SF 409

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; recodifying, clarifying, modifying, 
  1.3             and relocating provisions relating to crimes; 
  1.4             recodifying, clarifying, and relocating 
  1.5             substance-related vehicular and other major traffic 
  1.6             offenses; revising the nonfelony penalty structure by 
  1.7             providing greater flexibility in distinguishing 
  1.8             between the most serious and least serious nonfelony 
  1.9             offenses and thereby achieving greater proportionality 
  1.10            between penalties; authorizing efficiency measures to 
  1.11            relieve court caseloads; providing criminal and civil 
  1.12            penalties; amending Minnesota Statutes 1996, sections 
  1.13            3.739, subdivision 1; 3C.10, subdivision 1; 260.015, 
  1.14            subdivision 21; 270A.03, subdivision 5; 340A.503, 
  1.15            subdivision 1; 366.01, subdivision 10, and by adding 
  1.16            subdivisions; 375.53; 412.231; 518B.01, subdivision 
  1.17            14; and 645.241; proposing coding for new law in 
  1.18            Minnesota Statutes, chapters 97B; 410; and 609A; 
  1.19            proposing coding for new law as Minnesota Statutes, 
  1.20            chapters 169A; 169B; 169C; 609B; 609C; 609D; 609E; 
  1.21            609F; 609G; 609H; 609I; 609J; 609K; 609L; 609M; and 
  1.22            609N; repealing Minnesota Statutes 1996, chapters 152; 
  1.23            609; 611A; 617; and 624; sections 148A.01; 148A.02; 
  1.24            148A.03; 148A.04; 148A.05; 148A.06; 168.2701; 
  1.25            168.2702; 169.01; 169.02, subdivision 1; 169.022; 
  1.26            169.025; 169.03; 169.04; 169.05; 169.09; 169.10; 
  1.27            169.11; 169.121; 169.1211; 169.1215; 169.1216; 
  1.28            169.1217; 169.122; 169.123; 169.124; 169.125; 169.126; 
  1.29            169.1261; 169.1265; 169.128; 169.129; 169.13; 169.89; 
  1.30            169.891; 169.90; 169.901; 169.91; 169.92; 169.93; 
  1.31            169.94; 169.95; 169.96; 169.965; 169.966; 169.97; 
  1.32            169.98; 169.983; 169.985; 169.99; 299C.065, 
  1.33            subdivisions 1a and 3a; 332.50; 332.51; 340A.503, 
  1.34            subdivision 3; 626A.02; 626A.03; 626A.13; 626A.20; 
  1.35            626A.25; 626A.26; 626A.32; 626A.33; 626A.35; 626A.391; 
  1.36            and 626A.40. 
  1.37  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.38                             ARTICLE 1 
  1.39                            VEHICLE CODE 
  1.40                         GENERAL PRINCIPLES 
  1.41     Section 1.  [169A.01] [NAME.] 
  2.1      Chapters 169A to 169N may be cited as the vehicle code. 
  2.2      Sec. 2.  [169A.03] [SCOPE, CONSTRUCTION, AND EFFECT.] 
  2.3      Subdivision 1.  [APPLICATION TO PERSONS, PLACES, AND 
  2.4   VEHICLES.] The provisions of the vehicle code relating to the 
  2.5   operation of vehicles refer exclusively to the operation of 
  2.6   vehicles upon highways, and upon highways, streets, private 
  2.7   roads, and roadways situated on property owned, leased, or 
  2.8   occupied by the regents of the University of Minnesota, or the 
  2.9   University of Minnesota, except: 
  2.10     (a) where a different place is specifically referred to in 
  2.11  a given section; and 
  2.12     (b) the provisions of chapters 169B (substance-related 
  2.13  provisions) and 169C (other major vehicular offenses) apply to 
  2.14  any person who drives, operates, or is in physical control of a 
  2.15  motor vehicle within this state or upon the ice of any boundary 
  2.16  water of this state, and to any person who drives, operates, or 
  2.17  is in physical control of a snowmobile on a snowmobile trail 
  2.18  within this state.  
  2.19     Subd. 2.  [PARENTHETICAL REFERENCES.] Words set forth in 
  2.20  parentheses after references to sections, subdivisions, or 
  2.21  paragraphs are mere catchwords included solely for convenience 
  2.22  in reference.  They are not substantive and may not be used to 
  2.23  construe or limit the meaning of any statutory language. 
  2.24     Subd. 3.  [INTERPRETATION AND CONSTRUCTION.] The provisions 
  2.25  of the vehicle code shall be interpreted and construed as to 
  2.26  effectuate their general purpose to make uniform the law of 
  2.27  those states that enact them.  
  2.28     Subd. 4.  [PRIMA FACIE EVIDENCE OF NEGLIGENCE.] In all 
  2.29  civil actions, a violation of a provision of the vehicle code by 
  2.30  any party to the action is not negligence per se but is prima 
  2.31  facie evidence of negligence only.  
  2.32     Subd. 5.  [ENHANCEMENT BECAUSE OF OFFENSE COMMITTED BEFORE 
  2.33  EFFECTIVE DATE.] A conviction for an offense committed before 
  2.34  the effective date of the vehicle code may be used as the basis 
  2.35  for punishing an offense at a higher degree or punishing an 
  2.36  offense as a gross misdemeanor rather than a misdemeanor.  The 
  3.1   degree of the prior offense is governed by the law in effect at 
  3.2   the time the offense was committed. 
  3.3      Sec. 3.  [169A.05] [DEFINITIONS.] 
  3.4      Subdivision 1.  [TERMS.] For purposes of the vehicle code, 
  3.5   unless the language or context clearly indicates that a 
  3.6   different meaning is intended: 
  3.7      (a) the terms defined in this section have the meanings 
  3.8   ascribed to them; and 
  3.9      (b) the terms defined in sections 609A.05 to 609A.09 
  3.10  (criminal code general, offense, and mental state definitions) 
  3.11  have the meanings ascribed to them in those sections unless the 
  3.12  term is otherwise defined in the vehicle code.  
  3.13     Subd. 2.  [ALCOHOL CONCENTRATION.] "Alcohol concentration" 
  3.14  means the number of grams of alcohol: 
  3.15     (a) per 100 milliliters of blood; 
  3.16     (b) per 210 liters of breath; or 
  3.17     (c) per 67 milliliters of urine.  
  3.18     Subd. 3.  [ALLEYWAY.] "Alleyway" means a private or public 
  3.19  passage or way located in a city that: 
  3.20     (a) is less than the usual width of a street; 
  3.21     (b) may be open to but is not designed primarily for 
  3.22  general vehicular traffic; 
  3.23     (c) intersects or opens to a street; and 
  3.24     (d) is primarily used for the ingress and egress or other 
  3.25  convenience of two or more owners of abutting real properties. 
  3.26     Subd. 4.  [APPROVED DRIVER IMPROVEMENT CLINIC.] "Approved 
  3.27  driver improvement clinic" means a clinic whose curriculum and 
  3.28  mode of instruction conform to standards promulgated by the 
  3.29  commissioner.  
  3.30     Subd. 5.  [AUTHORIZED EMERGENCY VEHICLE.] "Authorized 
  3.31  emergency vehicle" means any of the following vehicles when 
  3.32  equipped and identified according to law: 
  3.33     (a) a vehicle of a fire department; 
  3.34     (b) a publicly owned police vehicle or a privately owned 
  3.35  vehicle used by a peace officer for police work under agreement, 
  3.36  express or implied, with the local authority to which the 
  4.1   officer is responsible; 
  4.2      (c) a vehicle of a licensed land emergency ambulance 
  4.3   service, whether publicly or privately owned; 
  4.4      (d) an emergency vehicle of a city department or a public 
  4.5   service corporation, approved by the commissioner of public 
  4.6   safety or the chief of police of a city; 
  4.7      (e) any volunteer rescue squad operating pursuant to Laws 
  4.8   1959, chapter 53; 
  4.9      (f) a vehicle designated as an authorized emergency vehicle 
  4.10  upon a finding by the commissioner that designation of that 
  4.11  vehicle is necessary to the preservation of life or property or 
  4.12  to the execution of emergency governmental functions.  
  4.13     Subd. 6.  [BICYCLE.] "Bicycle" means every device propelled 
  4.14  solely by human power upon which any person may ride, having two 
  4.15  tandem wheels except scooters and similar devices and including 
  4.16  any device generally recognized as a bicycle though equipped 
  4.17  with two front or rear wheels.  
  4.18     Subd. 7.  [BICYCLE LANE.] "Bicycle lane" means a portion of 
  4.19  a roadway or shoulder designed for exclusive or preferential use 
  4.20  by persons using bicycles.  Bicycle lanes are to be 
  4.21  distinguished from the portion of the roadway or shoulder used 
  4.22  for motor vehicle traffic by physical barrier, striping, 
  4.23  marking, or other similar device.  
  4.24     Subd. 8.  [BICYCLE PATH.] "Bicycle path" means a bicycle 
  4.25  facility designed for exclusive or preferential use by persons 
  4.26  using bicycles and constructed or developed separately from the 
  4.27  roadway or shoulder.  
  4.28     Subd. 9.  [BICYCLE ROUTE.] "Bicycle route" means a roadway 
  4.29  or shoulder signed to encourage bicycle use. 
  4.30     Subd. 10.  [BIKEWAY.] "Bikeway" means a bicycle lane, 
  4.31  bicycle path, or bicycle route, regardless of whether it is 
  4.32  designed for the exclusive use of bicycles or is to be shared 
  4.33  with other transportation modes.  
  4.34     Subd. 11.  [BUG DEFLECTOR.] "Bug deflector" means a 
  4.35  nonilluminated, transparent device attached to the hood of a 
  4.36  motor vehicle so as to deflect the air stream.  
  5.1      Subd. 12.  [BUILDING MOVER VEHICLE.] "Building mover 
  5.2   vehicle" means a vehicle owned or leased by a building mover as 
  5.3   defined in section 221.81, subdivision 1, paragraph (a), and 
  5.4   used exclusively for moving buildings.  
  5.5      Subd. 13.  [BUS.] "Bus" means every motor vehicle designed 
  5.6   for carrying more than 15 passengers including the driver and 
  5.7   used for the transportation of persons.  
  5.8      Subd. 14.  [BUSINESS DISTRICT.] "Business district" means 
  5.9   the territory contiguous to and including a highway when 50 
  5.10  percent or more of the frontage thereon for a distance of 300 
  5.11  feet or more is occupied by buildings in use for business. 
  5.12     Subd. 15.  [BUSPOOL.] "Buspool" means a prearranged 
  5.13  ridesharing arrangement in which a group of persons travel 
  5.14  together on a regular basis in a bus, especially to and from 
  5.15  their place of employment or to and from a transit stop 
  5.16  authorized by a local transit authority.  
  5.17     Subd. 16.  [CARPOOL.] "Carpool" means a prearranged 
  5.18  ridesharing arrangement in which two or more persons travel 
  5.19  together on a regular basis in an automobile, especially to and 
  5.20  from their place of employment or to and from a transit stop 
  5.21  authorized by a local transit authority.  
  5.22     Subd. 17.  [COMMERCIAL DRIVER EDUCATION INSTRUCTOR.] 
  5.23  "Commercial driver education instructor" means any person, 
  5.24  whether acting as operator of a commercial driver education 
  5.25  school or as an employee of any such school, who teaches or 
  5.26  supervises persons learning to drive motor vehicles or preparing 
  5.27  to take an examination for a driver's license, and any person 
  5.28  who supervises the work of a commercial driver education 
  5.29  instructor.  
