HF 3526

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; providing an expedited process for the judicial review of
financing statements; establishing civil and criminal liability for fraudulent or
otherwise improper financing statements; amending Minnesota Statutes 2005
Supplement, section 609.749, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 545; 604; 609.

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

Section 1.

new text begin [545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE
THE EFFECTIVENESS OF FINANCING STATEMENTS FORMS.
new text end

new text begin (a)(1) Any obligor, person named as a debtor, or owner of collateral described or
indicated in a financing statement or other record filed under the Uniform Commercial
Code - Secured Transactions, who has reason to believe that the financing statement or
other record is fraudulent or otherwise improper as defined in paragraph (e) may complete
and file, at any time without any time limitation, a motion for judicial review of the
effectiveness of the financing statement or other record. A secured party of record who
believes that an amendment or termination of a financing statement or other record is
fraudulent or otherwise improper as defined in paragraph (e) may also file such a motion.
The motion must be mailed by first class mail to the person who is indicated as the secured
party on the allegedly fraudulent or improper record at the address listed on that record,
or, in the case of a filing by the secured party of record, the mailing must be sent to the
address of the person who filed the amendment or termination in question, if and as listed
on the record, and must be accompanied by a copy of the record in question, an affidavit
of mailing, as well as the form for responding to the motion, which appears in paragraph
(a), clause (3), and a copy of the text of this entire section.
new text end

new text begin A copy of all materials must be filed on that day with the district court of the
county in which the financing statement or other record has been filed, or in the county of
residence of the movant. The motion must be supported by the affidavit of the movant
or the movant's attorney setting forth a concise statement of the facts upon which the
claim for relief is based.
new text end

new text begin The motion must be in substantially the following form:
new text end

new text begin In Re: A Purported Financing Statement new text end new text begin In the district court In and For .............
County, Minnesota Against [Name of person who filed the financing statement]
new text end

new text begin MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED
UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS
new text end

new text begin Now comes .................. (name) and files this motion requesting a judicial
determination of the effectiveness of a financing statement or other record filed under the
Uniform Commercial Code - Secured Transactions in the office of the ............... (filing
office and location thereof) and in support of the motion would show the court as follows:
new text end

new text begin I.
new text end

new text begin ................. (name), movant herein, is the [obligor, person named as a debtor, or
owner of collateral described or indicated in] [secured party of record listed in] a financing
statement or other record filed under the Uniform Commercial Code.
new text end

new text begin II.
new text end

new text begin On ............. (date), in the exercise of the filing officer's official duties as ..................
(filing officer's position), the filing officer received and filed or recorded the financing
statement or other record, a copy which is attached hereto, that purports to perfect a
security interest against the obligor, the person named as debtor or against the owner
of collateral described or indicated in the financing statement or other record] [amend
or terminate the financing statement in which the movant is listed as the secured party
of record].
new text end

new text begin III.
new text end

new text begin Movant alleges that the financing statement or other record is fraudulent or otherwise
improper, as defined by paragraph (e), and that this court should declare the financing
statement or other record ineffective.
new text end

new text begin IV.
new text end

new text begin Movant attests that assertions herein are true and correct.
new text end

new text begin V.
new text end

new text begin Movant does not request the court to make a finding as to any underlying claim
of the parties involved and acknowledges that this motion does not seek review of an
effective financing statement. Movant further acknowledges that movant may be subject
to sanctions if this motion is determined to be frivolous. Movant may be contacted by
respondent at:
new text end

new text begin Mailing Address: (required)
new text end

new text begin Telephone Number:
new text end

new text begin Facsimile Number:
new text end

new text begin E-Mail Address:
new text end

new text begin PRAYER
new text end

new text begin Movant requests the court to review the attached documentation and enter an order
finding that said financing statement or other record is ineffective together with such other
findings as the court deems appropriate.
new text end

new text begin Respectfully submitted, .......................... (Signature and typed name and address).
new text end

new text begin (2) The completed form for ordinary certificate of acknowledgment must be as
follows:
new text end

new text begin AFFIDAVIT
new text end

new text begin THE STATE OF new text end new text begin ) new text end new text begin [state name] ) COUNTY OF new text end new text begin ) new text end new text begin .......
new text end

