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HF 1590

as introduced - 94th Legislature (2025 - 2026) Posted on 02/26/2025 02:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; establishing mandatory minimum sentences for the
malicious punishment of a child; amending Minnesota Statutes 2024, section
609.377.

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

Section 1.

Minnesota Statutes 2024, section 609.377, is amended to read:


609.377 MALICIOUS PUNISHMENT OF CHILD.

Subdivision 1.

Malicious punishment.

A parent, legal guardian, or caretaker who, by
an intentional act or a series of intentional acts with respect to a child, evidences unreasonable
force or cruel discipline that is excessive under the circumstances is guilty of malicious
punishment of a child and may be sentenced as provided in subdivisions 2 to 6.

Subd. 2.

Gross misdemeanor.

If the punishment results in less than substantial bodily
harm, the person may be sentenced to imprisonment for not more than 364 days or to payment
of a fine of not more than $3,000, or both.

Subd. 3.

Enhancement to a felony.

Whoever violates the provisions of subdivision 2
during the time period between a previous conviction or adjudication for delinquency under
this section or sections 609.221 to 609.2231, 609.224, 609.2242, 609.342 to 609.345, or
609.713, and the end of five years following discharge from sentence or disposition for that
conviction or adjudication deleted text begin may be sentenced to imprisonmentdeleted text end new text begin shall be committed to the
custody of the commissioner of corrections
new text end for not new text begin less than a year, nor new text end more than five years
deleted text begin ordeleted text end new text begin and may be sentenced to payment ofnew text end a fine of $10,000, or both.

Subd. 4.

Felony; child under age four.

If the punishment is to a child under the age of
four and causes bodily harm to the head, eyes, neck, or otherwise causes multiple bruises
to the body, the person deleted text begin may be sentenced to imprisonmentdeleted text end new text begin shall be committed to the custody
of the commissioner of corrections
new text end for not new text begin less than a year, nor new text end more than five years deleted text begin ordeleted text end new text begin and
may be sentenced to payment of
new text end a fine of $10,000, or both.

Subd. 5.

Felony; substantial bodily harm.

If the punishment results in substantial
bodily harm, the person deleted text begin may be sentenced to imprisonmentdeleted text end new text begin shall be committed to the custody
of the commissioner of corrections
new text end for not new text begin less than a year, nor new text end more than five years deleted text begin ordeleted text end new text begin and
may be sentenced
new text end to payment of a fine of not more than $10,000, or both.

Subd. 6.

Felony; great bodily harm.

If the punishment results in great bodily harm,
the person deleted text begin may be sentenced to imprisonmentdeleted text end new text begin shall be committed to the custody of the
commissioner of corrections
new text end for not new text begin less than two years, nor new text end more than ten years deleted text begin ordeleted text end new text begin and may
be sentenced
new text end to payment of a fine of not more than $20,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Minnesota Office of the Revisor of Statutes, Centennial Office Building, 3rd Floor, 658 Cedar Street, St. Paul, MN 55155