HF 2595

as introduced - 88th Legislature (2013 - 2014) Posted on 03/03/2014 02:54pm

A bill for an act
relating to public safety; creating the crime of arson resulting in bodily harm;
amending Minnesota Statutes 2013 Supplement, section 609.5641, subdivision
1a; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.5634] ARSON RESULTING IN BODILY HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Crime described. new text end

new text begin Whoever unlawfully by means of fire or
explosives sets fire to or burns or causes to be burned any real or personal property with
intent to damage or destroy the property, and the fire causes injury to another, is guilty of a
felony and may be sentenced as provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 1 where the fire causes
another person to suffer great bodily harm may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $20,000, or both.
new text end

new text begin (b) A person who violates subdivision 1 where the fire causes another person to
suffer substantial bodily harm may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $15,000, or both.
new text end

new text begin (c) A person who violates subdivision 1 where the fire causes another person to
suffer demonstrable bodily harm 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.
new text end

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin As used in this section, personal property does not include
items where fire is involved in its normally intended use or repair, including but not
limited to a candle wick, welding solder or flux, or campfire wood or kindling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 609.5641, subdivision 1a,
is amended to read:

Subd. 1a.

Penalty; felonies.

(a) Except as provided in paragraphs (b), (c), and (d), a
person who violates subdivision 1 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.

(b) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of five buildings or dwellings, burns 500 acres or more, or damages
crops in excess of $100,000, may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $15,000, or both.

(c) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages
crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years
or to payment of a fine of not more than $25,000, or both.

(d) A person who violates subdivision 1 where the fire causes another person to suffer
deleted text begin demonstrable deleted text end bodily harm may be sentenced deleted text begin to imprisonment for not more than ten years
or to payment of a fine of $15,000, or both deleted text end new text begin as provided in section 609.5634, subdivision 2 new text end .

(e) For purposes of this section, a building or dwelling is threatened when there is a
probability of damage to the building or dwelling requiring evacuation for safety of life.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end