HF 817

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 02:52pm

A bill for an act
relating to public safety; establishing crimes for interfering with point-of-sale
terminals, gas pump dispensers, and automated teller machines; amending
Minnesota Statutes 2016, sections 609.87, by adding subdivisions; 609.891,
subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2016, section 609.87, is amended by adding a subdivision
to read:

Subd. 15.

Electronic terminal.

"Electronic terminal" means an electronic device, other
than a telephone operated by a consumer, through which an individual or company may
initiate an electronic fund transfer. The term includes, but is not limited to, point-of-sale
terminals, automated teller machines, cash dispensing machines, and gas pump dispensers.

Sec. 2.

Minnesota Statutes 2016, section 609.87, is amended by adding a subdivision to
read:

Subd. 16.

Access device.

"Access device" means a card that is used by an individual or
company to initiate transactions and is:

(1) a means of access to an individual's or company's account;

(2) issued on a prepaid basis to the individual or company in a specific amount; or

(3) used by the individual or company to access government benefits.

Sec. 3.

Minnesota Statutes 2016, section 609.891, subdivision 1, is amended to read:

Subdivision 1.

Crime.

A person is guilty of unauthorized computer access if the person
intentionally and without authorization attempts to or does penetrate a computer security
system or electronic terminal.

Sec. 4.

Minnesota Statutes 2016, section 609.891, subdivision 2, is amended to read:

Subd. 2.

Felony.

(a) A person who violates subdivision 1 in a manner that creates a
grave risk of causing the death of a person is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.

(b) A person who is convicted of a second or subsequent gross misdemeanor violation
of subdivision 1 is guilty of a felony and may be sentenced under paragraph (a).

(c) A person who violates subdivision 1 by accessing an electronic terminal through
opening any panel or access door without authorization and placing or attaching an electronic
device to capture, store, or communicate access device information is guilty of a felony.

EFFECTIVE DATE.

This section is effective August 1, 2017, and applies to crimes
committed on or after that date.

Sec. 5.

Minnesota Statutes 2016, section 609.891, subdivision 3, is amended to read:

Subd. 3.

Gross misdemeanor.

(a) A person who violates subdivision 1 in a manner that
creates a risk to public health and safety is guilty of a gross misdemeanor and may be
sentenced to imprisonment for a term of not more than one year or to payment of a fine of
not more than $3,000, or both.

(b) A person who violates subdivision 1 in a manner that compromises the security of
data that are protected under section 609.52, subdivision 2, clause (8), or are not public data
as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may be
sentenced under paragraph (a).

(c) A person who violates subdivision 1 and gains access to personal data is guilty of a
gross misdemeanor and may be sentenced under paragraph (a).

(d) A person who is convicted of a second or subsequent misdemeanor violation of
subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced
under paragraph (a).

(e) A person who violates subdivision 1 by accessing an electronic terminal through
opening any panel or access door without authorization is guilty of a gross misdemeanor
and may be sentenced under paragraph (a).

EFFECTIVE DATE.

This section is effective August 1, 2017, and applies to crimes
committed on or after that date.