HF 801

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:31am

A bill for an act
relating to public safety; establishing a new arson offense; amending Minnesota
Statutes 2014, 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:

Sec. 1.

new text begin [609.5634] REAL OR PERSONAL PROPERTY ARSON RESULTING IN
BODILY HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Penalty; felony. new text end

new text begin Whoever, by means of fire or explosives,
intentionally sets fire to or burns any real or personal property and the fire or explosion
proximately causes bodily harm to any person, including a public safety officer performing
official duties, the actor shall be sentenced as follows:
new text end

new text begin (1) if the injury results in great bodily harm, the actor shall 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 (2) if the injury results in substantial bodily harm, the actor shall be sentenced
to imprisonment for not more than ten years or to payment of a fine of not more than
$15,000, or both; and
new text end

new text begin (3) if the injury results in demonstrable bodily harm, the actor shall 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. 2. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, "personal property" does not
include items where fire is involved in its normally intended use or repair, such as the wick
of a candle, solder or flux in the act of welding, or logs in a campfire.
new text end

new text begin (b) As used in this section, "public safety officer" has the meaning given in section
299A.41, subdivision 4.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 1, clauses (1) to (3) 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.