HF 2856

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; clarifying the terms force and 
  1.3             coercion for purposes of the criminal sexual conduct 
  1.4             crime law; amending the harassment restraining order 
  1.5             law so victims of sexual assault do not have to pay a 
  1.6             fee; prohibiting harassment through technological 
  1.7             means; amending Minnesota Statutes 2002, sections 
  1.8             609.341, subdivisions 3, 14; 609.748, subdivisions 2, 
  1.9             3a; 609.749, subdivisions 1, 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 609.341, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  "Force" means the infliction, attempted 
  1.14  infliction, or threatened infliction by the actor of bodily harm 
  1.15  or commission or threat of any other crime by the actor against 
  1.16  the complainant or another, which (a) causes the complainant to 
  1.17  reasonably believe that the actor has the present ability to 
  1.18  execute the threat and (b) if the actor does not have a 
  1.19  significant relationship to the complainant, also causes the 
  1.20  complainant to submit.  Force also means the use of physical 
  1.21  power or restraint against the complainant. 
  1.22     Sec. 2.  Minnesota Statutes 2002, section 609.341, 
  1.23  subdivision 14, is amended to read: 
  1.24     Subd. 14.  "Coercion" means words or circumstances that 
  1.25  either cause the complainant reasonably to fear that the actor 
  1.26  will inflict bodily harm upon, or hold in confinement, the 
  1.27  complainant or another, or force that cause the complainant to 
  2.1   submit to sexual penetration or contact, but.  Proof of coercion 
  2.2   does not require proof of a specific act or threat. 
  2.3      Sec. 3.  Minnesota Statutes 2002, section 609.748, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
  2.6   is a victim of harassment may seek a restraining order from the 
  2.7   district court in the manner provided in this section.  The 
  2.8   parent or guardian of a minor who is a victim of harassment may 
  2.9   seek a restraining order from the district court on behalf of 
  2.10  the minor or, upon a finding by the court that it is in the best 
  2.11  interests of the minor, a reputable adult 25 years of age or 
  2.12  older may seek a restraining order on behalf of the minor who is 
  2.13  a victim of harassment.  
  2.14     Sec. 4.  Minnesota Statutes 2002, section 609.748, 
  2.15  subdivision 3a, is amended to read: 
  2.16     Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
  2.17  for a restraining order under this section are waived for the 
  2.18  petitioner if the petition alleges acts that would constitute a 
  2.19  violation of section 609.342; 609.343; 609.344; 609.345; 
  2.20  609.3451; or 609.749, subdivision 2 or 3.  The court 
  2.21  administrator and the sheriff of any county in this state shall 
  2.22  perform their duties relating to service of process without 
  2.23  charge to the petitioner.  The court shall direct payment of the 
  2.24  reasonable costs of service of process if served by a private 
  2.25  process server when the sheriff is unavailable or if service is 
  2.26  made by publication.  The court may direct a respondent to pay 
  2.27  to the court administrator the petitioner's filing fees and 
  2.28  reasonable costs of service of process if the court determines 
  2.29  that the respondent has the ability to pay the petitioner's fees 
  2.30  and costs. 
  2.31     Sec. 5.  Minnesota Statutes 2002, section 609.749, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [DEFINITION.] As used in this section, 
  2.34  "harass" means to engage in intentional conduct which: 
  2.35     (1) the actor knows or has reason to know would cause the 
  2.36  victim under the circumstances to feel frightened, threatened, 
  3.1   oppressed, persecuted, or intimidated; and 
  3.2      (2) causes this reaction on the part of the victim. 
  3.3      Sec. 6.  Minnesota Statutes 2002, section 609.749, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
  3.6   who harasses another by committing any of the following acts is 
  3.7   guilty of a gross misdemeanor: 
  3.8      (1) directly or indirectly manifests a purpose or intent to 
  3.9   injure the person, property, or rights of another by the 
  3.10  commission of an unlawful act; 
  3.11     (2) stalks, follows, monitors, or pursues another, whether 
  3.12  in person or through technological or other means; 
  3.13     (3) returns to the property of another if the actor is 
  3.14  without claim of right to the property or consent of one with 
  3.15  authority to consent; 
  3.16     (4) repeatedly makes telephone calls, or induces a victim 
  3.17  to make telephone calls to the actor, whether or not 
  3.18  conversation ensues; 
  3.19     (5) makes or causes the telephone of another repeatedly or 
  3.20  continuously to ring; 
  3.21     (6) repeatedly mails or delivers or causes the delivery by 
  3.22  any means, including electronically, of letters, telegrams, 
  3.23  messages, packages, or other objects; or 
  3.24     (7) knowingly makes false allegations against a peace 
  3.25  officer concerning the officer's performance of official duties 
  3.26  with intent to influence or tamper with the officer's 
  3.27  performance of official duties. 
  3.28     (b) The conduct described in paragraph (a), clauses (4) and 
  3.29  (5), may be prosecuted at the place where any call is either 
  3.30  made or received.  The conduct described in paragraph (a), 
  3.31  clause (6), may be prosecuted where any letter, telegram, 
  3.32  message, package, or other object is either sent or received. 
  3.33     (c) A peace officer may not make a warrantless, custodial 
  3.34  arrest of any person for a violation of paragraph (a), clause 
  3.35  (7). 
  3.36     Sec. 7.  [EFFECTIVE DATE.] 
  4.1      Sections 1 to 6 are effective August 1, 2004, and apply to 
  4.2   crimes committed on or after that date.