1.1 	A bill for an act
1.2 	relating to public safety; requiring intent for the crimes of repeated harassing 
1.3 	conduct;amending Minnesota Statutes 2018, sections 609.79, subdivision 1; 
1.4 	609.795, subdivision 1; Minnesota Statutes 2019 Supplement, sections 504B.206, 
1.5 	subdivision 1; 609.749, subdivisions 2, 3; repealing Minnesota Statutes 2018, 
1.6 	section 609.749, subdivision 1a; Minnesota Statutes 2019 Supplement, section 
1.7 	609.749, subdivision 1.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2019 Supplement, section 504B.206, subdivision 1, is 
1.10 	amended to read:
1.11 		Subdivision 1.Right to terminate; procedure. (a) A tenant to a residential lease may 
1.12 	terminate a lease agreement in the manner provided in this section without penalty or liability, 
1.13 	if the tenant or another authorized occupant fears imminent violence after being subjected 
1.14 	to:
1.15 	(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;
1.16 	(2) criminal sexual conduct under sections 609.342 to 609.3451; or
1.17 	(3) harass, as that term is defined harassment under section 609.749, subdivision 1.
1.18 	(b) The tenant must provide signed and dated advance written notice to the landlord:
1.19 	(1) stating the tenant fears imminent violence from a person as indicated in a qualifying 
1.20 	document against the tenant or an authorized occupant if the tenant or authorized occupant 
1.21 	remains in the leased premises;
1.22 	(2) stating that the tenant needs to terminate the tenancy;
2.1 	(3) providing the date by which the tenant will vacate; and
2.2 	(4) providing written instructions for the disposition of any remaining personal property 
2.3 	in accordance with section 504B.271.
2.4 	(c) The written notice must be delivered before the termination of the tenancy by mail, 
2.5 	fax, or in person, and be accompanied by a qualifying document.
2.6 	(d) The landlord may request that the tenant disclose the name of the perpetrator and, if 
2.7 	a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants 
2.8 	in the building. The tenant may decline to provide the name of the perpetrator for safety 
2.9 	reasons. Disclosure shall not be a precondition of terminating the lease.
2.10 	(e) The tenancy terminates, including the right of possession of the premises, as provided 
2.11 	in subdivision 3.

2.12 	EFFECTIVE DATE. This section is effective August 1, 2020.

2.13 	Sec. 2. Minnesota Statutes 2019 Supplement, section 609.749, subdivision 2, is amended 
2.14 	to read:
2.15 		Subd. 2.Harassment crimes. (a) As used in this subdivision, the following terms have 
2.16 	the meanings given:
2.17 	(1) "family or household members" has the meaning given in section 518B.01, subdivision 
2.18 	2, paragraph (b);
2.19 	(2) "personal information" has the meaning given in section 617.261, subdivision 7, 
2.20 	paragraph (f);
2.21 	(3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph (g); 
2.22 	and
2.23 	(4) "substantial emotional distress" means mental distress, mental suffering, or mental 
2.24 	anguish as demonstrated by a victim's response to an act including but not limited to seeking 
2.25 	psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with 
2.26 	a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating 
2.27 	on tasks resulting in a loss of productivity.
2.28 	(b) A person who harasses another by committing commits any of the following acts 
2.29 	listed in paragraph (c) is guilty of a gross misdemeanor if the person, with the intent to kill, 
2.30 	injure, harass, or intimidate another person:
2.31 	(1) places the other person in reasonable fear of substantial bodily harm;
3.1 	(2) places the person in reasonable fear that the person's family or household members 
3.2 	will be subject to substantial bodily harm; or
3.3 	(3) causes or would reasonably be expected to cause substantial emotional distress to 
3.4 	the other person.
3.5 	(c) A person commits harassment under this section if the person:
3.6 	(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure 
3.7 	the person, property, or rights of another by the commission of an unlawful act;
3.8 	(2) follows, monitors, or pursues another, whether in person or through any available 
3.9 	technological or other means;
3.10 	(3) returns to the property of another if the actor is without claim of right to the property 
3.11 	or consent of one with authority to consent;
3.12 	(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make 
3.13 	telephone calls to the actor, whether or not conversation ensues;
3.14 	(5) makes or causes the telephone of another repeatedly or continuously to ring;
3.15 	(6) repeatedly mails or delivers or causes the delivery by any means, including 
3.16 	electronically, of letters, telegrams, messages, packages, through assistive devices for people 
3.17 	with vision impairments or hearing loss, or any communication made through any available 
3.18 	technologies or other objects;
3.19 	(7) knowingly makes false allegations against a peace officer concerning the officer's 
3.20 	performance of official duties with intent to influence or tamper with the officer's 
3.21 	performance of official duties; or
3.22 	(8) uses another's personal information, without consent, to invite, encourage, or solicit 
3.23 	a third party to engage in a sexual act with the person.
3.24 	For purposes of this clause, "personal information" and "sexual act" have the meanings 
3.25 	given in section 617.261, subdivision 7.