  5.30     Subd. 18.  [COMMERCIAL DRIVER EDUCATION SCHOOL.] 
  5.31  "Commercial driver education school" means a business enterprise 
  5.32  conducted by an individual, association, partnership, or 
  5.33  corporation, which charges a fee, for the education and training 
  5.34  of persons to drive motor vehicles or for the preparation of an 
  5.35  applicant for a driver's license examination given by the state. 
  5.36     Subd. 19.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
  6.1   motor vehicle" means a motor vehicle or combination of motor 
  6.2   vehicles used to transport passengers or property if the motor 
  6.3   vehicle: 
  6.4      (1) has a gross vehicle weight of more than 26,000 pounds; 
  6.5      (2) has a towed unit with a gross vehicle weight of more 
  6.6   than 10,000 pounds and the combination of vehicles has a 
  6.7   combined gross vehicle weight of more than 26,000 pounds; 
  6.8      (3) is a bus; 
  6.9      (4) is of any size and is used in the transportation of 
  6.10  hazardous materials, except for vehicles having a gross vehicle 
  6.11  weight of 26,000 pounds or less while carrying in bulk tanks a 
  6.12  total of not more than 200 gallons of petroleum products and 
  6.13  liquid fertilizer; or 
  6.14     (5) is outwardly equipped and identified as a school bus, 
  6.15  except for type III school buses described in the definition of 
  6.16  school bus. 
  6.17     (b) For purposes of sections 169B.21, subdivision 3 
  6.18  (screening test if any alcohol), 169B.35, subdivisions 2 and 4 
  6.19  (disqualification for refusal to test if any alcohol or 0.04 
  6.20  concentration), and 169B.51 to 169B.595 (substance-related 
  6.21  commercial driving), "commercial motor vehicle" does not include 
  6.22  a farm truck, firefighting equipment, or recreational equipment 
  6.23  being operated by a person within the scope of section 169J.03, 
  6.24  subdivision 2, paragraph (a) (class D license).  
  6.25     Subd. 20.  [COMMERCIAL USER.] "Commercial user" means a 
  6.26  user who in one location requests access to data in more than 
  6.27  five accident reports per month, unless the user establishes 
  6.28  that access is not for a commercial purpose.  
  6.29     Subd. 21.  [COMMISSIONER.] (a) Unless stated otherwise, 
  6.30  "commissioner" means the commissioner of public safety of this 
  6.31  state.  
  6.32     (b) For purposes of chapters 169D (moving violations) and 
  6.33  169G (size and weight), unless stated otherwise, "commissioner" 
  6.34  means the commissioner of transportation of this state. 
  6.35     (c) Regardless of the commissioner referred to, however, 
  6.36  the commissioner is to be considered as acting directly or 
  7.1   through the commissioner's duly authorized officers and agents. 
  7.2      Subd. 22.  [COMMUTER VANPOOL.] "Commuter vanpool" means a 
  7.3   prearranged ridesharing arrangement in which seven to 16 persons 
  7.4   travel together on a regular basis in a commuter van, especially 
  7.5   to and from their place of employment or to and from a transit 
  7.6   stop authorized by a local transit authority.  
  7.7      Subd. 23.  [CONTROLLED ACCESS HIGHWAY.] "Controlled access 
  7.8   highway" means every highway, street, or roadway in respect to 
  7.9   which the right of access of the owners or occupants of abutting 
  7.10  lands and other persons has been acquired and to which the 
  7.11  owners or occupants of abutting lands and other persons have no 
  7.12  legal right of access to or from the same except at such points 
  7.13  only and in such manner as may be determined by the public 
  7.14  authority having jurisdiction over the highway, street, or 
  7.15  roadway.  
  7.16     Subd. 24.  [CONVICTION.] (a) "Conviction" means a final 
  7.17  conviction either after trial or upon a plea of guilty. 
  7.18     (b) "Conviction" also includes: 
  7.19     (1) payment of an infraction penalty; 
  7.20     (2) failure to satisfy or make arrangements to satisfy an 
  7.21  infraction penalty; 
  7.22     (3) failure to contest a citation by the penalty due date; 
  7.23  or 
  7.24     (4) a hearing officer's or judge's decision that a person 
  7.25  committed an infraction. 
  7.26     (c) For purposes of chapter 169J (drivers' licenses), any 
  7.27  of the following is equivalent to a conviction: 
  7.28     (1) a forfeiture of cash or collateral deposited to 
  7.29  guarantee a defendant's appearance in court, which forfeiture 
  7.30  has not been vacated; 
  7.31     (2) the failure to comply with a written notice to appear 
  7.32  in court; or 
  7.33     (3) a breach of a condition of release without bail. 
  7.34     Subd. 25.  [COURT ADMINISTRATOR.] "Court administrator" 
  7.35  means the district court administrator or a deputy district 
  7.36  court administrator of the district court that has jurisdiction. 
  8.1      Subd. 26.  [CROSSWALK.] "Crosswalk" means: 
  8.2      (a) that portion of a roadway ordinarily included with the 
  8.3   prolongation or connection of the lateral lines of sidewalks at 
  8.4   intersections; or 
  8.5      (b) any portion of a roadway distinctly indicated for 
  8.6   pedestrian crossing by lines or other markings on the surface. 
  8.7      Subd. 27.  [CUSTOM SERVICE VEHICLE.] "Custom service 
  8.8   vehicle" means any vehicle used as a well-drilling machine, 
  8.9   wood-sawing machine, cement mixer, rock crusher, road grader, 
  8.10  ditch digger, elevating grader, or similar service equipment. 
  8.11     Subd. 28.  [DEPARTMENT.] (a) Unless stated otherwise, 
  8.12  "department" means the department of public safety of this state.
  8.13     (b) For purposes of chapters 169D (moving violations) and 
  8.14  169G (size and weight), "department" means the department of 
  8.15  transportation of this state.  
  8.16     (c) Regardless of the department referred to, however, the 
  8.17  department is to be considered as acting directly or through its 
  8.18  duly authorized officers and agents.  
  8.19     Subd. 29.  [DISQUALIFYING OFFENSE.] "Disqualifying offense" 
  8.20  means: 
  8.21     (a) any felony offense; 
  8.22     (b) any misdemeanor, gross misdemeanor, or felony violation 
  8.23  of chapter 609F (controlled substances); 
  8.24     (c) any violation under section 609C.519 (gross misdemeanor 
  8.25  criminal sexual conduct), 609D.77, subdivision 1 (intrusive 
  8.26  observation), or 609D.79 (indecent exposure); 
  8.27     (d) any violation, while driving, operating, or being in 
  8.28  physical control of a school bus or a Head Start bus, of section 
  8.29  169B.11 (driver under influence), or 169B.41 (refusal to test); 
  8.30  or 
  8.31     (e) any violation of a similar statute or ordinance from 
  8.32  another state.  
  8.33     Subd. 30.  [DOCUMENT.] "Document" includes a bill of 
  8.34  lading, freight bill, weight certification, or other similar 
  8.35  document.  
  8.36     Subd. 31.  [DRIVER.] (a) "Driver" means any person who 
  9.1   drives or is in physical control of a vehicle.  
  9.2      (b) For purposes of chapter 169L (drivers' licenses), 
  9.3   "driver" means any person who drives or is in physical control 
  9.4   of a motor vehicle.  
  9.5      Subd. 32.  [DRIVER IMPROVEMENT CLINIC.] "Driver improvement 
  9.6   clinic" means a formal course of study established under section 
  9.7   169L.61, designed primarily to assist persons convicted of 
  9.8   traffic violations in correcting improper driving habits and to 
  9.9   familiarize them with traffic regulation statutes. 
  9.10     Subd. 33.  [ELECTRIC-ASSISTED BICYCLE.] "Electric-assisted 
  9.11  bicycle" means a motor vehicle with two or three wheels that: 
  9.12     (a) has a saddle and fully operable pedals for human 
  9.13  propulsion; 
  9.14     (b) meets the requirements of federal motor vehicle safety 
  9.15  standards in Code of Federal Regulations, title 49, part 571; 
  9.16  and 
  9.17     (c) has an electric motor that: 
  9.18     (1) has a power output of not more than 1,000 watts; 
  9.19     (2) is incapable of propelling the vehicle at a speed of 
  9.20  more than 20 miles per hour; 
  9.21     (3) is incapable of further increasing the speed of the 
  9.22  device when human power alone is used to propel the vehicle at a 
  9.23  speed of more than 20 miles per hour; and 
  9.24     (4) disengages or ceases to function when the vehicle's 
  9.25  brakes are applied.  
  9.26     Subd. 34.  [EXECUTIVE HEAD.] "Executive head," with 
  9.27  reference to this state, means the governor of Minnesota. 
  9.28     Subd. 35.  [EXPLOSIVE.] "Explosive" means any chemical 
  9.29  compound or mechanical mixture that is commonly used or intended 
  9.30  for the purpose of producing an explosion and that contains any 
  9.31  oxidizing and combustive units or other ingredients in such 
  9.32  proportions, quantities, or packing that an ignition by fire, by 
  9.33  friction, by concussion, by percussion, or by detonator of any 
  9.34  part of the compound or mixture may cause such a sudden 
  9.35  generation of highly heated gases that the resultant gaseous 
  9.36  pressures are capable of producing destructible effects on 
 10.1   contiguous objects or of destroying life or limb.  
 10.2      Subd. 36.  [FARM TRACTOR.] "Farm tractor" means every motor 
 10.3   vehicle designed and used primarily as a farm implement for 
 10.4   drawing plows, mowing machines, and other implements of 
 10.5   husbandry.  
 10.6      Subd. 37.  [FARM TRUCK.] For purposes of chapter 169L 
 10.7   (drivers' licenses) only, "farm truck" means a single-unit 
 10.8   truck, including a pickup truck as defined in section 168.011; 
 10.9   truck-tractor; tractor; semitrailer; or trailer, used by its 
 10.10  owner: 
 10.11     (a) to transport from the farm to the market agricultural, 
 10.12  horticultural, dairy, or other farm products, including 
 10.13  livestock, produced or finished by the owner; 
 10.14     (b) to transport the owner's other personal property from 
 10.15  the farm to market; or 
 10.16     (c) to transport property and supplies to the owner's farm. 
 10.17     Subd. 38.  [FIRST AID EQUIPMENT.] "First aid equipment" 
 10.18  means equipment carried for the purpose of rendering first aid 
 10.19  to sick or injured persons as prescribed by the department for 
 10.20  its state patrol vehicles.  It includes materials for applying 
 10.21  splints to fractures.  
 10.22     Subd. 39.  [FIRST HAUL.] "First haul" means the first, 
 10.23  continuous transportation from the place of production or 
 10.24  on-farm storage site to any other location within 50 miles of 
 10.25  the place of production or on-farm storage site.  
 10.26     Subd. 40.  [FLAMMABLE LIQUID.] "Flammable liquid" means any 
 10.27  liquid that has a flash point of 70 degrees Fahrenheit, or less, 
 10.28  as determined by a tagliabue or equivalent closed cup test 
 10.29  device.  
 10.30     Subd. 41.  [FOUR-WHEEL ALL-TERRAIN VEHICLE.] "Four-wheel 
 10.31  all-terrain vehicle" means a motorized flotation-tired vehicle 
 10.32  with four low-pressure tires that is limited in engine 
 10.33  displacement of less than 800 cubic centimeters and total dry 
 10.34  weight less than 600 pounds.  
