1.1 	A bill for an act
1.2 	relating to crimes; defining coercion for purposes of
1.3 	the criminal sexual conduct law to include use of
1.4 	physical confinement or strength to submit the
1.5 	complainant to unlawful sexual conduct; authorizing
1.6 	stepparents to assist a minor in seeking a restraining
1.7 	order; waiving fees for sexual assault victims to
1.8 	obtain a restraining order; modifying laws prohibiting
1.9 	harassing behavior by including new forms of
1.10 	technology used by stalkers to harass victims to be
1.11 	included within the prohibitions of the law; amending
1.12 	Minnesota Statutes 2004, sections 609.341, subdivision
1.13 	14; 609.748, subdivisions 2, 3a; 609.749, subdivision
1.14 	2; 609.79, subdivision 2; 609.795, by adding a
1.15 	subdivision.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2004, section 609.341,
1.18 	subdivision 14, is amended to read:
1.19 		Subd. 14.Coercion.  "Coercion" means the use by the
1.20 	actor of words or circumstances that cause the complainant
1.21 	reasonably to fear that the actor will inflict bodily harm upon,
1.22 	or hold in confinement,the complainant or another, or force the
1.23 	use by the actor of confinement, or superior size or strength,
1.24 	against the complainant that causes the complainant to submit to
1.25 	sexual penetration or contact, but against the complainant's
1.26 	will.Proof of coercion does not require proof of a specific
1.27 	act or threat.

1.28 	Sec. 2. Minnesota Statutes 2004, section 609.748,
1.29 	subdivision 2, is amended to read:
1.30 		Subd. 2.Restraining order; jurisdiction.  A person who
2.1 	is a victim of harassment may seek a restraining order from the
2.2 	district court in the manner provided in this section.  The
2.3 	parent or ,guardian, or stepparent of a minor who is a victim of
2.4 	harassment may seek a restraining order from the district court
2.5 	on behalf of the minor.

2.6 	Sec. 3. Minnesota Statutes 2004, section 609.748,
2.7 	subdivision 3a, is amended to read:
2.8 		Subd. 3a.Filing fee; cost of service.  The filing fees
2.9 	for a restraining order under this section are waived for the
2.10 	petitioner if the petition alleges acts that would constitute a
2.11 	violation of section 609.749, subdivision 2 or 3, or sections
2.12 	609.342 to 609.3451.  The court administrator and the sheriff of
2.13 	any county in this state shall perform their duties relating to
2.14 	service of process without charge to the petitioner.  The court
2.15 	shall direct payment of the reasonable costs of service of
2.16 	process if served by a private process server when the sheriff
2.17 	is unavailable or if service is made by publication.  The court
2.18 	may direct a respondent to pay to the court administrator the
2.19 	petitioner's filing fees and reasonable costs of service of
2.20 	process if the court determines that the respondent has the
2.21 	ability to pay the petitioner's fees and costs.

2.22 	Sec. 4. Minnesota Statutes 2004, section 609.749,
2.23 	subdivision 2, is amended to read:
2.24 		Subd. 2.Harassment and stalking crimes.  (a) A person
2.25 	who harasses another by committing any of the following acts is
2.26 	guilty of a gross misdemeanor:
2.27 	(1) directly or indirectly manifests a purpose or intent to
2.28 	injure the person, property, or rights of another by the
2.29 	commission of an unlawful act;
2.30 	(2) stalks, follows, monitors,or pursues another, whether
2.31 	in person or through technological or other means;
2.32 	(3) returns to the property of another if the actor is
2.33 	without claim of right to the property or consent of one with
2.34 	authority to consent;
2.35 	(4) repeatedly makes telephone calls, or induces a victim
2.36 	to make telephone calls to the actor, whether or not
3.1 	conversation ensues;
3.2 	(5) makes or causes the telephone of another repeatedly or
3.3 	continuously to ring;
3.4 	(6) repeatedly mails or delivers or causes the delivery by
3.5 	any means, including electronically, of letters, telegrams,
3.6 	messages, packages, or other objects; or
3.7 	(7) knowingly makes false allegations against a peace
3.8 	officer concerning the officer's performance of official duties
3.9 	with intent to influence or tamper with the officer's
3.10 	performance of official duties.
3.11 	(b) The conduct described in paragraph (a), clauses (4) and
3.12 	(5), may be prosecuted at the place where any call is either
3.13 	made or received or, additionally in the case of wireless or
3.14 	electronic communication, where the actor or victim resides.
3.15 	The conduct described in paragraph (a), clause (2), may be
3.16 	prosecuted where the actor or victim resides.  The conduct
3.17 	described in paragraph (a), clause (6), may be prosecuted where
3.18 	any letter, telegram, message, package, or other object is
3.19 	either sent or received or, additionally in the case of wireless
3.20 	or electronic communication, where the actor or victim resides.
3.21 	(c) A peace officer may not make a warrantless, custodial
3.22 	arrest of any person for a violation of paragraph (a), clause
3.23 	(7).

3.24 	Sec. 5. Minnesota Statutes 2004, section 609.79,
3.25 	subdivision 2, is amended to read:
3.26 		Subd. 2.Venue.  The offense may be prosecuted either at
3.27 	the place where the call is made or where it is received or,
3.28 	additionally in the case of wireless or electronic
3.29 	communication, where the sender or receiver resides.

3.30 	Sec. 6. Minnesota Statutes 2004, section 609.795, is
3.31 	amended by adding a subdivision to read:
3.32 		Subd. 3.Venue. The offense may be prosecuted either at
3.33 	the place where the letter, telegram, or package is sent or
3.34 	received or, alternatively in the case of wireless electronic
3.35 	communication, where the sender or receiver resides.

3.36 	Sec. 7. EFFECTIVE DATE.
 4.1 	Sections 1 to 6 are effective August 1, 2005, and apply to
4.2 	crimes committed on or after that date.