new text begin BEFORE ME, the undersigned authority, personally appeared ........., who, being by
me duly sworn, deposed as follows:
new text end

new text begin "My name is ............... I am over 18 years of age, of sound mind, with personal
knowledge of the following facts, and fully competent to testify.
new text end

new text begin I further attest that the assertions contained in the accompanying motion are true and
correct."
new text end

new text begin Further affiant sayeth not.
new text end

new text begin SUBSCRIBED and SWORN TO before me, this ..... day of ..................
new text end

new text begin NOTARY PUBLIC, State of [state name]
new text end

new text begin Notary's printed name: .........................
new text end

new text begin My commission expires: .........................
new text end

new text begin (3) The movant shall complete an affidavit of mailing the response to the court and
to the respondent in substantially the following form:
new text end

new text begin State of Minnesota) new text end

new text begin ) new text end

new text begin County of ..............) new text end

new text begin ............................, being the movant, being duly sworn, on oath, deposes and says
that on the ..... day of .........., ......., ..he mailed the response to court and the respondent by
placing a true and correct copy of the response in an envelope addressed to them as shown
depositing the same with postage prepaid, in the U.S. Mail at ............................, Minnesota.
new text end

new text begin Subscribed and sworn to before me this ..... day of ...................., .......
new text end

new text begin (4) The person listed as [the secured party on] [filing] the record for which the
movant has requested review may respond to the motion and accompanying materials to
request an actual hearing within ten days from the mailing by first class United States mail
by the movant, in which case the completed form for use by the person listed as [the
secured party in] [filing] the record in question to respond to the motion for judicial review
must be in substantially the following form:
new text end

new text begin In Re: A Purported Financing Statement new text end new text begin In the district court In and For .............
County, Minnesota Against [Name of person who filed the financing statement]
new text end

new text begin RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING
STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE
- SECURED TRANSACTIONS
new text end

new text begin Now comes .................. (name) and files this response to a motion requesting
a judicial determination of the effectiveness of a financing statement or other record
filed under the Uniform Commercial Code - Secured Transactions in the office of the
............... (filing office and location thereof) and in support of the motion would show
the court as follows:
new text end

new text begin I.
new text end

new text begin ................. (name), respondent herein, is the person listed as [the secured party in]
[filing] the record for which review has been requested by the movant.
new text end

new text begin II.
new text end

new text begin On ............. (date), in the exercise of the filing officer's official duties as ..................
(filing officer's position), the filing officer received and filed or recorded the financing
statement or other record, a copy which is attached hereto, that purports to [perfect a
security interest against] [amend or terminate a record filed by] the movant.
new text end

new text begin III.
new text end

new text begin Respondent hereby states that the financing statement or other record is not
fraudulent or otherwise improper, as defined in Minnesota Statutes, section 545.05,
paragraph (e), and that this court should not declare the financing statement or other
record ineffective.
new text end

new text begin IV.
new text end

new text begin Respondent asks for the scheduling of an expedited hearing to be held no later than
five days or as soon thereafter as the court shall order after the mailing of this response
to the court and to the movant.
new text end

new text begin V.
new text end

new text begin Respondent attests that assertions herein are true and correct.
new text end

new text begin VI.
new text end

new text begin Respondent does not request the court to make a finding as to any underlying claim
of the parties involved. Respondent further acknowledges that respondent may be subject
to sanctions if this response is determined to be frivolous.
new text end

new text begin PRAYER
new text end

new text begin Respondent requests the court to review the attached documentation, to set a hearing
for no later than five days after the date of this response or as soon thereafter as the court
shall order and to enter an order finding that said financing statement or other record is not
ineffective together with such other findings as the court deems appropriate. Respondent
may be contacted at:
new text end

new text begin Mailing Address: (required)
new text end

new text begin Telephone Number:
new text end

new text begin Facsimile Number:
new text end

new text begin E-Mail Address:
new text end

new text begin Respectfully submitted .........................
new text end

new text begin (Signature and typed name and address).
new text end

new text begin (5) The completed form for ordinary certificate of acknowledgment must be as
follows:
new text end

new text begin AFFIDAVIT
new text end

new text begin THE STATE OF new text end new text begin ) new text end new text begin [state name] ) COUNTY OF new text end new text begin ) new text end new text begin .......
new text end

