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Minnesota Legislature

Office of the Revisor of Statutes

HF 817

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/14/2018 10:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to public safety; establishing crimes for interfering or attempting to interfere
with point-of-sale terminals, gas pump dispensers, and automated teller machines;
amending Minnesota Statutes 2016, sections 609.87, subdivision 2a, 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, subdivision 2a, is amended to read:


Subd. 2a.

Authorization.

new text begin(a) new text end"Authorization" meansnew text begin:
new text end

new text begin (1)new text end with the permission of the owner of the computer, computer system, computer
network, computer software, or other propertynew text begin;
new text end

new text begin (2) access by employees of the Department of Commerce acting under the authority and
powers granted to the director of the Weights and Measures Division in chapter 239 at any
time the device is commercially available for use;
new text end

new text begin (3) access by registrants in the voluntary placing in service program and registered
liquefied petroleum gas (LPG) meter inspectors acting under the authority and powers
granted in Minnesota Rules, part 7601, but only at times specified by the device owner or
operator or the device owner's or operator's designated representative; or
new text end

new text begin (4) access by other people who have the express permission of the device owner or
operator or the device owner's or operator's designated representative but only at times as
approved by the device owner or operator and only for purposes approved by the device
owner or operator
new text end.

new text begin (b)new text end Authorization may be limited by the owner by:

(1) giving the user actual notice orally or in writing;

(2) posting a written notice in a prominent location adjacent to the computer being used;
or

(3) using a notice displayed on or announced by the computer being used.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

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


new text begin Subd. 15. new text end

new text begin Electronic terminal. new text end

new text begin "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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

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


new text begin Subd. 16. new text end

new text begin Access device. new text end

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

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

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

new text begin (3) used by the individual or company to access government benefits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

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
systemnew text begin or electronic terminalnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

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).

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

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).

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end