HF 3977

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 02:11pm

A bill for an act
relating to public safety; enhancing the penalty for arson directed at a political
organization or motivated by a political purpose; amending Minnesota Statutes
2022, sections 609.561, by adding a subdivision; 609.563, by adding a subdivision;
609.5631, by adding a subdivision; 609.5632.

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

Section 1.

Minnesota Statutes 2022, section 609.561, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin First degree; political organization. new text end

new text begin Whoever unlawfully by means of fire or
explosives intentionally destroys or damages any building, whether the property of the actor
or another, commits arson in the first degree and may be sentenced to imprisonment for not
more than 25 years or to a fine of not more than $40,000, or both if:
new text end

new text begin (1) the building housed a political organization;
new text end

new text begin (2) the offense was committed in whole or in substantial part because of an actual or
perceived association between the building, building's owner, or building's occupant and
any political organization; or
new text end

new text begin (3) the offense was committed in whole or in substantial part to make any political
statement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.563, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Political motivation. new text end

new text begin Whoever violates subdivision 1 may be sentenced to
imprisonment for not more than 90 months or to payment of a fine of $12,500, or both, if:
new text end

new text begin (1) the real or personal property is owned or controlled by a political organization;
new text end

new text begin (2) the offense was committed in whole or in substantial part because of an actual or
perceived association between the real or personal property and any political organization;
or
new text end

new text begin (3) the offense was committed in whole or in substantial part to make any political
statement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 609.5631, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Political motivation. new text end

new text begin Whoever violates subdivision 2 may be sentenced to
imprisonment for not more than one year or to payment of a fine of $5,000, or both, if:
new text end

new text begin (1) the personal property is owned or controlled by a political organization;
new text end

new text begin (2) the offense was committed in whole or in substantial part because of an actual or
perceived association between the personal property and any political organization; or
new text end

new text begin (3) the offense was committed in whole or in substantial part to make any political
statement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 609.5632, is amended to read:

609.5632 ARSON IN THE FIFTH DEGREE.

new text begin (a) new text end Whoever intentionally by means of fire or explosives sets fire to or burns or causes
to be burned any real or personal property of value is guilty of a misdemeanor 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 begin (b) Whoever violates paragraph (a) may be sentenced to imprisonment for not more than
364 days or to payment of a fine of $3,000, or both, if:
new text end

new text begin (1) the real or personal property is owned or controlled by a political organization;
new text end

new text begin (2) the offense was committed in whole or in substantial part because of an actual or
perceived association between the real or personal property and any political organization;
or
new text end

new text begin (3) the offense was committed in whole or in substantial part to make any political
statement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end