SF 287

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying and modifying 
  1.3             the crime of nonsupport of a spouse or child; amending 
  1.4             Minnesota Statutes 2000, section 609.375, subdivisions 
  1.5             1, 2, 2a, and by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 609.375, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [CRIME DEFINED.] Whoever is legally 
  1.10  obligated to provide care and support to a spouse or child, 
  1.11  whether or not its custody has been granted to another, and 
  1.12  knowingly omits and fails without lawful excuse to do so is 
  1.13  guilty of a misdemeanor, and upon conviction may be sentenced to 
  1.14  imprisonment for not more than 90 days or to payment of a fine 
  1.15  of not more than $700, or both. 
  1.16     Sec. 2.  Minnesota Statutes 2000, section 609.375, 
  1.17  subdivision 2, is amended to read: 
  1.18     Subd. 2.  [GROSS MISDEMEANOR VIOLATION.] If the violation 
  1.19  of subdivision 1 continues for a period in excess of 90 days but 
  1.20  not more than 180 days, or if during this period less than 25 
  1.21  percent of the amount of court-ordered child support or 
  1.22  maintenance owed was paid, the person is guilty of a gross 
  1.23  misdemeanor and may be sentenced to imprisonment for not more 
  1.24  than one year or to payment of a fine of not more than $3,000, 
  1.25  or both. 
  2.1      Sec. 3.  Minnesota Statutes 2000, section 609.375, 
  2.2   subdivision 2a, is amended to read: 
  2.3      Subd. 2a.  [FELONY VIOLATION.] If the violation of 
  2.4   subdivision 1 continues for a period in excess of 180 days, or 
  2.5   if during this period less than 25 percent of the amount of 
  2.6   court-ordered child support or maintenance owed was paid, the 
  2.7   person is guilty of a felony and upon conviction may be 
  2.8   sentenced to imprisonment for not more than two years or to 
  2.9   payment of a fine of not more than $5,000, or both. 
  2.10     Sec. 4.  Minnesota Statutes 2000, section 609.375, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 8.  [DEFENSES.] It is an affirmative defense to 
  2.13  criminal liability under this section if the defendant proves by 
  2.14  a preponderance of the evidence that the omission and failure to 
  2.15  provide care and support were with lawful excuse. 
  2.16     Sec. 5.  [EFFECTIVE DATE.] 
  2.17     Sections 1 to 4 are effective August 1, 2001, and apply to 
  2.18  crimes committed on or after that date.