new text begin BEFORE ME, the undersigned authority, personally appeared ........., who, being by
me duly sworn, deposed as follows:
new text end

new text begin "My name is ............... I am over 18 years of age, of sound mind, with personal
knowledge of the following facts, and fully competent to testify.
new text end

new text begin I further attest that the assertions contained in the accompanying motion are true and
correct."
new text end

new text begin Further affiant sayeth not.
new text end

new text begin SUBSCRIBED and SWORN TO before me, this ..... day of ..................
new text end

new text begin NOTARY PUBLIC, State of [state name]
new text end

new text begin Notary's printed name: .........................
new text end

new text begin My commission expires: .........................
new text end

new text begin (6) The motion must be supported by the affidavit of the movant or the movant's
attorney setting forth a concise statement of the facts upon which the claim for relief is
based. Respondent shall submit the response by United States mail to both the court and
the movant, and also by either e-mail or facsimile as provided by movant. The respondent
shall complete an affidavit of mailing the response to the court and to the movant in
substantially the following form:
new text end

new text begin State of Minnesota) new text end

new text begin ) new text end

new text begin County of ..............) new text end

new text begin ............................, being the movant, being duly sworn, on oath, deposes and says
that on the ..... day of .........., ......., ..he mailed the response to court and the respondent
by placing a true and correct copy of the response in an envelope addressed to them as
shown depositing the same with postage prepaid, in the U.S. Mails at ............................,
Minnesota.
new text end

new text begin Subscribed and sworn to before me this ..... day of ...................., .......
new text end

new text begin (7) The clerk of the district court shall not collect a filing fee for filing a motion or a
response as provided in this section at the time of filing.
new text end

new text begin (b)(1) If a hearing is timely requested, the court shall hold that hearing within five
days after the mailing of the response by the respondent or as soon thereafter as ordered
by the court. After the hearing, the district court shall enter an appropriate finding of fact
and conclusion of law regarding the financing statement or other record filed under the
Uniform Commercial Code. The filing officer shall not collect a filing fee for filing a
district court's finding of fact and conclusion of law as provided in this section except as
specifically directed by the court in its findings and conclusions. A copy of the finding of
fact and conclusion of law must be sent to the movant, the respondent, and the person who
filed the financing statement or other record at the address listed in the motion or response
of each person within seven days of the date that the finding of fact and conclusion of
law is issued by the district court.
new text end

new text begin (2) If no hearing request in substantially this form is received by the court by the
tenth day following the mailing of the original motion, the court's finding may be made
solely on a review of the documentation attached to the motion and without hearing any
testimonial evidence. After that review, which will be conducted no later than five days
after the ten-day period has expired, the district court shall enter an appropriate finding of
fact and conclusion of law in a form as provided in paragraph (c) regarding the financing
statement or other record filed under the Uniform Commercial Code, the movant shall
cause an attested copy of which must be filed or recorded and indexed in the filing office
in the appropriate class of records in which the original financing statement or other
record was filed or recorded. The filing officer shall not collect a filing fee for filing a
district court's finding of fact and conclusion of law as provided in this section except as
specifically directed by the court in its findings and conclusions. A copy of the finding
of fact and conclusion of law must be sent to the movant, the respondent, and the person
who filed the financing statement or other record at the last known address of each person
within seven days of the date that the finding of fact and conclusion of law is issued
by the district court.
new text end

new text begin (c) The findings of fact and conclusion of law for an expedited review where no
hearing has been requested must be in substantially the following form:
new text end

new text begin MISCELLANEOUS DOCKET No. ...........
new text end

new text begin In Re: A purported Financing Statement new text end new text begin In the district court Against ........... new text end new text begin In and
For ................ County, Minnesota [Name of person who filed financing statement]
new text end

new text begin Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or
Other Record Filed Under the Uniform Commercial Code - Secured Transactions
new text end

new text begin On the (number) day of (month), (year), in the above entitled and numbered cause,
this court reviewed a motion, verified by affidavit, of (name) and the documentation
attached thereto. The respondent did not respond within the required ten-day period. No
testimony was taken from any party, nor was there any notice of the court's review, the
court having made the determination that a decision could be made solely on review of the
documentation as provided in Minnesota Statutes, section 545.05.
new text end

