HF 1409

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to judiciary; increasing the penalty for 
  1.3             certain interference with privacy offenses; providing 
  1.4             a penalty for engaging in a pattern of conduct 
  1.5             involving interference with privacy; amending 
  1.6             Minnesota Statutes 2002, section 609.746, subdivision 
  1.7             1, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 609.746, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
  1.12  DEVICE.] (a) A person is guilty of a misdemeanor who: 
  1.13     (1) enters upon another's property; 
  1.14     (2) surreptitiously gazes, stares, or peeps in the window 
  1.15  or any other aperture of a house or place of dwelling of 
  1.16  another; and 
  1.17     (3) does so with intent to intrude upon or interfere with 
  1.18  the privacy of a member of the household. 
  1.19     (b) A person is guilty of a misdemeanor who: 
  1.20     (1) enters upon another's property; 
  1.21     (2) surreptitiously installs or uses any device for 
  1.22  observing, photographing, recording, amplifying, or broadcasting 
  1.23  sounds or events through the window or any other aperture of a 
  1.24  house or place of dwelling of another; and 
  1.25     (3) does so with intent to intrude upon or interfere with 
  1.26  the privacy of a member of the household. 
  2.1      (c) A person is guilty of a misdemeanor who: 
  2.2      (1) surreptitiously gazes, stares, or peeps in the window 
  2.3   or other aperture of a sleeping room in a hotel, as defined in 
  2.4   section 327.70, subdivision 3, a tanning booth, or other place 
  2.5   where a reasonable person would have an expectation of privacy 
  2.6   and has exposed or is likely to expose their intimate parts, as 
  2.7   defined in section 609.341, subdivision 5, or the clothing 
  2.8   covering the immediate area of the intimate parts; and 
  2.9      (2) does so with intent to intrude upon or interfere with 
  2.10  the privacy of the occupant. 
  2.11     (d) A person is guilty of a misdemeanor who: 
  2.12     (1) surreptitiously installs or uses any device for 
  2.13  observing, photographing, recording, amplifying, or broadcasting 
  2.14  sounds or events through the window or other aperture of a 
  2.15  sleeping room in a hotel, as defined in section 327.70, 
  2.16  subdivision 3, a tanning booth, or other place where a 
  2.17  reasonable person would have an expectation of privacy and has 
  2.18  exposed or is likely to expose their intimate parts, as defined 
  2.19  in section 609.341, subdivision 5, or the clothing covering the 
  2.20  immediate area of the intimate parts; and 
  2.21     (2) does so with intent to intrude upon or interfere with 
  2.22  the privacy of the occupant. 
  2.23     (e) A person is guilty of a gross misdemeanor felony if the 
  2.24  person: 
  2.25     (1) violates this subdivision after a previous conviction 
  2.26  under this subdivision or section 609.749; or 
  2.27     (2) violates this subdivision against a minor under the age 
  2.28  of 16, knowing or having reason to know that the minor is 
  2.29  present. 
  2.30     (f) Paragraphs (b) and (d) do not apply to law enforcement 
  2.31  officers or corrections investigators, or to those acting under 
  2.32  their direction, while engaged in the performance of their 
  2.33  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
  2.34  in:  (1) a medical facility; or (2) a commercial establishment 
  2.35  if the owner of the establishment has posted conspicuous signs 
  2.36  warning that the premises are under surveillance by the owner or 
  3.1   the owner's employees.  
  3.2      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  3.3   and applies to crimes committed on or after that date. 
  3.4      Sec. 2.  Minnesota Statutes 2002, section 609.746, is 
  3.5   amended by adding a subdivision to read: 
  3.6      Subd. 1a.  [PATTERN OF INTERFERENCE WITH PRIVACY.] (a) A 
  3.7   person who engages in a pattern of interfering with the privacy, 
  3.8   as described in subdivision 1, of a single victim or one or more 
  3.9   members of a single household is guilty of a felony and may be 
  3.10  sentenced to imprisonment for not more than ten years or to 
  3.11  payment of a fine of not more than $20,000, or both. 
  3.12     (b) For purposes of this subdivision, a "pattern of 
  3.13  interference with privacy" means two or more acts within a 
  3.14  five-year period that violate or attempt to violate the 
  3.15  provisions of any of the following or a similar law of another 
  3.16  state, the United States, the District of Columbia, tribal 
  3.17  lands, or United States territories: 
  3.18     (1) this section; 
  3.19     (2) section 518B.01, subdivision 14; 
  3.20     (3) section 609.224; 
  3.21     (4) section 609.2242; 
  3.22     (5) sections 609.342 to 609.3451; 
  3.23     (6) section 609.582; 
  3.24     (7) section 609.595; 
  3.25     (8) section 609.605, subdivision 1, paragraph (b), clauses 
  3.26  (3), (4), and (7); 
  3.27     (9) section 609.713; 
  3.28     (10) section 609.748, subdivision 6; 
  3.29     (11) section 609.749, subdivision 2, 3, 4, or 5; 
  3.30     (12) section 609.765; 
  3.31     (12) section 609.79; or 
  3.32     (13) section 609.795. 
  3.33     (c) When acts constituting a violation of this subdivision 
  3.34  are committed in two or more counties, the accused may be 
  3.35  prosecuted in any county in which one of the acts was committed 
  3.36  for all acts constituting the pattern. 
  4.1      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  4.2   and applies to crimes committed on or after that date.