HF 1479

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

A bill for an act
relating to crimes; prohibiting a caregiver from
performing indecent exposure in the presence of a
vulnerable adult; imposing criminal penalties;
amending Minnesota Statutes 2004, section 617.23,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2004, section 617.23,
subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

A person who commits any of
the following acts is guilty of a gross misdemeanor:

(1) the person violates subdivision 1 in the presence of a
minor under the age of 16; deleted text begin or
deleted text end

(2) new text begin the person is a caregiver, as defined in section
609.232, subdivision 2, and violates subdivision 1 in the
presence of a vulnerable adult, as defined in section 609.232,
subdivision 11; or
new text end

new text begin (3) new text end the person violates subdivision 1 after having been
previously convicted of violating subdivision 1, sections
609.342 to 609.3451, or a statute from another state in
conformity with any of those sections.

Sec. 2.

Minnesota Statutes 2004, section 617.23,
subdivision 3, is amended to read:

Subd. 3.

Felony.

A person is guilty of a felony and 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, if:

(1) the person violates subdivision 2, clause (1), after
having been previously convicted of or adjudicated delinquent
for violating subdivision 2, clause (1) new text begin or (2) new text end ; section
609.3451, subdivision 1, clause (2); or a statute from another
state in conformity with subdivision 2, clause (1) new text begin or (2) new text end , or
section 609.3451, subdivision 1, clause (2); or

(2) the person commits a violation of subdivision 1, clause
(1), in the presence of another person while intentionally
confining that person or otherwise intentionally restricting
that person's freedom to move.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end