new text begin The court finds as follows (only an item or subitem checked and initialed is a valid
court ruling):
new text end

new text begin [..] The documentation attached to the motion IS filed or recorded with the
authorization of the obligor, person named as debtor, or owner of collateral described or
indicated in the financing statement or other record, or by consent of an agent, fiduciary, or
other representative of that person, or with the authorization of the secured party of record
in the case of an amendment or termination.
new text end

new text begin [..] The documentation attached to the motion IS NOT filed or recorded with the
authorization of the obligor, person named as debtor, or owner of collateral described
or indicated in such documentation, or by consent of an agent, fiduciary, or other
representative of that person, or with the authorization of the secured party of record in the
case of an amendment or termination and, IS NOT an effective financing statement or
other record under the Uniform Commercial Code - Secured Transactions of this state.
new text end

new text begin [..] This court makes no finding as to any underlying claims of the parties involved
and expressly limits its finding of fact and conclusion of law to the review of a ministerial
act. The filing officer shall remove the subject financing statement or other record from
the index so that the records are not reflected in or obtained as a result of any search,
standard or otherwise, conducted of those records, but shall retain them and this finding of
fact and conclusion of law in the filing office for the duration of the period for which they
would have otherwise been filed.
new text end

new text begin SIGNED ON THIS THE ...... DAY of .......
new text end

new text begin ............. District Judge
new text end

new text begin ............. District
new text end

new text begin ............. County, Minnesota
new text end

new text begin (d) If a determination is made after a hearing, the court may assess all costs related
to the entire review, including, but not limited to, filing fees, attorney fees, administrative
costs, and any other costs against the losing party, to be paid to the prevailing party.
new text end

new text begin (e) As used in this section, a financing statement or other record is fraudulent or
otherwise improper if it is filed without the authorization of the obligor, person named as
debtor, or owner of collateral described or indicated in the financing statement or other
record, or by consent of an agent, fiduciary, or other representative of that person or without
the consent of the secured party of record in the case of an amendment or termination.
new text end

new text begin (f) As used in this paragraph, filing office or filing officer refers to the office or
officer where a financing statement or other record is appropriately filed or recorded as
provided by law, including, but not limited to, the county recorder, and the secretary of
state, and other filing officers related thereto.
new text end

new text begin (g) If the movant files a subsequent motion under this section against any person
filing a financing statement or other record that is reviewed under this paragraph and
found to be filed or recorded with the authorization of the obligor, person named as debtor,
or owner of collateral described or indicated in the financing statement or other record,
or by consent of an agent, fiduciary, or other representative of that person, or with the
authorization of the secured party of record in the case of an amendment or termination,
the court may, in addition to assessing costs, order such other equitable relief against the
movant or enter other sanctions against the movant.
new text end

new text begin (h) The chief judge of a district court may order that any or all proceedings under
this section be conducted and heard by other judicial officers of that district court.
new text end

Sec. 2.

new text begin [604.17] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE
IMPROPER FINANCING STATEMENTS; HARASSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "financing statement" has the meaning given in section 336.9-102(a); and
new text end

new text begin (2) "filing officer" is defined as Uniform Commercial Code filing officer in each
jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Liability. new text end

new text begin (a) A person shall not knowingly cause to be presented for filing
or promote the filing of a financing statement that the person knows:
new text end

new text begin (1) is forged;
new text end

new text begin (2) is neither:
new text end

new text begin (i) related to a valid lien or security agreement; nor
new text end

new text begin (ii) filed pursuant to section 336.9-502(d); or
new text end

new text begin (3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or
otherwise interfere with any person.
new text end

new text begin (b) A person who violates paragraph (a) is liable to each injured person for:
new text end

new text begin (1) the greater of:
new text end

new text begin (i) $10,000; or
new text end

new text begin (ii) the actual damages caused by the violation;
new text end

new text begin (2) court costs;
new text end

new text begin (3) reasonable attorney fees;
new text end

new text begin (4) related expenses of bringing the action, including investigative expenses; and
new text end

new text begin (5) exemplary damages in the amount determined by the court.
new text end