 10.35     Subd. 42.  [GROSS VEHICLE WEIGHT.] "Gross vehicle weight" 
 10.36  means the greater of: 
 11.1      (a) the unloaded weight of a vehicle or the unloaded weight 
 11.2   of a truck-tractor and semitrailer combination, plus the weight 
 11.3   of the load; or 
 11.4      (b) the value specified by the manufacturer as the maximum 
 11.5   gross weight or gross vehicle weight rating.  
 11.6      Subd. 43.  [GROSS WEIGHT.] "Gross weight" means the weight 
 11.7   on any single wheel, any single axle or group of consecutive 
 11.8   axles, and the gross vehicle weight.  
 11.9      Subd. 44.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
 11.10  means those materials found to be hazardous for the purposes of 
 11.11  the federal Hazardous Materials Transportation Act and that 
 11.12  require the motor vehicle to be placarded under Code of Federal 
 11.13  Regulations, title 49, part 172, subpart F.  
 11.14     Subd. 45.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
 11.15  means any chemical or chemical compound that is listed as a 
 11.16  hazardous substance in rules adopted under chapter 182. 
 11.17     Subd. 46.  [HEAD START BUS.] (a) "Head Start bus" means a 
 11.18  motor vehicle used to transport children or parents to or from a 
 11.19  Head Start facility, or to or from Head Start-related 
 11.20  activities, by the Head Start grantee, or by someone under an 
 11.21  agreement with the Head Start grantee.  "Head Start bus" does 
 11.22  not include a motor vehicle transporting children or parents to 
 11.23  or from a Head Start facility for which parents or guardians 
 11.24  receive direct compensation from a Head Start grantee, a motor 
 11.25  coach operating under charter carrier authority, or a transit 
 11.26  bus providing services as defined in section 174.22, subdivision 
 11.27  7.  A Head Start bus may be a type A, B, C, or D bus or type III 
 11.28  bus, as described in the definition of school bus. 
 11.29     (b) A Head Start bus manufactured after December 31, 1994, 
 11.30  must meet the same standards as a type A, B, C, or D school bus, 
 11.31  except that a Head Start bus need not be equipped with the 
 11.32  warning signals required for a school bus under section 169E.07, 
 11.33  subdivision 1. 
 11.34     (c) A Head Start bus must be painted colors other than 
 11.35  national school bus yellow.  
 11.36     Subd. 47.  [HEAD START BUS DRIVER.] "Head Start bus driver" 
 12.1   means a person possessing a valid Minnesota driver's license: 
 12.2      (a) with a passenger endorsement, who drives a Head Start 
 12.3   bus; 
 12.4      (b) with a school bus driver's endorsement, who drives a 
 12.5   Head Start bus; or 
 12.6      (c) who drives a vehicle with a seating capacity of ten or 
 12.7   fewer persons used as a Head Start bus.  
 12.8      Subd. 48.  [HIGHWAY.] "Highway" means the entire width 
 12.9   between the boundary lines of any way or place when any part of 
 12.10  the way or place is open to the use of the public, as a matter 
 12.11  of right, for the purposes of vehicular traffic.  
 12.12     Subd. 49.  [HIGHWAY WORK ZONE.] "Highway work zone" means a 
 12.13  segment of highway or street where a road authority or its agent 
 12.14  is constructing, reconstructing, or maintaining the physical 
 12.15  structure of the roadway, its shoulders, or features adjacent to 
 12.16  the roadway, including underground and overhead utilities and 
 12.17  highway appurtenances.  
 12.18     Subd. 50.  [HOMEMAKER.] "Homemaker" refers to the person 
 12.19  primarily performing the domestic tasks in a household of 
 12.20  residents consisting of at least the person and the person's 
 12.21  dependent child or other dependents.  
 12.22     Subd. 51.  [IMPLEMENT OF HUSBANDRY.] (a) "Implement of 
 12.23  husbandry" means every vehicle, including a farm tractor and 
 12.24  farm wagon, designed or adapted exclusively for agricultural, 
 12.25  horticultural, or livestock-raising operations or for lifting or 
 12.26  carrying an implement of husbandry. 
 12.27     (b) A towed vehicle meeting the description in paragraph 
 12.28  (a) is an implement of husbandry without regard to whether the 
 12.29  vehicle is towed by an implement of husbandry or by a registered 
 12.30  motor vehicle.  
 12.31     Subd. 52.  [IMPOUNDMENT.] "Impoundment" means the removal 
 12.32  of a motor vehicle to a storage facility or impound lot as 
 12.33  authorized by a local ordinance.  
 12.34     Subd. 53.  [INFRARED BREATH-TESTING INSTRUMENT.] "Infrared 
 12.35  breath-testing instrument" means a breath-testing instrument 
 12.36  that employs infrared technology and has been approved by the 
 13.1   commissioner for determining alcohol concentration.  
 13.2      Subd. 54.  [INSURANCE.] "Insurance" means a plan of 
 13.3   reparation security satisfying the requirements of section 
 13.4   65B.48. 
 13.5      Subd. 55.  [INSURANCE IDENTIFICATION CARD.] "Insurance 
 13.6   identification card" means a card issued by an obligor to an 
 13.7   insured stating that security as required by section 65B.48 
 13.8   (reparation security) has been provided for the insured's 
 13.9   vehicle.  
 13.10     Subd. 56.  [INTERSECTION.] (a) "Intersection" means: 
 13.11     (1) the area embraced within the prolongation or connection 
 13.12  of the lateral curb lines or, if none, then the lateral boundary 
 13.13  lines of the roadways of two highways that join one another at, 
 13.14  or approximately at, right angles; or 
 13.15     (2) the area within which vehicles traveling upon different 
 13.16  highways joining at any other angle may come in conflict. 
 13.17     (b) Where a highway includes two roadways 30 feet or more 
 13.18  apart, then every crossing of each roadway of the divided 
 13.19  highway by an intersecting highway shall be regarded as a 
 13.20  separate intersection.  If the intersecting highway also 
 13.21  includes two roadways 30 feet or more apart, then every crossing 
 13.22  of two roadways of the highways shall be regarded as a separate 
 13.23  intersection.  
 13.24     Subd. 57.  [JUDGMENT.] "Judgment" means a judgment that has 
 13.25  become final by expiration without appeal within the time during 
 13.26  which an appeal might have been perfected, or by final 
 13.27  affirmance on appeal, rendered by a court of competent 
 13.28  jurisdiction, including a conciliation court, of any state of 
 13.29  the United States, upon: 
 13.30     (a) a claim for relief arising out of ownership, 
 13.31  maintenance, or use of a motor vehicle, for damages, including: 
 13.32     (1) damages for care and loss of services, because of 
 13.33  bodily injury to or death of a person; or 
 13.34     (2) damages for injury to or destruction of property, 
 13.35  including the loss of use thereof; or 
 13.36     (b) a claim for relief on an agreement of settlement for 
 14.1   the damages.  
 14.2      Subd. 58.  [LANED HIGHWAY.] "Laned highway" means a highway 
 14.3   the roadway of which is divided into two or more clearly marked 
 14.4   lanes for vehicular traffic.  
 14.5      Subd. 59.  [LAW ENFORCEMENT AGENCY.] "Law enforcement 
 14.6   agency" means an agency that employs a peace officer.  
 14.7      Subd. 60.  [LICENSE.] "License" means any operator's 
 14.8   license or any other license or permit to operate a motor 
 14.9   vehicle issued or issuable under the laws of this state by the 
 14.10  commissioner including: 
 14.11     (a) any temporary license or instruction permit; 
 14.12     (b) the privilege of any person to drive a motor vehicle 
 14.13  whether or not the person holds a valid license; or 
 14.14     (c) any nonresident's operating privilege.  
 14.15     Subd. 61.  [LICENSING AUTHORITY.] "Licensing authority," 
 14.16  with reference to this state, means the driver's license 
 14.17  division of the Minnesota department of public safety.  
 14.18     Subd. 62.  [LOCAL AUTHORITIES.] "Local authorities" means: 
 14.19     (a) every political subdivision's board or body having 
 14.20  authority to adopt local police regulations under the 
 14.21  constitution and laws of this state; and 
 14.22     (b) the regents of the University of Minnesota, with 
 14.23  reference to property owned, leased, or occupied, by the regents 
 14.24  of the University of Minnesota, or the University of Minnesota. 
 14.25     Subd. 63.  [MANUFACTURED HOME.] "Manufactured home" means 
 14.26  any trailer or semitrailer that is designed, constructed, and 
 14.27  equipped for use as a human dwelling place, living abode, or 
 14.28  living quarters except travel trailers.  
 14.29     Subd. 64.  [MARKET ARTERY.] "Market artery" means a trunk 
 14.30  highway or segment thereof that: 
 14.31     (a) connects significant centers of population or commerce; 
 14.32     (b) connects highways described in paragraph (a); 
 14.33     (c) provides access to a transportation terminal; or 
 14.34     (d) provides temporary emergency service to a particular 
 14.35  shipping or receiving point on a market artery.  
 14.36     Subd. 65.  [METAL TIRE.] "Metal tire" means every tire the 
 15.1   surface of which in contact with the highway is wholly or partly 
 15.2   of metal or other hard nonresilient material. 
 15.3      Subd. 66.  [MOBILE CRANE.] (a) "Mobile crane" means a 
 15.4   vehicle: 
 15.5      (1) not designed or used to transport persons or property; 
 15.6      (2) operated only incidentally on the highway and not 
 15.7   subject to vehicle registration under chapter 168; and 
 15.8      (3) comprising a boom and hoisting mechanism used in the 
 15.9   construction industry. 
 15.10     (b) "Mobile crane" does not include a motor vehicle, 
 15.11  designed to transport persons or property, to which a boom, 
 15.12  hoist, crane, or other machinery has been attached.  
 15.13     Subd. 67.  [MOTOR VEHICLE.] (a) Except as provided in 
 15.14  paragraphs (b) to (d), "motor vehicle" means every vehicle that 
 15.15  is self-propelled.  "Motor vehicle" does not include a vehicle 
 15.16  moved solely by human power.  
 15.17     (b) For purposes of sections 169B.11 (driver under 
 15.18  influence) and 169C.71 (fleeing peace officer), "motor vehicle" 
 15.19  means a self-propelled device for moving persons or property or 
 15.20  pulling implements from one place to another, whether the device 
 15.21  is operated on land, rails, water, or in the air.  
 15.22     (c) For purposes of sections 169A.91 (motor vehicle 
 15.23  impoundment under local ordinance) and 169A.93 (vehicle 
 15.24  forfeiture for commission of certain offenses), and, except as 
 15.25  provided in paragraph (b), for purposes of chapter 169B 
 15.26  (substance-related vehicular provisions), "motor vehicle" does 
 15.27  not include a snowmobile or all-terrain vehicle as defined in 
 15.28  section 84.92.  This subdivision does not prevent the 
 15.29  commissioner from recording on driving records violations 
 15.30  involving snowmobiles and all-terrain vehicles.  
 15.31     (d) For purposes of chapter 169L (drivers' licenses), 
 15.32  "motor vehicle" means every vehicle that is self-propelled and 
 15.33  every vehicle propelled or drawn by a self-propelled vehicle, 
 15.34  except snowmobiles.  
 15.35     Subd. 68.  [MOTOR VEHICLE DEALER.] "Motor vehicle dealer" 
 15.36  means any person engaged in the business of manufacturing or 
 16.1   selling new and unused motor vehicles, used motor vehicles, or 
 16.2   both, having an established place of business for the sale, 
 16.3   trade, and display of such motor vehicles, and having in 
 16.4   possession motor vehicles for the purpose of sale or trade. 
