offense subject
to either concurrent or exclusive military jurisdiction during a period of active service as
defined in section 190.05, subdivisions 5a and 5b, and seize items in accordance with law
new text end.
No search warrant shall be issued except upon probable cause, supported by affidavit or
sworn testimony naming and describing the person and particularly describing the property
or thing to be seized and particularly describing the place to be searched.

Sec. 5.

Minnesota Statutes 2020, section 192A.62, is amended to read:


192A.62 SECTIONS TO BE EXPLAINED.

Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.0851,
192A.155, 192A.205, deleted text begin192A.385deleted text endnew text begin 192A.39new text end to 192A.595, and 192A.62 to 192A.63 shall be
carefully explained to every enlisted member at the time of the member's enlistment or
transfer or induction into, or at the time of the member's order to duty in or with any of the
state military forces or within 30 days thereafter. They shall also be explained annually to
each unit of the state military forces. A complete text of this code and of the rules prescribed
by the governor thereunder shall be made available to any member of the state military
forces, upon the member's request, for personal examination. Failure to provide briefings
to soldiers or otherwise explain this code to soldiers shall not be a defense to a court-martial
proceeding, except as mitigation in sentencing.

Sec. 6.

new text begin [192A.70] PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR
TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Applicant for military service" means a person who, under regulations prescribed
by the secretary concerned, the Minnesota National Guard authority, or designee concerned,
is an applicant for original enlistment or appointment in the armed forces.
new text end

new text begin (2) "Military recruiter" means a person who, under regulations prescribed by the secretary
concerned, has the primary duty to recruit persons for military service.
new text end

new text begin (3) "Prohibited sexual activity" means, as specified in regulations prescribed by the
secretary concerned, the Minnesota National Guard authority, or designee concerned,
inappropriate physical intimacy under circumstances described in such regulations.
new text end

new text begin (4) "Specially protected junior member of the armed forces" means:
new text end

new text begin (i) a member of the armed forces who is assigned to, or is awaiting assignment to, basic
training or other initial active duty for training, including a member who is enlisted under
a delayed entry program;
new text end

new text begin (ii) a member of the armed forces who is a cadet, an officer candidate, or a student in
any other officer qualification program; and
new text end

new text begin (iii) a member of the armed forces in any program that, by regulation prescribed by the
secretary concerned or a Minnesota National Guard authority, or designee concerned, is
identified as a training program for initial career qualification.
new text end

new text begin (5) "Training leadership position" means, with respect to a specially protected junior
member of the armed forces, any of the following:
new text end

new text begin (i) any drill instructor position or other leadership position in a basic training program,
an officer candidate school, a reserve officers' training corps unit, a training program for
entry into the armed forces, or any program that, by regulation prescribed by the secretary
concerned, is identified as a training program for initial career qualification; and
new text end

new text begin (ii) faculty and staff of the United States Military Academy, the United States Naval
Academy, the United States Air Force Academy, the United States Coast Guard Academy,
and the Minnesota National Guard Regional Training Institute.
new text end

new text begin Subd. 2. new text end

new text begin Abuse of training leadership position. new text end

new text begin Any person subject to this code:
new text end

new text begin (1) who is an officer or a noncommissioned officer;
new text end

new text begin (2) who is in a training leadership position with respect to a specially protected junior
member of the armed forces; and
new text end

new text begin (3) who engages in prohibited sexual activity with the specially protected junior member
of the armed forces;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

new text begin Subd. 3. new text end

new text begin Abuse of position as military recruiter. new text end

new text begin Any person subject to this code:
new text end

new text begin (1) who is a military recruiter and engages in prohibited sexual activity with an applicant
for military service; or
new text end

new text begin (2) who is a military recruiter and engages in prohibited sexual activity with a specially
protected junior member of the armed forces who is enlisted under a delayed entry program;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

new text begin Subd. 4. new text end

new text begin Consent. new text end

new text begin Consent is not a defense for any conduct at issue in a prosecution
under this section.
new text end

Sec. 7.

new text begin [192A.701] NONCONSENSUAL DISTRIBUTION OF INTIMATE IMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Broadcast" means to electronically transmit a visual image with the intent that it be
viewed by a person or persons.
new text end

new text begin (2) "Distribute" means to deliver to the actual or constructive possession of another
person, including transmission by mail or electronic means.
new text end

new text begin (3) "Intimate visual image" means a visual image that depicts a private area of a person.
new text end

new text begin (4) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female
areola or nipple.
new text end

new text begin (5) "Reasonable expectation of privacy" means circumstances in which a reasonable
person would believe that a private area of the person, or sexually explicit conduct involving
the person, would not be visible to the public.
new text end

new text begin (6) "Sexually explicit conduct" means actual or simulated genital-genital contact,
oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of
the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.
new text end

new text begin (7) "Visual image" means:
new text end

new text begin (i) any developed or undeveloped photograph, picture, film, or video;
new text end

new text begin (ii) any digital or computer image, picture, film, or video made by any means or
transmitted by any means, including streaming media, even if not stored in a permanent
format; or
new text end

new text begin (iii) any digital or electronic data capable of conversion into a visual image.
new text end

new text begin Subd. 2. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code:
new text end

new text begin (1) who knowingly and wrongfully broadcasts or distributes an intimate visual image
of another person or a visual image of sexually explicit conduct involving a person who:
new text end

new text begin (i) is at least 18 years of age at the time the intimate visual image or visual image of
sexually explicit conduct was created;
new text end

new text begin (ii) is identifiable from the intimate visual image or visual image of sexually explicit
conduct itself, or from information displayed in connection with the intimate visual image
or visual image of sexually explicit conduct; and
new text end