new text begin Subd. 3. new text end

new text begin Cause of action. new text end

new text begin (a) The following persons may bring an action to enjoin
violation of this section or to recover damages under this section:
new text end

new text begin (1) the obligor, the person named as the debtor, any person who owns an interest
in the collateral described or indicated in the financing statement, or any person harmed
by the filing of the financing statement;
new text end

new text begin (2) the attorney general;
new text end

new text begin (3) a county attorney; and
new text end

new text begin (4) a municipal attorney.
new text end

new text begin (b) A filing officer may refer a matter to the attorney general or other appropriate
person for filing the legal actions under this section.
new text end

new text begin Subd. 4. new text end

new text begin Venue. new text end

new text begin An action under this section may be brought in any district court in
the county in which the financing statement is presented for filing or in a county where
any of the persons named in subdivision 3, paragraph (a), clause (1), resides.
new text end

new text begin Subd. 5. new text end

new text begin Filing fee. new text end

new text begin (a) The fee for filing an action under this section is $....... The
plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as
provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or
expense by the clerk of the court or other public official in connection with the action.
new text end

new text begin (b) The fee for service of notice of an action under this section charged to the
plaintiff may not exceed:
new text end

new text begin (1) $....... if the notice is delivered in person; or
new text end

new text begin (2) the cost of postage if the service is by registered or certified mail.
new text end

new text begin (c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file
with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
new text end

new text begin (d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes
for filing other similar actions and the plaintiff prevails in the action, the court may order a
defendant to pay to the court the differences between the fee paid under paragraph (a) and
the filing fee the court imposes for filing other similar actions.
new text end

new text begin Subd. 6. new text end

new text begin Other remedies. new text end

new text begin (a) An obligor, person named as a debtor, or owner of
collateral described or indicated by a financing statement in violation of subdivision 1,
paragraph (a), also may request specific relief, including, but not limited to, terminating
the financing statement and removing the debtor named in the financing statement from
the index such that it will not appear in a search under that debtor name.
new text end

new text begin (b) This law is cumulative of other law under which a person may obtain judicial
relief with respect to any filed or recorded document.
new text end

Sec. 3.

new text begin [604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE
IMPROPER FINANCING STATEMENTS; STRAW MAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "financing statement" has the meaning given in section 336.9-102(a) of the
Uniform Commercial Code; and
new text end

new text begin (2) filing officer" is defined as Uniform Commercial Code filing officer in each
jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Liability. new text end

new text begin (a) A person shall not knowingly cause to be presented for filing
or promote the filing of a financing statement that the person knows:
new text end

new text begin (1) is forged;
new text end

new text begin (2) is neither:
new text end

new text begin (i) related to a valid lien or security agreement; nor
new text end

new text begin (ii) filed pursuant to section 336.9-502(d); or
new text end

new text begin (3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or
otherwise interfere with any person.
new text end

new text begin (b) A person who violates paragraph (a) is liable to each injured person for:
new text end

new text begin (1) the greater of:
new text end

new text begin (i) $10,000; or
new text end

new text begin (ii) the actual damages caused by the violation;
new text end

new text begin (2) court costs;
new text end

new text begin (3) reasonable attorney fees;
new text end

new text begin (4) related expenses of bringing the action, including investigative expenses; and
new text end

new text begin (5) exemplary damages in the amount determined by the court.
new text end

new text begin Subd. 3. new text end

new text begin Cause of action. new text end

new text begin (a) The following persons may bring an action to enjoin
violation of this section or to recover damages under this section:
new text end

new text begin (1) the obligor, the person named as the debtor, any person who owns an interest
in the collateral described or indicated in the financing statement, or any person harmed
by the filing of the financing statement;
new text end

new text begin (2) the attorney general;
new text end

new text begin (3) a county attorney;
new text end

new text begin (4) a municipal attorney; and
new text end

new text begin (5) a person who has been damaged as a result of an action taken in reliance on the
filed financing statement.
new text end

new text begin (b) A filing officer may refer a matter to the attorney general or other appropriate
person for filing the legal actions under this section.
new text end

new text begin Subd. 4. new text end

new text begin Venue. new text end

new text begin An action under this section may be brought in any district court in
the county in which the financing statement is presented for filing or in a county where
any of the persons named in subdivision 3, paragraph (a), clause (1), resides.
new text end