 16.5      Subd. 69.  [MOTORCYCLE.] "Motorcycle" means every motor 
 16.6   vehicle having a seat or saddle for the use of the rider and 
 16.7   designed to travel on not more than three wheels in contact with 
 16.8   the ground, including motor scooters and bicycles with motor 
 16.9   attached, but excluding tractors and motorized bicycles. 
 16.10     Subd. 70.  [NONRESIDENT.] "Nonresident" means any person 
 16.11  who is not a resident of this state.  
 16.12     Subd. 71.  [OFFICIAL TRAFFIC CONTROL DEVICE.] "Official 
 16.13  traffic control device" means any sign, signal, marking, or 
 16.14  device not inconsistent with chapter 169D placed or erected by 
 16.15  authority of a public body or official having jurisdiction, for 
 16.16  the purpose of regulating, warning, or guiding traffic. 
 16.17     Subd. 72.  [ONE-WAY ROADWAY.] "One-way roadway" means a 
 16.18  street or roadway designated and signposted for one-way traffic 
 16.19  and on which all vehicles are required to move in one indicated 
 16.20  direction.  
 16.21     Subd. 73.  [OWNER.] (a) "Owner" means a person who holds 
 16.22  the legal title of a vehicle.  However, if a vehicle is the 
 16.23  subject of an agreement for conditional sale or lease with the 
 16.24  right of purchase upon performance of the conditions stated in 
 16.25  the agreement and with an immediate right of possession vested 
 16.26  in the conditional vendee or lessee, or if a mortgagor of a 
 16.27  vehicle is entitled to possession, then the conditional vendee 
 16.28  or lessee or the mortgagor shall be deemed the owner.  
 16.29     (b) For purposes of section 169A.93 (vehicle forfeiture for 
 16.30  commission of certain offenses), "owner" means the registered 
 16.31  owner of the motor vehicle according to records of the 
 16.32  department of public safety and includes a lessee of a motor 
 16.33  vehicle if the lease agreement has a term of 180 days or more.  
 16.34     (c) For purposes of chapter 169N (license plate violations 
 16.35  and impoundment), "owner" means any person owning or renting a 
 16.36  motor vehicle, or having the exclusive use thereof, under a 
 17.1   lease or otherwise, for a period of greater than 30 days. 
 17.2      Subd. 74.  [PASSENGER AUTOMOBILE.] "Passenger automobile" 
 17.3   means any motor vehicle designed and used for the carrying of 
 17.4   not more than nine persons, excluding motorcycles and motor 
 17.5   scooters, but including station wagons or other highway use 
 17.6   motor vehicles using passenger automobile type tires.  
 17.7      Subd. 75.  [PASSENGER ENDORSEMENT.] "Passenger endorsement" 
 17.8   means the driver's license endorsement required of a person who 
 17.9   operates a vehicle designed to transport more than 15 
 17.10  passengers, including the driver.  
 17.11     Subd. 76.  [PASSENGER VEHICLE.] (a) "Passenger vehicle" 
 17.12  means a passenger automobile defined in section 168.011, 
 17.13  subdivision 7; a pickup truck defined in section 168.011, 
 17.14  subdivision 29; a van defined in section 168.011, subdivision 
 17.15  28; and a self-propelled, recreational vehicle licensed under 
 17.16  chapter 168 to use the public streets or highways. 
 17.17     (b) "Passenger vehicle" does not include a motorcycle, 
 17.18  motorized bicycle, bus, school bus, a vehicle designed to 
 17.19  operate exclusively on railroad tracks, a farm truck defined in 
 17.20  section 168.011, subdivision 17, or special mobile equipment 
 17.21  defined in section 168.011, subdivision 22.  
 17.22     Subd. 77.  [PATROL MOTOR VEHICLES.] "Patrol motor vehicles" 
 17.23  means the motor vehicles used in law enforcement of the 
 17.24  department of public safety, the county sheriffs, and the 
 17.25  various city, town, and other local police departments.  
 17.26     Subd. 78.  [PEACE OFFICER.] "Peace officer" means: 
 17.27     (a) an employee of a political subdivision or state law 
 17.28  enforcement agency who is licensed by the Minnesota board of 
 17.29  peace officer standards and training, who is charged with 
 17.30  detecting and preventing crime and enforcing the state's general 
 17.31  criminal laws and who has the full power of arrest, and includes 
 17.32  a member of the Minnesota state patrol, a University of 
 17.33  Minnesota peace officer, a Metropolitan Airports Commission 
 17.34  peace officer, and a Minnesota conservation officer; or 
 17.35     (b) a member of a duly organized law enforcement unit of 
 17.36  another state or political subdivision thereof charged with 
 18.1   detecting and preventing crime and generally enforcing criminal 
 18.2   laws, and granted full powers of arrest.  
 18.3      Subd. 79.  [PEDESTRIAN.] "Pedestrian" means any person 
 18.4   afoot or in a wheelchair.  
 18.5      Subd. 80.  [PHYSICALLY DISABLED PERSON.] "Physically 
 18.6   disabled person" means a person who: 
 18.7      (a) because of disability cannot walk without significant 
 18.8   risk of falling; 
 18.9      (b) because of disability cannot walk 200 feet without 
 18.10  stopping to rest; 
 18.11     (c) because of disability cannot walk without the aid of 
 18.12  another person, a walker, a cane, crutches, braces, a prosthetic 
 18.13  device, or a wheelchair; 
 18.14     (d) is restricted by a respiratory disease to such an 
 18.15  extent that the person's forced (respiratory) expiratory volume 
 18.16  for one second, when measured by spirometry, is less than one 
 18.17  liter; 
 18.18     (e) has an arterial oxygen tension (PAO2) of less than 60 
 18.19  mm/Hg on room air at rest; 
 18.20     (f) uses portable oxygen; 
 18.21     (g) has a cardiac condition to the extent that the person's 
 18.22  functional limitations are classified in severity as class III 
 18.23  or class IV according to standards set by the American Heart 
 18.24  Association; 
 18.25     (h) has lost an arm or a leg and does not have or cannot 
 18.26  use an artificial limb; or 
 18.27     (i) has a disability that would be aggravated by walking 
 18.28  200 feet under normal environmental conditions to an extent that 
 18.29  would be life threatening.  
 18.30     Subd. 81.  [PNEUMATIC TIRE.] "Pneumatic tire" means every 
 18.31  tire in which compressed air is designed to support the load. 
 18.32     Subd. 82.  [POLITICAL SUBDIVISION.] "Political subdivision" 
 18.33  means a county, home rule charter or statutory city, or township.
 18.34     Subd. 83.  [PRIOR IMPAIRED DRIVING CONVICTION.] "Prior 
 18.35  impaired driving conviction" means a prior conviction under 
 18.36  section 84.91, subdivision 1, paragraph (a) (snowmobile or 
 19.1   all-terrain vehicle); 86B.331, subdivision 1, paragraph (a) 
 19.2   (motorboat); 169B.11 (driver under influence); 169B.41 (refusal 
 19.3   to test); 360.0752 (aircraft); or a statute or ordinance from 
 19.4   another state in conformity with any of them.  A prior impaired 
 19.5   driving conviction also includes a prior juvenile adjudication 
 19.6   that would have been a prior impaired driving conviction if 
 19.7   committed by an adult.  
 19.8      Subd. 84.  [PRIOR SUBSTANCE-RELATED LOSS OF 
 19.9   LICENSE.] "Prior substance-related loss of license" means a 
 19.10  driver's license suspension, revocation, cancellation, or denial 
 19.11  under: 
 19.12     (a) section 169B.31 (driver-under-influence or 
 19.13  refusal-to-test conviction) or 169B.35 (refusal to test or 
 19.14  excessive concentration); 
 19.15     (b) any of the following provisions if the suspension, 
 19.16  revocation, cancellation, or denial was because of a 
 19.17  substance-related incident: section 169J.05 (ineligible for 
 19.18  driver's license); 169J.34 (cancellation); 169J.36 
 19.19  (court-recommended suspension); 169J.41 (revocation); or 169J.47 
 19.20  (suspension); or 
 19.21     (c) a statute or ordinance from another state in conformity 
 19.22  with any provision specified in paragraph (a) or (b).  
 19.23     Subd. 85.  [PRIVATE PASSENGER VEHICLE.] (a) "Private 
 19.24  passenger vehicle" means: 
 19.25     (1) a four-wheeled passenger automobile as defined in 
 19.26  section 168.011, subdivision 7; 
 19.27     (2) a van as defined in section 168.011, subdivision 28; 
 19.28     (3) a pickup truck as defined in section 168.011, 
 19.29  subdivision 29; and 
 19.30     (4) a jeep-type automobile or other multipurpose vehicle. 
 19.31     (b) "Private passenger vehicle" does not include a 
 19.32  collector vehicle or collector military vehicle as defined in 
 19.33  section 168.10.  
 19.34     Subd. 86.  [PRIVATE ROAD OR DRIVEWAY.] "Private road or 
 19.35  driveway" means every way or place in private ownership and used 
 19.36  for vehicular travel by the owner and those having express or 
 20.1   implied permission from the owner, but not by other persons. 
 20.2      Subd. 87.  [PROOF OF INSURANCE.] "Proof of insurance" means 
 20.3   an insurance identification card, written statement of coverage, 
 20.4   or insurance policy as defined by section 65B.14, subdivision 2. 
 20.5      Subd. 88.  [RADAR JAMMER.] "Radar jammer" means any 
 20.6   instrument, device, or equipment designed or intended for use 
 20.7   with a vehicle or otherwise to jam or interfere in any manner 
 20.8   with a speed-measuring device operated by a peace officer. 
 20.9      Subd. 89.  [RAILROAD.] "Railroad" means a carrier of 
 20.10  persons or property upon cars, other than street cars, operated 
 20.11  upon stationary rails.  
 20.12     Subd. 90.  [RAILROAD TRAIN.] "Railroad train" means a 
 20.13  steam, electric, or other engine, with or without cars coupled 
 20.14  thereto, operated upon rails, except street cars.  
 20.15     Subd. 91.  [RAILROAD SIGN OR SIGNAL.] "Railroad sign or 
 20.16  signal" means any sign, signal, or device erected by authority 
 20.17  of a public body or official or by a railroad and intended to 
 20.18  give notice of the presence of railroad tracks or the approach 
 20.19  of a railroad train.  
 20.20     Subd. 92.  [REGISTERED OWNER.] For purposes of chapter 169N 
 20.21  (license plate violations and impoundment), "registered owner" 
 20.22  means any person, other than a secured party, having title to a 
 20.23  motor vehicle.  If a passenger automobile, as defined in section 
 20.24  168.011, subdivision 7, is under lease for a term of 180 days or 
 20.25  more, the lessee is deemed to be the registered owner, for 
 20.26  purposes of registration only, provided that the application for 
 20.27  renewal of the registration of a passenger automobile described 
 20.28  in this subdivision shall be sent to the lessor. 
 20.29     Subd. 93.  [RENTAL OR LEASE AGREEMENT.] "Rental or lease 
 20.30  agreement" means a written agreement to rent or lease a motor 
 20.31  vehicle that contains the name, address, and driver's license 
 20.32  number of the renter or lessee.  
 20.33     Subd. 94.  [RESIDENCE DISTRICT.] "Residence district" means 
 20.34  the territory contiguous to and including a highway not 
 20.35  comprising a business district when the property on the highway 
 20.36  for a distance of 300 feet or more is in the main improved with 
 21.1   residences or residences and buildings in use for business. 
