HF 3059

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying that 
  1.3             harassment crimes prohibit harassment by electronic 
  1.4             means; amending Minnesota Statutes 1998, sections 
  1.5             609.749, subdivision 2; and 609.795, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 609.749, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
  1.10  who harasses another by committing any of the following acts is 
  1.11  guilty of a gross misdemeanor: 
  1.12     (1) directly or indirectly manifests a purpose or intent to 
  1.13  injure the person, property, or rights of another by the 
  1.14  commission of an unlawful act; 
  1.15     (2) stalks, follows, or pursues another; 
  1.16     (3) returns to the property of another if the actor is 
  1.17  without claim of right to the property or consent of one with 
  1.18  authority to consent; 
  1.19     (4) repeatedly makes telephone calls, or induces a victim 
  1.20  to make telephone calls to the actor, whether or not 
  1.21  conversation ensues; 
  1.22     (5) makes or causes the telephone of another repeatedly or 
  1.23  continuously to ring; 
  1.24     (6) repeatedly mails or delivers or causes the delivery by 
  1.25  any means, including electronically, of letters, telegrams, 
  2.1   messages, packages, or other objects; or 
  2.2      (7) knowingly makes false allegations against a peace 
  2.3   officer concerning the officer's performance of official duties 
  2.4   with intent to influence or tamper with the officer's 
  2.5   performance of official duties. 
  2.6      (b) The conduct described in paragraph (a), clauses (4) and 
  2.7   (5), may be prosecuted at the place where any call is either 
  2.8   made or received.  The conduct described in paragraph (a), 
  2.9   clause (6), may be prosecuted where any letter, telegram, 
  2.10  message, package, or other object is either sent or received. 
  2.11     (c) A peace officer may not make a warrantless, custodial 
  2.12  arrest of any person for a violation of paragraph (a), clause 
  2.13  (7). 
  2.14     Sec. 2.  Minnesota Statutes 1998, section 609.795, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
  2.17  following is guilty of a misdemeanor: 
  2.18     (1) knowing that the actor does not have the consent of 
  2.19  either the sender or the addressee, intentionally opens any 
  2.20  sealed letter, telegram, or package addressed to another; or 
  2.21     (2) knowing that a sealed letter, telegram, or package has 
  2.22  been opened without the consent of either the sender or 
  2.23  addressee, intentionally publishes any of the contents thereof; 
  2.24  or 
  2.25     (3) with the intent to abuse, disturb, or cause distress, 
  2.26  repeatedly uses the mails or delivers or causes the delivery by 
  2.27  any means, including electronically, of letters, telegrams, or 
  2.28  packages. 
  2.29     Sec. 3.  [EFFECTIVE DATE.] 
  2.30     Sections 1 and 2 are effective the day following final 
  2.31  enactment.