new text begin Subd. 5. new text end

new text begin Filing fee. new text end

new text begin (a) The fee for filing an action under this chapter is $....... The
plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as
provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or
expense by the clerk of the court or other public official in connection with the action.
new text end

new text begin (b) The fee for service of notice of an action under this section charged to the
plaintiff may not exceed:
new text end

new text begin (1) $....... if the notice is delivered in person; or
new text end

new text begin (2) the cost of postage if the service is by registered or certified mail.
new text end

new text begin (c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file
with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
new text end

new text begin (d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes
for filing other similar actions and the plaintiff prevails in the action, the court may order a
defendant to pay to the court the differences between the fee paid under paragraph (a) and
the filing fee the court imposes for filing other similar actions.
new text end

new text begin Subd. 6. new text end

new text begin Other remedies. new text end

new text begin (a) An obligor, person named as a debtor, or owner of
collateral described or indicated by a financing statement in violation of subdivision 1,
paragraph (a), also may request specific relief, including, but not limited to, terminating
the financing statement and removing the debtor named in the financing statement from
the index such that it will not appear in a search under that debtor name.
new text end

new text begin (b) This law is cumulative of other law under which a person may obtain judicial
relief with respect to any filed or recorded document.
new text end

Sec. 4.

new text begin [609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING
STATEMENTS; HARASSMENT AND STRAW MAN.
new text end

new text begin (a) A person commits an offense if the person knowingly causes to be presented
for filing, or promotes the filing of, a record as defined in section 336.9-102 that the
person knows:
new text end

new text begin (1) is neither:
new text end

new text begin (i) related to a valid lien or security agreement; nor
new text end

new text begin (ii) filed pursuant to section 336.9-502(d);
new text end

new text begin (2) contains a forged signature or is based upon a document containing a forged
signature; and
new text end

new text begin (3) is presented for filing or caused to be presented for filing with the intent that it be
used for an improper purpose or purposes, such as to harass, hinder, defraud, or otherwise
interfere with any person.
new text end

new text begin (b) An offense under this section is a gross misdemeanor, except that if the
circumstances set forth in section 609.749, subdivision 3, are met, in which event the
offense is a felony.
new text end

Sec. 5.

Minnesota Statutes 2005 Supplement, section 609.749, subdivision 2, is
amended to read:

Subd. 2.

Harassment and stalking crimes.

(a) A person who harasses another by
committing any of the following acts is guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to injure the person, property,
or rights of another by the commission of an unlawful act;

(2) stalks, follows, monitors, or pursues another, whether in person or through
technological or other means;

(3) returns to the property of another if the actor is without claim of right to the
property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to
the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, or other objects; deleted text begin or
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(7) knowingly makes false allegations against a peace officer concerning the
officer's performance of official duties with intent to influence or tamper with the officer's
performance of official duties deleted text begin . deleted text end new text begin ; or
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new text begin (8) knowingly causes to be presented for filing, or promotes the filing of, a record as
defined in section 9-102 of the Uniform Commercial Code that the person knows:
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new text begin (i) is neither:
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new text begin (A) related to a valid lien or security agreement; nor
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new text begin (B) filed pursuant to section 9-502(d) of the Uniform Commercial Code;
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new text begin (ii) contains a forged signature; and
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new text begin (iii) is presented for filing or caused to be presented for filing with the intent that
it be used for an improper purpose or purposes, such as to harass, hinder, defraud, or
otherwise interfere with any person.
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(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at
the place where any call is either made or received or, additionally in the case of wireless
or electronic communication, where the actor or victim resides. The conduct described
in paragraph (a), clause (2), may be prosecuted where the actor or victim resides. The
conduct described in paragraph (a), clause (6), may be prosecuted where any letter,
telegram, message, package, or other object is either sent or received or, additionally in
the case of wireless or electronic communication, where the actor or victim resides. new text begin The
conduct described in paragraph (a), clause (8), may be prosecuted in either the county of
residence of the individual named as debtor, or the county in which the filing is made.
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(c) A peace officer may not make a warrantless, custodial arrest of any person for a
violation of paragraph (a), clause (7).