 21.2      Subd. 95.  [RESIDENTIAL ROADWAY.] "Residential roadway" 
 21.3   means a street or portion of a street that is less than 
 21.4   one-quarter mile in length and is functionally classified by the 
 21.5   commissioner of transportation as a local street.  
 21.6      Subd. 96.  [RIDESHARING ARRANGEMENT.] "Ridesharing 
 21.7   arrangement" means the transportation of persons, for a fee or 
 21.8   otherwise, in a motor vehicle when the transportation is 
 21.9   incidental to another purpose of the driver.  The term includes 
 21.10  the forms of shared transportation known as carpools, commuter 
 21.11  vanpools, and buspools, whether or not furnished by an employer. 
 21.12  "Ridesharing arrangement" does not include transportation of 
 21.13  employees by an employer from one place of employment to another.
 21.14     Subd. 97.  [RIGHT-OF-WAY.] "Right-of-way" means the 
 21.15  privilege of the immediate use of highway.  
 21.16     Subd. 98.  [ROAD TRACTOR.] "Road tractor" means every motor 
 21.17  vehicle designed and used for drawing other vehicles and not so 
 21.18  constructed as to carry any load thereon either independently or 
 21.19  any part of the weight of a vehicle or load so drawn.  
 21.20     Subd. 99.  [ROADWAY.] "Roadway" means that portion of a 
 21.21  highway improved, designed, or ordinarily used for vehicular 
 21.22  travel, exclusive of the sidewalk or shoulder.  If a highway 
 21.23  includes two or more separate roadways, the term "roadway" 
 21.24  refers to any such roadway separately but not to all such 
 21.25  roadways collectively.  
 21.26     Subd. 100.  [RURAL MAIL CARRIER VEHICLE.] "Rural mail 
 21.27  carrier vehicle" means a motor vehicle operated by a rural mail 
 21.28  carrier on a rural mail route.  
 21.29     Subd. 101.  [SAFETY GLASS.] "Safety glass" means any 
 21.30  product composed of glass, or other material, as may be approved 
 21.31  by the commissioner, as safety glass.  
 21.32     Subd. 102.  [SAFETY ZONE.] "Safety zone" means the area or 
 21.33  space officially set apart within a roadway for the exclusive 
 21.34  use of pedestrians that is protected or is so marked or 
 21.35  indicated by adequate signs as to be plainly visible at all 
 21.36  times as set apart as a safety zone.  
 22.1      Subd. 103.  [SCHOOL BUS.] "School bus" means a motor 
 22.2   vehicle used to transport pupils to or from a school defined in 
 22.3   section 120.101, or to or from school-related activities, by the 
 22.4   school or a school district, or by someone under an agreement 
 22.5   with the school or a school district.  A school bus does not 
 22.6   include a motor vehicle transporting children to or from school 
 22.7   for which parents or guardians receive direct compensation from 
 22.8   a school district, a motor coach operating under charter carrier 
 22.9   authority, a transit bus providing services as defined in 
 22.10  section 174.22, subdivision 7, or a vehicle otherwise qualifying 
 22.11  as a type III vehicle under paragraph (e), when the vehicle is 
 22.12  properly registered and insured and being driven by an employee 
 22.13  or agent of a school district for nonscheduled transportation. 
 22.14  In this subdivision, "gross vehicle weight rating" means the 
 22.15  value specified by the manufacturer as the loaded weight of a 
 22.16  single vehicle.  A school bus may be type A, type B, type C, or 
 22.17  type D, or type III as follows: 
 22.18     (a) A "type A school bus" is a conversion or body 
 22.19  constructed upon a van-type compact truck or a front-section 
 22.20  vehicle, with a gross vehicle weight rating of 10,000 pounds or 
 22.21  less, designed for carrying more than ten persons. 
 22.22     (b) A "type B school bus" is a conversion or body 
 22.23  constructed and installed upon a van or front-section vehicle 
 22.24  chassis, or stripped chassis, with a gross vehicle weight rating 
 22.25  of more than 10,000 pounds, designed for carrying more than ten 
 22.26  persons.  Part of the engine is beneath or behind the windshield 
 22.27  and beside the driver's seat.  The entrance door is behind the 
 22.28  front wheels. 
 22.29     (c) A "type C school bus" is a body installed upon a flat 
 22.30  back cowl chassis with a gross vehicle weight rating of more 
 22.31  than 10,000 pounds, designed for carrying more than ten 
 22.32  persons.  The entire engine is in front of the windshield and 
 22.33  the entrance door is behind the front wheels. 
 22.34     (d) A "type D school bus" is a body installed upon a 
 22.35  chassis, with the engine mounted in the front, midship, or rear, 
 22.36  with a gross vehicle weight rating of more than 10,000 pounds, 
 23.1   designed for carrying more than ten persons.  The engine may be 
 23.2   behind the windshield and beside the driver's seat; it may be at 
 23.3   the rear of the bus, behind the rear wheels, or midship between 
 23.4   the front and rear axles.  The entrance door is ahead of the 
 23.5   front wheels. 
 23.6      (e) Type III school buses and type III Head Start buses are 
 23.7   restricted to passenger cars, station wagons, vans, and buses 
 23.8   having a maximum manufacturer's rated seating capacity of ten 
 23.9   people, including the driver, and a gross vehicle weight rating 
 23.10  of 10,000 pounds or less.  A type III school bus and type III 
 23.11  Head Start bus must not be outwardly equipped and identified as 
 23.12  a type A, B, C, or D school bus or type A, B, C, or D Head Start 
 23.13  bus.  
 23.14     Subd. 104.  [SCHOOL BUS DRIVER.] "School bus driver" means: 
 23.15     (a) a person possessing a school bus driver's endorsement 
 23.16  on a valid Minnesota driver's license; or 
 23.17     (b) a person possessing a valid Minnesota driver's license 
 23.18  who drives a vehicle with a seating capacity of ten or fewer 
 23.19  persons used as a school bus.  
 23.20     Subd. 105.  [SCHOOL ZONE.] "School zone" means that section 
 23.21  of a street or highway that abuts the grounds of a school where 
 23.22  children have access to the street or highway from the school 
 23.23  property or where an established school crossing is located 
 23.24  provided the school advance sign prescribed by the manual on 
 23.25  uniform traffic control devices adopted by the commissioner of 
 23.26  transportation pursuant to section 169D.07 is in place.  All 
 23.27  signs erected by local authorities to designate speed limits in 
 23.28  school zones shall conform to the manual on uniform control 
 23.29  devices.  
 23.30     Subd. 106.  [SEMITRAILER.] "Semitrailer" means a vehicle of 
 23.31  the trailer type so designed and used in conjunction with a 
 23.32  truck-tractor that a considerable part of its own weight or that 
 23.33  of its load rests upon and is carried by the truck-tractor and 
 23.34  includes a trailer drawn by a truck-tractor semitrailer 
 23.35  combination.  
 23.36     Subd. 107.  [SERVICE VEHICLE.] "Service vehicle" means a 
 24.1   motor vehicle owned and operated by a person, firm, or 
 24.2   corporation engaged in a business that includes the repairing or 
 24.3   servicing of vehicles.  The term also includes snow removal and 
 24.4   road maintenance equipment not operated by or under contract to 
 24.5   the state or a governmental subdivision.  
 24.6      Subd. 108.  [SHOULDER.] "Shoulder" means that part of a 
 24.7   highway that is contiguous to the regularly traveled portion of 
 24.8   the highway and is on the same level as the highway.  The 
 24.9   shoulder may be pavement, gravel, or earth.  
 24.10     Subd. 109.  [SIDEWALK.] "Sidewalk" means that portion of a 
 24.11  street between the curb lines, or the lateral lines of a 
 24.12  roadway, and the adjacent property lines intended for the use of 
 24.13  pedestrians.  
 24.14     Subd. 110.  [SINGLE AXLE.] "Single axle" includes all 
 24.15  wheels whose centers may be included within two parallel 
 24.16  transverse vertical planes 40 inches apart. 
 24.17     Subd. 111.  [SINGLE WHEEL.] "Single wheel" includes two or 
 24.18  more wheels with centers less than 48 inches apart on an axle. 
 24.19     Subd. 112.  [SOLID TIRE.] "Solid tire" means every tire of 
 24.20  rubber or other resilient material that does not depend upon 
 24.21  compressed air for the support of the load.  
 24.22     Subd. 113.  [STAND OR STANDING.] "Stand" or "standing" 
 24.23  means the halting of a vehicle, whether occupied or not, 
 24.24  otherwise than temporarily for the purpose of and while actually 
 24.25  engaged in receiving or discharging passengers. 
 24.26     Subd. 114.  [STATE.] "State" means: 
 24.27     (a) any state, territory or possession of the United 
 24.28  States; 
 24.29     (b) the District of Columbia; 
 24.30     (c) the Commonwealth of Puerto Rico; or 
 24.31     (d) any province of the Dominion of Canada.  
 24.32     Subd. 115.  [STOP.] "Stop" means complete cessation from 
 24.33  movement.  
 24.34     Subd. 116.  [STOPPING.] "Stopping" means any halting even 
 24.35  momentarily of a vehicle, whether occupied or not, except: 
 24.36     (a) when necessary to avoid conflict with other traffic; or 
 25.1      (b) in compliance with the directions of: 
 25.2      (1) a peace officer; or 
 25.3      (2) a traffic control sign or signal.  
 25.4      Subd. 117.  [STORAGE SEMITRAILER.] "Storage semitrailer" 
 25.5   means a semitrailer that: 
 25.6      (a) is used exclusively to store property at a location not 
 25.7   on a street or highway; 
 25.8      (b) does not contain any load when moved on a street or 
 25.9   highway; 
 25.10     (c) is operated only during daylight hours; and 
 25.11     (d) is marked on each side of the semitrailer "storage only"
 25.12  in letters at least six inches high. 
 25.13     Subd. 118.  [STREET OR HIGHWAY.] "Street or highway" means 
 25.14  the entire width between the boundary lines of any way or place 
 25.15  when any part the way or place is open to the use of the public, 
 25.16  as a matter of right, for the purposes of vehicular traffic.  
 25.17     Subd. 119.  [SUSPENSION SYSTEM.] "Suspension system" 
 25.18  includes both the front and rear wheels and tires of a vehicle. 
 25.19     Subd. 120.  [TANDEM AXLES.] "Tandem axles" means two 
 25.20  consecutive axles whose centers are spaced more than 40 inches 
 25.21  and not more than 96 inches apart.  
 25.22     Subd. 121.  [THROUGH HIGHWAY.] "Through highway" means 
 25.23  every highway or portion thereof at the entrances to which 
 25.24  vehicular traffic from intersecting highways is required by law 
 25.25  to stop before entering or crossing the highway or portion 
 25.26  thereof when stop signs are erected as provided in chapter 169D. 
 25.27     Subd. 122.  [TIRE WIDTH.] "Tire width" means the 
 25.28  manufacturer's width as shown on the tire or the width at the 
 25.29  widest part of the tire excluding protective side ribs, bars, 
 25.30  and decorations.  
 25.31     Subd. 123.  [TOW TRUCK OR TOWING VEHICLE.] "Tow truck" or 
 25.32  "towing vehicle" means a motor vehicle having a manufacturer's 
 25.33  gross vehicle weight rating of 8,000 pounds or more, equipped 
 25.34  with a crane and winch, or an attached device used exclusively 
 25.35  to transport vehicles, and further equipped to control the 
 25.36  movement of the towed or transported vehicle.  
