HF 189

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to judiciary; increasing the penalty for
certain interference with privacy offenses; providing
a penalty for engaging in a pattern of conduct
involving interference with privacy; amending
Minnesota Statutes 2004, section 609.746, subdivision
1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 609.746,
subdivision 1, is amended to read:

Subdivision 1.

Surreptitious intrusion; observation
device.

(a) A person is guilty of a misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window
or any other aperture of a house or place of dwelling of
another; and

(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.

(b) A person is guilty of a misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or any other aperture of a
house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.

(c) A person is guilty of a misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window
or other aperture of a sleeping room in a hotel, as defined in
section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy
and has exposed or is likely to expose their intimate parts, as
defined in section 609.341, subdivision 5, or the clothing
covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.

(d) A person is guilty of a misdemeanor who:

(1) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70,
subdivision 3, a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has
exposed or is likely to expose their intimate parts, as defined
in section 609.341, subdivision 5, or the clothing covering the
immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.

(e) A person is guilty of a deleted text begin gross misdemeanor deleted text end new text begin felony new text end if the
person:

(1) violates this subdivision after a previous conviction
under this subdivision or section 609.749; or

(2) violates this subdivision against a minor under the age
of 16, knowing or having reason to know that the minor is
present.

(f) Paragraphs (b) and (d) do not apply to law enforcement
officers or corrections investigators, or to those acting under
their direction, while engaged in the performance of their
lawful duties. Paragraphs (c) and (d) do not apply to conduct
in: (1) a medical facility; or (2) a commercial establishment
if the owner of the establishment has posted conspicuous signs
warning that the premises are under surveillance by the owner or
the owner's employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.746, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Pattern of interference with privacy. new text end

new text begin (a) A
person who engages in a pattern of interfering with the privacy,
as described in subdivision 1, of a single victim or one or more
members of a single household is guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both.
new text end

new text begin (b) For purposes of this subdivision, a "pattern of
interference with privacy" means two or more acts within a
five-year period that violate or attempt to violate the
provisions of any of the following or a similar law of another
state, the United States, the District of Columbia, tribal
lands, or United States territories:
new text end

new text begin (1) this section;
new text end

new text begin (2) section 518B.01, subdivision 14;
new text end

new text begin (3) section 609.224;
new text end

new text begin (4) section 609.2242;
new text end

new text begin (5) sections 609.342 to 609.3451;
new text end

new text begin (6) section 609.582;
new text end

new text begin (7) section 609.595;
new text end

new text begin (8) section 609.605, subdivision 1, paragraph (b), clauses
(3), (4), and (7);
new text end

new text begin (9) section 609.713;
new text end

new text begin (10) section 609.748, subdivision 6;
new text end

new text begin (11) section 609.749, subdivision 2, 3, 4, or 5;
new text end

new text begin (12) section 609.765;
new text end

new text begin (13) section 609.79; or
new text end

new text begin (14) section 609.795.
new text end

new text begin (c) When acts constituting a violation of this subdivision
are committed in two or more counties, the accused may be
prosecuted in any county in which one of the acts was committed
for all acts constituting the pattern.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end