HF 2929

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes and criminals; prohibiting sale of 
  1.3             electronic pagers to minors; providing penalties; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.6855] [PAGING DEVICES; MINORS.] 
  1.8      Subdivision 1.  [GROSS MISDEMEANOR.] (a) Whoever sells, 
  1.9   leases, or furnishes a pocket pager, beeper, or similar 
  1.10  electronic paging device to a minor without the prior written 
  1.11  consent of the police department of the municipality of 
  1.12  residence of the minor, is guilty of a gross misdemeanor. 
  1.13     (b) It is an affirmative defense to a charge under this 
  1.14  subdivision if the defendant proves by a preponderance of the 
  1.15  evidence that the defendant reasonably and in good faith relied 
  1.16  on proof of age as described in section 340A.503, subdivision 6. 
  1.17     (c) This subdivision shall not apply to the furnishment of 
  1.18  an electronic paging device to a minor by a parent or legal 
  1.19  guardian of the minor. 
  1.20     Subd. 2.  [POLICE DEPARTMENT CONSENT.] A police department 
  1.21  shall provide the consent referenced in subdivision 1 if the 
  1.22  minor: 
  1.23     (1) is a member of a volunteer fire company, ambulance, or 
  1.24  rescue squad; or 
  1.25     (2) has a need for the paging device due to the medical 
  2.1   condition of an immediate family member. 
  2.2      Subd. 3.  [MISDEMEANOR.] A minor who possesses, leases, 
  2.3   purchases, or attempts to lease or purchase a pocket pager, 
  2.4   beeper, or similar electronic paging device in contravention of 
  2.5   this section is guilty of a misdemeanor. 
  2.6      Subd. 4.  [EFFECT ON LOCAL ORDINANCES.] Nothing in 
  2.7   subdivisions 1 to 3 shall supersede or preclude the continuation 
  2.8   or adoption of any local ordinance that provides for more 
  2.9   stringent regulation of the subject matter in subdivisions 1 to 
  2.10  3. 
  2.11     Sec. 2.  [EFFECTIVE DATE.] 
  2.12     This act is effective the day following final enactment.