 26.1      Subd. 124.  [TOWING AUTHORITY.] "Towing authority" means 
 26.2   any local authority authorized by section 169A.17 to enforce 
 26.3   traffic laws, and also includes a private towing company 
 26.4   authorized by a local authority to tow vehicles on behalf of 
 26.5   that local authority.  
 26.6      Subd. 125.  [TRAFFIC.] "Traffic" means pedestrians, ridden 
 26.7   or herded animals, vehicles, street cars, and other conveyances, 
 26.8   either singly or together, while using any highway for purposes 
 26.9   of travel.  
 26.10     Subd. 126.  [TRAFFIC CONTROL SIGNAL.] "Traffic control 
 26.11  signal" means any device, whether manually, electrically, or 
 26.12  mechanically operated, by which traffic is alternately directed 
 26.13  to stop and permitted to proceed.  
 26.14     Subd. 127.  [TRAFFIC OFFENSE.] "Traffic offense" means a 
 26.15  violation of a law relating to the operation of a motor vehicle 
 26.16  that is punishable as an infraction or as a misdemeanor. 
 26.17     Subd. 128.  [TRAILER.] "Trailer" means any vehicle designed 
 26.18  for carrying property or passengers on its own structure and for 
 26.19  being drawn by a motor vehicle.  However, "trailer" does not 
 26.20  include a trailer drawn by a truck-tractor semitrailer 
 26.21  combination or an auxiliary axle on a motor vehicle that carries 
 26.22  a portion of the weight of the motor vehicle to which it is 
 26.23  attached.  
 26.24     Subd. 129.  [TRANSIT BUS.] "Transit bus" means a bus 
 26.25  engaged in regular route transit as defined in section 174.22, 
 26.26  subdivision 8.  
 26.27     Subd. 130.  [TRAVEL TRAILER.] (a) "Travel trailer" means 
 26.28  any trailer or semitrailer designed and used for human living 
 26.29  quarters that meets all of the following qualifications: 
 26.30     (1) it is not used as the residence of the owner or 
 26.31  occupant; 
 26.32     (2) it is used for temporary living quarters by the owner 
 26.33  or occupant while engaged in recreational or vacation 
 26.34  activities; and 
 26.35     (3) it is towed on public streets or highways incidental to 
 26.36  the recreational or vacation activities. 
 27.1      (b) "Travel trailer" does not include a bunkhouse, so 
 27.2   called, temporarily mounted on a trailer, or a manufactured home.
 27.3   A bunkhouse, exclusive of the trailer, or manufactured home, 
 27.4   shall be listed and taxed as personal property as provided by 
 27.5   law.  
 27.6      Subd. 131.  [TRIDEM AXLES.] "Tridem axles" mean three axles 
 27.7   spaced within nine feet or less.  
 27.8      Subd. 132.  [TRUCK.] "Truck" means every motor vehicle 
 27.9   designed, used, or maintained primarily for the transportation 
 27.10  of property.  
 27.11     Subd. 133.  [TRUCK-TRACTOR.] "Truck-tractor" means: 
 27.12     (a) a motor vehicle designed and used primarily for drawing 
 27.13  other vehicles and not constructed to carry a load other than a 
 27.14  part of the weight of the vehicle and load drawn; and 
 27.15     (b) a motor vehicle designed and used primarily for drawing 
 27.16  other vehicles used exclusively for transporting motor vehicles 
 27.17  or boats and capable of carrying motor vehicles or boats on its 
 27.18  own structure.  
 27.19     Subd. 134.  [URBAN DISTRICT.] "Urban district" means the 
 27.20  territory contiguous to and including any street that is built 
 27.21  up with structures devoted to business, industry, or dwelling 
 27.22  houses situated at intervals of less than 100 feet for a 
 27.23  distance of a quarter of a mile or more.  
 27.24     Subd. 135.  [VARIABLE LOAD AXLE.] "Variable load axle" 
 27.25  means any axle that is specifically designed so that, through 
 27.26  use of an actuating control, the wheels may be lifted so that 
 27.27  the wheels do not contact the road surface or may be lowered to 
 27.28  carry loads of varying weights when in contact with the road 
 27.29  surface. 
 27.30     Subd. 136.  [VEHICLE.] (a) "Vehicle" means every device in, 
 27.31  upon, or by which any person or property is or may be 
 27.32  transported or drawn upon a highway, excepting devices used 
 27.33  exclusively upon stationary rails or tracks.  
 27.34     (b) For purposes of chapter 169J (drivers' licenses), 
 27.35  "vehicle" does not include a device moved by human power. 
 27.36     (c) For purposes of chapter 169I (vehicle insurance), 
 28.1   "vehicle" means a motor vehicle as defined in section 65B.43, 
 28.2   subdivision 2, or a motorcycle as defined in section 65B.43, 
 28.3   subdivision 13.  
 28.4      Subd. 137.  [VEHICLE CODE.] "Vehicle code" means chapters 
 28.5   169A to 169N. 
 28.6      Subd. 138.  [WHEELCHAIR.] "Wheelchair" includes any manual 
 28.7   or motorized wheelchair, scooter, tricycle, or similar device 
 28.8   used by a disabled person as a substitute for walking.  
 28.9      Subd. 139.  [WRITTEN STATEMENT OF COVERAGE.] "Written 
 28.10  statement of coverage" means a written statement by a licensed 
 28.11  insurance agent stating the insured's name and address, the 
 28.12  vehicle identification number of the insured's vehicle, that a 
 28.13  plan of reparation security as required by section 65B.48 has 
 28.14  been provided for the insured's vehicle, and the dates of the 
 28.15  coverage.  
 28.16                     APPLICABILITY; EXCEPTIONS 
 28.17     Sec. 4.  [169A.11] [UNIFORM APPLICATION.] 
 28.18     The provisions of the vehicle code shall be applicable and 
 28.19  uniform throughout this state and in all political subdivisions 
 28.20  therein, and no local authority shall enact or enforce any rule 
 28.21  or regulation in conflict with the provisions of the vehicle 
 28.22  code unless expressly authorized in the vehicle code.  Local 
 28.23  authorities may adopt vehicle regulations that are not in 
 28.24  conflict with the provisions of the vehicle code, but when any 
 28.25  local ordinance regulating vehicles covers the same subject for 
 28.26  which a penalty is provided for in the vehicle code the penalty 
 28.27  provided for violation of the local ordinance shall be identical 
 28.28  with the penalty provided for in the vehicle code for the same 
 28.29  offense.  
 28.30     Sec. 5.  [169A.13] [APPLICATION OF MOTOR CARRIER RULES.] 
 28.31     Notwithstanding any provision of the vehicle code other 
 28.32  than section 169F.45 (brakes), a vehicle, driver, or carrier 
 28.33  that is subject to a motor carrier safety rule adopted under 
 28.34  section 221.031 or 221.605 shall comply with the more stringent 
 28.35  or additional requirement imposed by that motor carrier safety 
 28.36  rule. 
 29.1      Sec. 6.  [169A.15] [EMERGENCY VEHICLES; EXEMPTIONS; 
 29.2   APPLICATION.] 
 29.3      Subdivision 1.  [SCOPE.] The provisions of the vehicle code 
 29.4   applicable to the drivers of vehicles upon the highways shall 
 29.5   apply to the drivers of all vehicles owned or operated by the 
 29.6   United States, this state, or any district or political 
 29.7   subdivision of the state, subject to such specific exemptions as 
 29.8   are set forth in the vehicle code with reference to authorized 
 29.9   emergency vehicles.  
 29.10     Subd. 2.  [STOPS.] The driver of any authorized emergency 
 29.11  vehicle, when responding to an emergency call, upon approaching 
 29.12  a red or stop signal or any stop sign shall slow down as 
 29.13  necessary for safety, but may proceed cautiously past the red or 
 29.14  stop sign or signal after sounding siren and displaying red 
 29.15  lights. 
 29.16     Subd. 3.  [ONE-WAY ROADWAYS.] The driver of any authorized 
 29.17  emergency vehicle, when responding to any emergency call, may 
 29.18  enter against the run of traffic on any one-way street, or 
 29.19  highway where there is authorized division of traffic, to 
 29.20  facilitate traveling to the area in which an emergency has been 
 29.21  reported.  
 29.22     Subd. 4.  [PARKING AT EMERGENCY SCENE.] An authorized 
 29.23  emergency vehicle, when at the scene of a reported emergency, 
 29.24  may park or stand, notwithstanding any law or ordinance to the 
 29.25  contrary.  
 29.26     Subd. 5.  [COURSE OF DUTY.] No driver of any authorized 
 29.27  emergency vehicle shall assume any special privilege under the 
 29.28  vehicle code except when the vehicle is operated in response to 
 29.29  any emergency call or in the immediate pursuit of an actual or 
 29.30  suspected violator of the law.  
 29.31     Subd. 6.  [WORKING ON HIGHWAY.] (a) The provisions of the 
 29.32  vehicle code shall not apply to persons, motor vehicles, and 
 29.33  other equipment while actually engaged in work upon the highway, 
 29.34  except as provided in paragraphs (b) and (c). 
 29.35     (b) The vehicle code applies to those persons and vehicles 
 29.36  when traveling to or from such work, except that a person 
 30.1   operating equipment owned, rented, or hired by a road authority 
 30.2   is exempt from: 
 30.3      (1) the width, height, and length provisions of sections 
 30.4   169G.21 to 169G.41; and 
 30.5      (2) the weight limitations of chapter 169G while engaged on 
 30.6   behalf of the state or a local governmental unit in: 
 30.7      (i) snow or ice removal; or 
 30.8      (ii) flood control operations. 
 30.9      (c) Chapters 169B (substance-related vehicular provisions) 
 30.10  and 169C (other major vehicular offenses) apply to persons while 
 30.11  actually engaged in work upon the highway.  
 30.12     Subd. 7.  [TRANSPORTATION BY ANIMAL.] Every person riding 
 30.13  an animal or driving any animal drawing a vehicle upon a roadway 
 30.14  shall be subject to the provisions of the vehicle code 
 30.15  applicable to the driver of a vehicle, except those provisions 
 30.16  that by their nature can have no application.  
 30.17     Sec. 7.  [169A.17] [LOCAL AUTHORITIES.] 
 30.18     Subdivision 1.  [REGULATION PERMITTED.] The provisions of 
 30.19  the vehicle code do not prevent local authorities, with respect 
 30.20  to streets and highways under their jurisdiction, and with the 
 30.21  consent of the commissioner, with respect to state trunk 
 30.22  highways, within the corporate limits of a city, or within the 
 30.23  limits of a town in a county in this state that has a population 
 30.24  of 500,000 or more, and a land area of not more than 600 square 
 30.25  miles, and within the reasonable exercise of the police power 
 30.26  from: 
 30.27     (a) regulating the standing or parking of vehicles; 
 30.28     (b) regulating traffic by means of peace officers or 
 30.29  traffic-control signals; 
 30.30     (c) regulating or prohibiting processions or assemblages on 
 30.31  the highways; 
 30.32     (d) designating particular highways as one-way roadways and 
 30.33  requiring that all vehicles, except emergency vehicles, when on 
 30.34  an emergency run, thereon be moved in one specific direction; 
 30.35     (e) designating any highway as a through highway and 
 30.36  requiring that all vehicles stop before entering or crossing the 
 31.1   highway; 
 31.2      (f) designating any intersection as a stop intersection, 
 31.3   and requiring all vehicles to stop at one or more entrances to 
 31.4   the intersection; or 
 31.5      (g) restricting the use of highways as authorized in 
 31.6   chapter 169G (size and weight).  