3.26 	EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes 
3.27 	committed on or after that date.

4.1 	Sec. 3. Minnesota Statutes 2019 Supplement, section 609.749, subdivision 3, is amended 
4.2 	to read:
4.3 		Subd. 3.Aggravated violations. (a) A person who commits any of the following acts 
4.4 	is guilty of a felony and may be sentenced to imprisonment for not more than five years or 
4.5 	to payment of a fine of not more than $10,000, or both:
4.6 	(1) commits any offense described in subdivision 2 because of the victim's or another's 
4.7 	actual or perceived race, color, religion, sex, sexual orientation, disability as defined in 
4.8 	section 363A.03, age, or national origin;
4.9 	(2) commits any offense described in subdivision 2 by falsely impersonating another;
4.10 	(3) commits any offense described in subdivision 2 and possesses a dangerous weapon 
4.11 	at the timewas used in any way in the commission of the offense;
4.12 	(4) harasses another, as defined in subdivision 1, commits any offense described in 
4.13 	subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding 
4.14 	or with intent to retaliate against a judicial officer, as defined in section 609.415, or a 
4.15 	prosecutor, defense attorney, or officer of the court, because of that person's performance 
4.16 	of official duties in connection with a judicial proceeding; or
4.17 	(5) commits any offense described in subdivision 2 against a victim under the age of 
4.18 	18, if the actor is more than 36 months older than the victim.
4.19 	(b) A person who commits any offense described in subdivision 2 against a victim under 
4.20 	the age of 18, if the actor is more than 36 months older than the victim, and the act is 
4.21 	committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to 
4.22 	imprisonment for not more than ten years or to payment of a fine of not more than $20,000, 
4.23 	or both.

4.24 	EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes 
4.25 	committed on or after that date.

4.26 	Sec. 4. Minnesota Statutes 2018, section 609.79, subdivision 1, is amended to read:
4.27 		Subdivision 1.Crime defined; obscene call. Whoever,
4.28 	(1) by means of a telephone,
4.29 	(i) makes any comment, request, suggestion or proposal which is obscene, lewd, or 
4.30 	lascivious,
5.1 	(ii) with the intent to harass or intimidate another person, repeatedly makes telephone 
5.2 	calls, whether or not conversation ensues, with intent to abuse, disturb, or cause distress
5.3 	and thereby places the other person in reasonable fear of substantial bodily harm; places 
5.4 	the person in reasonable fear that the person's family or household members will be subject 
5.5 	to substantial bodily harm; or causes or would reasonably be expected to cause substantial 
5.6 	emotional distress to the other person, or
5.7 	(iii) with the intent to harass or intimidate any person at the called or notified number, 
5.8 	makes or causes the telephone of another to repeatedly or continuously to ring, with intent 
5.9 	to abuse, disturb, or cause distress in any person at the called number or receive electronic 
5.10 	notifications and thereby places the other person in reasonable fear of substantial bodily 
5.11 	harm; places the person in reasonable fear that the person's family or household members 
5.12 	will be subject to substantial bodily harm; or causes or would reasonably be expected to 
5.13 	cause substantial emotional distress as defined in section 609.749, subdivision 2, paragraph 
5.14 	(a), clause (4), to the other person, or
5.15 	(2) having control of a telephone, knowingly permits it to be used for any purpose 
5.16 	prohibited by this section,
5.17 	shall be guilty of a misdemeanor.

5.18 	EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes 
5.19 	committed on or after that date.

5.20 	Sec. 5. Minnesota Statutes 2018, section 609.795, subdivision 1, is amended to read:
5.21 		Subdivision 1.Misdemeanors. Whoever does any of the following is guilty of a 
5.22 	misdemeanor:
5.23 	(1) knowing that the actor does not have the consent of either the sender or the addressee, 
5.24 	intentionally opens any sealed letter, telegram, or package addressed to another; or
5.25 	(2) knowing that a sealed letter, telegram, or package has been opened without the 
5.26 	consent of either the sender or addressee, intentionally publishes any of the contents thereof; 
5.27 	or
5.28 	(3) with the intent to abuse, disturb, or cause distress harass or intimidate another person, 
5.29 	repeatedly mails or delivers or causes the delivery by any means, including electronically, 
5.30 	of letters, telegrams, or packages and thereby places the other person in reasonable fear of 
5.31 	substantial bodily harm; places the person in reasonable fear that the person's family or 
5.32 	household members will be subject to substantial bodily harm; or causes or would reasonably 
6.1 	be expected to cause substantial emotional distress as defined in section 609.749, subdivision 
6.2 	2, paragraph (a), clause (4), to the other person.

6.3 	EFFECTIVE DATE. This section is effective August 1, 2020, and applies to crimes 
6.4 	committed on or after that date.

6.5 	Sec. 6. REPEALER.
 6.6 	Minnesota Statutes 2018, section 609.749, subdivision 1a, is repealed.
6.7 	Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1, is repealed.

APPENDIX 

Repealed Minnesota Statutes: H4137-1 

609.749 HARASSMENT; STALKING; PENALTIES.Subdivision 1.Definition. 
As used in this section, "harass" means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim. 

Subd. 1a.No proof of specific intent required. 
In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor intended to cause any other result.