HF 785

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

  1.1                          A bill for an act
  1.2             relating to crime; expanding the scope of first degree 
  1.3             burglary; amending Minnesota Statutes 1994, section 
  1.4             609.582, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 609.582, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
  1.9   enters a building without consent and with intent to commit a 
  1.10  crime, or enters a building without consent and commits a crime 
  1.11  while in the building, commits burglary in the first degree and 
  1.12  may be sentenced to imprisonment for not more than 20 years or 
  1.13  to payment of a fine of not more than $35,000, or both, if:  
  1.14     (a) the building is a dwelling and another person, not an 
  1.15  accomplice, is present in it when the burglar enters or at any 
  1.16  time while the burglar is in the building; 
  1.17     (b) the burglar possesses, when entering or at any time 
  1.18  while in the building, any of the following:  a dangerous 
  1.19  weapon, any article used or fashioned in a manner to lead the 
  1.20  victim to reasonably believe it to be a dangerous weapon, or an 
  1.21  explosive; or 
  1.22     (c) the burglar assaults a person within the building or on 
  1.23  the building's appurtenant property.  
  1.24     Sec. 2.  [EFFECTIVE DATE.] 
  1.25     Section 1 is effective August 1, 1995, and applies to 
  2.1   crimes committed on or after that date.