 31.7      Subd. 2.  [SIGNS REQUIRED.] No ordinance or regulation 
 31.8   enacted under subdivision 1, paragraphs (d) to (g) is effective 
 31.9   until signs giving notice of the local traffic regulations are 
 31.10  posted upon and kept posted upon or at the entrance to the 
 31.11  highway or part thereof affected as may be most appropriate.  No 
 31.12  ordinance or regulation enacted under subdivision 1, paragraph 
 31.13  (c) or any other provision of law shall prohibit the use of 
 31.14  motorcycles utilizing flashing red lights for the purpose of 
 31.15  escorting funeral processions, oversize buildings, heavy 
 31.16  equipment, parades, or similar processions or assemblages on the 
 31.17  highways.  
 31.18     Sec. 8.  [169A.19] [PRIVATE ROADWAYS.] 
 31.19     Nothing in the vehicle code shall be construed to prevent 
 31.20  the owner of real property used by the public for purposes of 
 31.21  vehicular travel by permission of the owner and not as a matter 
 31.22  of right, from: 
 31.23     (a) prohibiting that use; 
 31.24     (b) requiring other or different or additional conditions 
 31.25  than those specified in the vehicle code; or 
 31.26     (c) otherwise regulating that use as may seem best to the 
 31.27  owner.  
 31.28                             PENALTIES 
 31.29     Sec. 9.  [169A.21] [PUNISHMENT WHEN NOT OTHERWISE 
 31.30  PROVIDED.] 
 31.31     If a person is convicted of a violation of the vehicle code 
 31.32  for which no punishment is otherwise provided, sections 169A.213 
 31.33  and 169A.215 apply. 
 31.34     Sec. 10.  [169A.213] [SECOND DEGREE MISDEMEANOR VIOLATION 
 31.35  OF VEHICLE CODE.] 
 31.36     Unless otherwise declared in the vehicle code with respect 
 32.1   to a particular offense, it is a second degree misdemeanor for 
 32.2   any person to do any act forbidden or fail to perform any act 
 32.3   required by the vehicle code when the violation is committed in 
 32.4   a manner or under circumstances so as to endanger or be likely 
 32.5   to endanger any person or property.  
 32.6      Sec. 11.  [169A.215] [INFRACTION VIOLATION OF VEHICLE 
 32.7   CODE.] 
 32.8      Subdivision 1.  [PENALTY.] It is an infraction for a person 
 32.9   to do any act forbidden or fail to perform any act required by 
 32.10  the vehicle code unless: 
 32.11     (a) otherwise declared in the vehicle code with respect to 
 32.12  a particular offense; or 
 32.13     (b) otherwise provided in section 169A.213.  
 32.14     Subd. 2.  [LIMIT ON FINE.] If the person has not been 
 32.15  convicted within the immediately preceding 12-month period of 
 32.16  any other vehicle code violation, the fine is limited to $250 
 32.17  for infraction violations of chapters 169D (certain moving 
 32.18  violations), 169F (vehicle equipment), 169G (size and weight), 
 32.19  169J (drivers' licenses), 169M (certain other vehicle 
 32.20  provisions), and, except for violations relating to parking for 
 32.21  physically disabled, chapter 169H (parking and towing).  
 32.22     Sec. 12.  [169A.23] [REQUIRING OR PERMITTING DRIVER'S 
 32.23  OFFENSE.] 
 32.24     It is unlawful for the owner, or any other person, 
 32.25  employing or otherwise directing the driver of any vehicle to 
 32.26  require or knowingly to permit the operation of the vehicle upon 
 32.27  a highway in any manner contrary to law.  Unless a greater 
 32.28  penalty is provided under section 609A.11 (liability for 
 32.29  offenses of another) or section 609A.91 (attempts), whoever 
 32.30  violates this section shall be punished as provided in sections 
 32.31  169A.213 to 169A.217. 
 32.32     Sec. 13.  [169A.25] [CONSECUTIVE SENTENCES PERMITTED FOR 
 32.33  CERTAIN VEHICLE VIOLATIONS.] 
 32.34     Subdivision 1.  [WHEN CONSECUTIVE SENTENCES PERMITTED.] 
 32.35  When a person is being sentenced for a violation of a provision 
 32.36  listed in subdivision 6, the court may sentence the person to a 
 33.1   consecutive term of incarceration for a violation of any other 
 33.2   provision listed in subdivision 6, notwithstanding the fact that 
 33.3   the offenses arose out of the same course of conduct, subject to 
 33.4   the limitation on consecutive sentences contained in section 
 33.5   609A.71, subdivision 2, and except as provided in subdivisions 
 33.6   2, 3, and 4 of this section.  
 33.7      Subd. 2.  [DRIVER UNDER INFLUENCE AFTER SUBSTANCE-RELATED 
 33.8   LOSS OF LICENSE.] When a person is being sentenced for a 
 33.9   violation of section 169B.115, subdivision 1, paragraph (d) 
 33.10  (driver under influence during substance-related loss of 
 33.11  license), the court may not impose a consecutive sentence for a 
 33.12  violation of a provision of section 169J.65 (driving after 
 33.13  withdrawal of driving privileges) or 169J.75 (violating limited 
 33.14  license). 
 33.15     Subd. 3.  [DRIVER'S LICENSE VIOLATIONS.] When a person is 
 33.16  being sentenced for a violation of section 169J.65 (driving 
 33.17  after withdrawal of driving privileges) or 169J.75 (violating 
 33.18  limited license), the court may not impose a consecutive 
 33.19  sentence for another violation of a provision in chapter 169J 
 33.20  (drivers' licenses).  
 33.21     Subd. 4.  [INSURANCE VIOLATIONS.] When a person is being 
 33.22  sentenced for a violation of section 169I.11 (failure to 
 33.23  insure), the court may not impose a consecutive sentence for 
 33.24  another violation of section 169F.93 (vehicle registration) or 
 33.25  chapter 169I (vehicle insurance).  
 33.26     Subd. 5.  [VIOLATIONS ON DIFFERENT DATES.] This section 
 33.27  does not limit the authority of the court to impose consecutive 
 33.28  sentences for crimes arising on different dates or to impose a 
 33.29  consecutive sentence when a person is being sentenced for a 
 33.30  crime and is also in violation of the conditions of a stayed or 
 33.31  otherwise deferred sentence under section 609A.65. 
 33.32     Subd. 6.  [VIOLATIONS COVERED.] This section applies to 
 33.33  misdemeanor and gross misdemeanor violations of the following if 
 33.34  the offender has two or more prior impaired driving convictions: 
 33.35     (a) section 169B.11 (driver under influence); 
 33.36     (b) section 169B.41 (refusal to test); 
 34.1      (c) 169C.71 (fleeing peace officer); 
 34.2      (d) section 169I.11 (failure to insure); 
 34.3      (e) section 169J.65 (driving after withdrawal of driving 
 34.4   privileges); and 
 34.5      (f) section 169J.75 (violation of limited license). 
 34.6      Sec. 14.  [169A.27] [LESSOR LIABILITY FOR UNPAID TRAFFIC 
 34.7   CITATION.] 
 34.8      Subdivision 1.  [GENERALLY.] (a) If a motor vehicle lessor, 
 34.9   licensed under section 168.27, subdivision 2, 3, or 4, is issued 
 34.10  a traffic offense citation for a violation committed by a lessee 
 34.11  while operating the leased or rented vehicle, the lessor shall 
 34.12  convey to the issuing authority within 15 days after the lessor 
 34.13  receives knowledge of the traffic violation, information to the 
 34.14  extent available, including the driver's full name, home 
 34.15  address, local address, if any, license number, employer's name 
 34.16  and address, post office box, and form of payment. 
 34.17     (b) Upon complying with this section, the lessor is not 
 34.18  liable for the amount of fine, penalty assessment, late payment 
 34.19  penalty, or cost of warrants issued in connection with the 
 34.20  violation.  
 34.21     Subd. 2.  [VIOLATOR REMAINS LIABLE.] Action on the issuing 
 34.22  authority's part relieving the lessor of liability does not 
 34.23  absolve the person incurring the violation of responsibility for 
 34.24  the violation.  
 34.25     Subd. 3.  [MOTOR VEHICLE LEASE INDEMNITY AGREEMENT.] 
 34.26  Notwithstanding other law to the contrary, a provision in a 
 34.27  motor vehicle lease agreement that indemnifies the lessor 
 34.28  against any claims or liabilities arising out of the use, 
 34.29  operation, or maintenance of the vehicle by the lessee includes 
 34.30  the right to indemnity for traffic violations, penalties, and 
 34.31  punitive damages caused by the lessee and is enforceable in 
 34.32  accordance with its terms.  This section does not relieve the 
 34.33  lessor of any liability, penalty, or damages arising out of its 
 34.34  own acts or omissions.  
 34.35            CITATION, ARREST, AND APPEARANCE PROCEDURES 
 34.36     Sec. 15.  [169A.41] [UNIFORM TRAFFIC TICKET.] 
 35.1      Subdivision 1.  [GENERALLY.] (a) There shall be a uniform 
 35.2   ticket issued throughout the state by the peace officers or by 
 35.3   any other person for violations of the vehicle code and 
 35.4   ordinances in conformity thereto.  
 35.5      (b) The copy of the uniform traffic ticket provided to the 
 35.6   violator must include a notice specifying the consequences 
 35.7   regarding license plate or license plate tabs renewal that may 
 35.8   result if the violator fails to respond to the citation or, if 
 35.9   convicted of a traffic offense, if the violator fails to pay any 
 35.10  fine imposed. 
 35.11     Subd. 2.  [VIOLATION OTHER THAN INFRACTION.] (a) For 
 35.12  violations other than infractions, the uniform traffic ticket 
 35.13  shall be in the form and have the effect of a summons and 
 35.14  complaint.  The uniform ticket shall state that if the defendant 
 35.15  fails to appear in court in response to the ticket, an arrest 
 35.16  warrant may be issued. 
 35.17     (b) For violations other than infractions, the uniform 
 35.18  traffic ticket shall consist of four parts, on paper sensitized 
 35.19  so that copies may be made without the use of carbon paper, as 
 35.20  follows: 
 35.21     (1) the complaint, with reverse side for officer's notes 
 35.22  for testifying in court, driver's past record, and court's 
 35.23  action, printed on white paper; 
 35.24     (2) the abstract of court record for the department, which 
 35.25  shall be a copy of the complaint with the certificate of 
 35.26  conviction on the reverse side, printed on yellow paper; 
 35.27     (3) the police record, which shall be a copy of the 
 35.28  complaint and of the reverse side of copy (1), printed on pink 
 35.29  paper; and 
 35.30     (4) the summons, with, on the reverse side, such 
 35.31  information as the court may wish to give concerning the traffic 
 35.32  violations bureau, and a plea of guilty and waiver printed on 
 35.33  off-white tag stock.  
 35.34     Subd. 3.  [INFRACTION.] (a) For infractions, the uniform 
 35.35  traffic ticket shall be in the form of a citation assessing a 
 35.36  penalty for the infraction.  It shall include: 
 36.1      (1) a concise statement of the facts alleged to constitute 
 36.2   the infraction and a reference to the statute, rule, or 
 36.3   ordinance violated; 
 36.4      (2) the amount of the penalty, including fine, restitution, 
 36.5   or other reasonable condition that will be imposed if the person 
 36.6   does not appear to contest or explain the citation; 
 36.7      (3) the date by which the person must either pay the 
 36.8   penalty, arrange with the violation bureau, if established, or 
 36.9   the court to pay the penalty, or appear in person to contest or 
 36.10  explain the citation; 
 36.11     (4) a statement that the person may be detained, when 
 36.12  necessary, for the purpose of determining and verifying the 
 36.13  person's identity; 
 36.14     (5) a statement that failure to satisfy or contest the 
 36.15  citation by the date indicated constitutes an admission of the 
 36.16  infraction; 
 36.17     (6) a statement that if the person fails to satisfy or 
 36.18  contest the penalty by the date indicated, the debt may be 
 36.19  referred for collection under the provisions of chapter 16D; and 
 36.20     (7) a statement that an infraction is not a crime. 
