HF 3048

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; providing criminal penalties for 
  1.3             persons who promote, advocate, and take responsibility 
  1.4             for criminal acts under certain circumstances; 
  1.5             amending Minnesota Statutes 2001 Supplement, section 
  1.6             609.495, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.9   609.495, is amended by adding a subdivision to read: 
  1.10     Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
  1.11  Unless the person is convicted of the underlying crime, a person 
  1.12  who promotes, advocates, and assumes responsibility for a 
  1.13  criminal act with the intent to instigate the unlawful conduct 
  1.14  of others or to obstruct, impede, or prevent a criminal 
  1.15  investigation is guilty of a gross misdemeanor. 
  1.16     (b) Any person who has been injured by violation of this 
  1.17  section may bring an action for three times the amount of actual 
  1.18  damages sustained by the plaintiff, costs of suit, and 
  1.19  reasonable attorney fees. 
  1.20     (c) Nothing in this subdivision shall be construed to 
  1.21  impair the right of any individual or group to engage in speech 
  1.22  protected by the United States Constitution or the Minnesota 
  1.23  Constitution. 
  1.24     Sec. 2.  [EFFECTIVE DATE.] 
  1.25     Section 1 is effective August 1, 2002, and applies to 
  1.26  crimes committed on or after that date.