new text begin (iii) does not explicitly consent to the broadcast or distribution of the intimate visual
image or visual image of sexually explicit conduct;
new text end

new text begin (2) who knows that the intimate visual image or visual image of sexually explicit conduct
was made under circumstances in which the person depicted in the intimate visual image
or visual image of sexually explicit conduct retained a reasonable expectation of privacy
regarding any broadcast or distribution of the intimate visual image or visual image of
sexually explicit conduct;
new text end

new text begin (3) who possesses the intent to broadcast or distribute an intimate visual image or visual
image of sexually explicit conduct:
new text end

new text begin (i) to cause harm, harassment, intimidation, emotional distress, or financial loss for the
person depicted in the intimate visual image or visual image of sexually explicit conduct;
or
new text end

new text begin (ii) to harm substantially the depicted person with respect to that person's health, safety,
business, calling, career, financial condition, reputation, or personal relationships; and
new text end

new text begin (4) whose conduct, under the circumstances, had a reasonably direct and palpable
connection to a military mission or military environment;
new text end

new text begin is guilty of wrongful distribution of intimate visual images or visual images of sexually
explicit conduct and shall be punished as a court-martial may direct.
new text end

Sec. 8.

new text begin [192A.702] FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS,
AND OTHER ACCESS DEVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code who knowingly, with
intent to defraud, uses:
new text end

new text begin (1) a stolen credit card, debit card, or other access device;
new text end

new text begin (2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access
device; or
new text end

new text begin (3) a credit card, debit card, or other access device without the authorization of a person
whose authorization was required for use, including a government purchase card or
government travel card without conforming to the published federal or Minnesota National
Guard procedures at the time of use;
new text end

new text begin to obtain money, property, services, or anything else of value shall be punished as a
court-martial may direct.
new text end

new text begin Subd. 2. new text end

new text begin Access device defined. new text end

new text begin As used in this section, "access device" has the meaning
given in United States Code, title 18, section 1029.
new text end

Sec. 9.

new text begin [192A.703] UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Computer" has the meaning given in United States Code, title 18, section 1030.
new text end

new text begin (2) "Damage" has the meaning given in United States Code, title 18, section 1030.
new text end

new text begin (3) "Government computer" means a computer owned or operated by or on behalf of
the United States government or the state of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code who:
new text end

new text begin (1) knowingly accesses a government computer with an unauthorized purpose and by
doing so obtains classified information, with reason to believe the information could be
used to the injury of the United States or the state of Minnesota or to the advantage of any
foreign nation, and intentionally communicates, delivers, or transmits or causes to be
communicated, delivered, or transmitted the information to any person not entitled to receive
it;
new text end

new text begin (2) intentionally accesses a government computer with an unauthorized purpose and
thereby obtains classified or other protected information from any government computer;
or
new text end

new text begin (3) knowingly causes the transmission of a program, information, code, or command,
and as a result intentionally causes damage without authorization to a government computer;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

Sec. 10.

new text begin [192A.704] RETALIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Covered individual or organization" means any recipient of a communication
specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
new text end

new text begin (2) "Inspector general" has the meaning given in United States Code, title 10, section
1034(j).
new text end

new text begin (3) "Protected communication" means:
new text end

new text begin (i) a lawful communication to a member of Congress, a state legislator, or an inspector
general; and
new text end

new text begin (ii) a communication to a covered individual or organization, to include the Office of
the Governor, in which a member of the armed forces complains of, or discloses information
that the member reasonably believes constitutes evidence of any of the following:
new text end

new text begin (A) a violation of law or regulation, including a law or regulation prohibiting sexual
harassment or unlawful discrimination; or
new text end

new text begin (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety.
new text end

new text begin Subd. 2. new text end

new text begin Crimes defined. new text end

new text begin Any person subject to this code who, with the intent to retaliate
against any person for reporting or planning to report a criminal offense, or making or
planning to make a protected communication, or with the intent to discourage any person
from reporting a criminal offense or making or planning to make a protected communication:
new text end

new text begin (1) wrongfully takes or threatens to take an adverse personnel action against any person;
or
new text end

new text begin (2) wrongfully withholds or threatens to withhold a favorable personnel action with
respect to any person;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

Sec. 11. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify the following sections in article 6: sections 6 to 10,
recodify Minnesota Statutes, section 192A.70 as 192A.6011; section 192A.701 as 192A.6012;
section 192A.702 as section 192A.6013; section 192A.703 as section 192A.6014; and
section 192A.704 as section 192A.6015. The revisor shall correct any cross-references made
necessary by this recodification.
new text end

Sec. 12. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 192A.385, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1442-1

192A.385 PERSONS TO BE TRIED OR PUNISHED.

Subdivision 1.

Duty status required.

No person may be tried or punished for any offense provided for in sections 192A.39 to 192A.605 unless it was committed while that person was in a duty status as a member of the state military forces not in federal active service.

Subd. 2.

Determination.

Duty status may extend to any soldier while acting in the line of duty or during any consecutive duty periods. Consecutive duty periods run from the time the soldier is required to be at the assigned duty station until the soldier is dismissed from duty. Duty status may be determined by weighing factors including, but not limited to, whether the soldier:

(1) is in uniform;

(2) is attending a unit endorsed event;

(3) is drilling in excess of 50 miles from the soldier's normal duty station;

(4) is involved in an activity which is service-connected;

(5) has been released versus dismissed from duty; and

(6) is staying at lodging provided by the military or at military expense.