HF 1752

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

A bill for an act
relating to crimes; providing a penalty for leaving a
child unattended in a car; amending Minnesota Statutes
2004, section 609.378, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 609.378,
subdivision 1, is amended to read:

Subdivision 1.

Persons guilty of neglect or
endangerment.

(a) [NEGLECT.] (1) A parent, legal guardian, or
caretaker who willfully deprives a child of necessary food,
clothing, shelter, health care, or supervision appropriate to
the child's age, when the parent, guardian, or caretaker is
reasonably able to make the necessary provisions and the
deprivation harms or is likely to substantially harm the child's
physical, mental, or emotional health is guilty of neglect of a
child and may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both.
If the deprivation results in substantial harm to the child's
physical, mental, or emotional health, the person 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 a
parent, guardian, or caretaker responsible for the child's care
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the child,
this treatment or care is "health care," for purposes of this
clause.

(2) A parent, legal guardian, or caretaker who knowingly
permits the continuing physical or sexual abuse of a child is
guilty of neglect of a child and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.

new text begin (3) A parent, legal guardian, or caretaker who is
responsible for a child who is eight years of age or younger
shall not leave that child in a motor vehicle where the child is
not supervised by a person who is at least 14 years of age, if:
new text end

new text begin (i) the conditions present a risk to the child's health or
safety; or
new text end

new text begin (ii) the engine of the motor vehicle is running or the keys
to the motor vehicle are anywhere in the passenger compartment
of the vehicle.
new text end

new text begin A person who violates this paragraph is guilty of neglect of a
child and may be sentenced to imprisonment for not more than 90
days or to payment of a fine of not more than $1,000, or both.
new text end

(b) [ENDANGERMENT.] A parent, legal guardian, or caretaker
who endangers the child's person or health by:

(1) intentionally or recklessly causing or permitting a
child to be placed in a situation likely to substantially harm
the child's physical, mental, or emotional health or cause the
child's death; or

(2) knowingly causing or permitting the child to be present
where any person is selling, manufacturing, possessing immediate
precursors or chemical substances with intent to manufacture, or
possessing a controlled substance, as defined in section 152.01,
subdivision 4, in violation of section 152.021, 152.022,
152.023, or 152.024; is guilty of child endangerment and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

If the endangerment results in substantial harm to the
child's physical, mental, or emotional health, the person 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.

This paragraph does not prevent a parent, legal guardian,
or caretaker from causing or permitting a child to engage in
activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as
defined in subdivision 1, paragraph (a).

(c) [ENDANGERMENT BY FIREARM ACCESS.] A person who
intentionally or recklessly causes a child under 14 years of age
to be placed in a situation likely to substantially harm the
child's physical health or cause the child's death as a result
of the child's access to a loaded firearm is guilty of child
endangerment and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.

If the endangerment results in substantial harm to the
child's physical health, the person 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.

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