 36.21     (b) The state court administrator shall prepare an 
 36.22  infraction citation form, which shall be made available to law 
 36.23  enforcement agencies and shall be the exclusive citation form 
 36.24  for infractions.  
 36.25     Subd. 4.  [ENDANGERMENT.] In every charge of a violation of 
 36.26  any provision of the vehicle code, the uniform traffic ticket 
 36.27  shall contain a blank or space wherein the officer shall specify 
 36.28  the officer's opinion as to whether or not an offense that is 
 36.29  otherwise an infraction was committed in a manner or under 
 36.30  circumstances so as to endanger or be likely to endanger any 
 36.31  person or property.  
 36.32     Subd. 5.  [SPEED.] The uniform traffic ticket must provide 
 36.33  a blank or space wherein an officer who issues a citation for a 
 36.34  violation of section 169D.11, subdivision 2, paragraph (a), 
 36.35  clause (3) (55 miles per hour speed limit) must specify whether 
 36.36  the speed was greater than ten miles per hour in excess of the 
 37.1   lawful speed.  
 37.2      Subd. 6.  [COMMISSIONER PRESCRIBES FORM.] The commissioner 
 37.3   shall prescribe the detailed form of the uniform traffic ticket, 
 37.4   and shall revise the uniform ticket on such subsequent occasions 
 37.5   as necessary and proper to keep the uniform ticket in conformity 
 37.6   with state and federal law.  The rulemaking provisions of 
 37.7   chapter 14 do not apply to this subdivision.  
 37.8      Sec. 16.  [169A.43] [SPEEDING VIOLATIONS; CREDIT CARD 
 37.9   PAYMENT OF FINES.] 
 37.10     Subdivision 1.  [GENERALLY.] The officer who issues a 
 37.11  citation for a violation by a person who does not reside in 
 37.12  Minnesota of section 169D.11 (speeding) shall give the defendant 
 37.13  the option to plead guilty to the violation upon issuance of the 
 37.14  citation and to pay the fine to the issuing officer with a 
 37.15  credit card.  
 37.16     Subd. 2.  [RULES.] The commissioner shall adopt rules to 
 37.17  implement this section, including specifying the types of credit 
 37.18  cards that may be used.  
 37.19     Sec. 17.  [169A.45] [TRAFFIC CITATION QUOTAS PROHIBITED.] 
 37.20     A law enforcement agency may not order, mandate, require, 
 37.21  or suggest to a peace officer a quota for the issuance of 
 37.22  traffic citations on a daily, weekly, monthly, quarterly, or 
 37.23  yearly basis.  
 37.24     Sec. 18.  [169A.47] [ARRESTS.] 
 37.25     Subdivision 1.  [PROCEDURE.] When any person is arrested 
 37.26  for any violation of any law or ordinance relating to the 
 37.27  operation or registration of vehicles punishable as an 
 37.28  infraction, misdemeanor, gross misdemeanor, or felony, the 
 37.29  arrested person shall be taken into custody and immediately 
 37.30  taken before a judge within the county in which the offense 
 37.31  charged is alleged to have been committed and who has 
 37.32  jurisdiction over the offense and is nearest or most accessible 
 37.33  with reference to the place where the arrest is made, in any of 
 37.34  the following cases: 
 37.35     (a) when a person arrested demands an immediate appearance 
 37.36  before a judge; 
 38.1      (b) when a person is arrested and charged with an offense 
 38.2   under the vehicle code causing or contributing to an accident 
 38.3   resulting in injury or death to any person; 
 38.4      (c) when the person is arrested upon a charge of negligent 
 38.5   homicide; 
 38.6      (d) when the person is arrested upon a charge of driving, 
 38.7   operating, or being in physical control of any motor vehicle 
 38.8   while under the influence of intoxicating liquor or drugs; 
 38.9      (e) when the person is arrested upon a charge of failure to 
 38.10  stop in the event of an accident causing death, personal 
 38.11  injuries, or damage to property; 
 38.12     (f) when there is reasonable cause for believing that the 
 38.13  person arrested may leave the state, except as provided in 
 38.14  subdivision 3.  
 38.15     Subd. 2.  [TRAFFIC TICKET.] When a person is arrested for 
 38.16  any violation of any law or ordinance relating to motor 
 38.17  vehicles, their registration or their operation, or the use of 
 38.18  the highways, the arresting officer shall prepare a traffic 
 38.19  ticket as provided in section 169A.41.  
 38.20     Subd. 3.  [RECIPROCAL AGREEMENTS.] (a) The commissioner is 
 38.21  empowered to enter into and carry out reciprocal agreements with 
 38.22  duly authorized representatives of other states and of states or 
 38.23  provinces of foreign countries having laws or compacts 
 38.24  authorizing the release of residents of party jurisdictions upon 
 38.25  personal recognizance following arrest for violation of a law or 
 38.26  ordinance relating to the operation of a motor vehicle. 
 38.27     (b) When a reciprocal agreement is in effect, a peace 
 38.28  officer observing a violation of any traffic rule by a resident 
 38.29  of a party jurisdiction shall issue an appropriate citation and 
 38.30  shall not, subject to the provisions of paragraph (c), require 
 38.31  the nonresident to post bond or collateral to secure appearance 
 38.32  for trial but shall accept the nonresident's personal 
 38.33  recognizance, except the nonresident has the right upon request 
 38.34  to post bond or collateral in a manner provided by law and in 
 38.35  that case the provisions of this subdivision do not apply. 
 38.36     (c) A nonresident shall not be entitled to be released on 
 39.1   personal recognizance if immediate appearance before a judge is 
 39.2   required by subdivision 1 or the offense is: 
 39.3      (1) one that, upon conviction, would result in the 
 39.4   revocation of a person's drivers license under the laws of this 
 39.5   state; or 
 39.6      (2) a violation of a highway weight limitation; or 
 39.7      (3) a violation of a law governing transportation of 
 39.8   hazardous materials; or 
 39.9      (4) driving a motor vehicle without a valid driver's 
 39.10  license.  
 39.11     Sec. 19.  [169A.49] [FAILURE TO RESPOND.] 
 39.12     Subdivision 1.  [APPEARANCE BY COUNSEL.] A person may 
 39.13  appear in court either in person or through an appearance by 
 39.14  counsel.  A person is not required to sign a written promise to 
 39.15  appear.  
 39.16     Subd. 2.  [NOTICE TO COMMISSIONER.] When a person fails to 
 39.17  respond to a traffic ticket prepared under section 169A.41, or 
 39.18  fails to comply with orders of the court regarding the 
 39.19  appearance or proceedings, the court administrator shall notify 
 39.20  the commissioner of the noncompliance upon a form provided by 
 39.21  the commissioner.  
 39.22     Subd. 3.  [NONRESIDENT'S FAILURE TO RESPOND.] Upon receipt 
 39.23  of notice from the court that a nonresident did not respond to a 
 39.24  traffic ticket, the commissioner shall forward a copy of the 
 39.25  report to the driver licensing authority of the state or 
 39.26  province of residence of the person.  
 39.27     Subd. 4.  [SUSPENSION OF DRIVER'S LICENSE.] (a) Upon 
 39.28  receiving a report from the court, or from the driver licensing 
 39.29  authority of a state or of a state or province of a foreign 
 39.30  country that has an agreement in effect with this state pursuant 
 39.31  to section 169A.31, that a resident of this state or a person 
 39.32  licensed as a driver in this state did not respond to a traffic 
 39.33  ticket, the commissioner shall notify the driver: 
 39.34     (1) that the driver's license will be suspended unless the 
 39.35  commissioner receives notice within 30 days that the driver has 
 39.36  responded to the traffic ticket; or 
 40.1      (2) if the driver has failed to respond to an infraction 
 40.2   citation as provided in section 609N.11, that the driver's 
 40.3   license will be suspended unless the commissioner receives 
 40.4   notice within 30 days that the person has paid the penalty for 
 40.5   the infraction. 
 40.6      (b) If the commissioner does not receive notice of the 
 40.7   response to the traffic ticket or payment of the penalty within 
 40.8   30 days of the date of the commissioner's notice to the driver, 
 40.9   the commissioner may suspend the driver's license, subject to 
 40.10  the notice requirements of section 169J.47, subdivision 2. 
 40.11     (c) The order of suspension shall indicate the reason for 
 40.12  the order and shall notify the driver that the driver's license 
 40.13  shall remain suspended until the driver has furnished evidence, 
 40.14  satisfactory to the commissioner, of compliance with any order 
 40.15  entered by the court or violation bureau. 
 40.16     (d) Suspension shall be ordered under this subdivision only 
 40.17  when the report: 
 40.18     (1) clearly identifies the person to whom the traffic 
 40.19  ticket was issued; 
 40.20     (2) describes the violation, specifying the section of the 
 40.21  traffic law, ordinance, or rule violated; 
 40.22     (3) indicates the location and date of the offense; and 
 40.23     (4) describes the vehicle involved and its registration 
 40.24  number.  
 40.25     Sec. 20.  [169A.51] [ARREST WITHOUT WARRANT.] 
 40.26     The provisions of sections 169A.31 to 169A.35 shall govern 
 40.27  all peace officers in making arrests without a warrant for 
 40.28  violations of the vehicle code for offenses committed in their 
 40.29  presence, but the procedure prescribed therein shall not 
 40.30  otherwise be exclusive of any other method prescribed by law for 
 40.31  the arrest and prosecution of a person for an offense of like 
 40.32  grade. 
 40.33                    PROCEEDINGS AFTER APPEARANCE 
 40.34     Sec. 21.  [169A.61] [COURT TO DETERMINE DRIVER'S RECORD.] 
 40.35     When a person is arrested for a violation of any provision 
 40.36  of the vehicle code, or a violation of any provision of a city 
 41.1   ordinance regulating traffic, the court before whom the matter 
 41.2   is heard shall determine the person's driver's record from the 
 41.3   commissioner before pronouncing sentence.  The expense of 
 41.4   procuring this information is taxable as costs upon the 
 41.5   conviction.  
 41.6      Sec. 22.  [169A.63] [ORDERING ATTENDANCE AT DRIVER 
 41.7   IMPROVEMENT CLINIC.] 
 41.8      In conjunction with or in lieu of other penalties provided 
 41.9   by law for violation of the vehicle code or a city ordinance 
 41.10  enacted in conformance thereto, the trial court may in its 
 41.11  judgment of conviction order the convicted person to attend and 
 41.12  satisfactorily complete a course of study at an approved driver 
 41.13  improvement clinic.  The commissioner may, upon the 
 41.14  commissioner's own motion or upon recommendation of the court, 
 41.15  suspend, for a period not to exceed 30 days, the operator's 
 41.16  license or permit or nonresident operating privilege of any 
 41.17  person who fails or refuses to comply with an order to attend a 
 41.18  driver improvement clinic.  The requirement of attendance at a 
 41.19  driver improvement clinic is not a fine, imprisonment, or 
 41.20  sentence within the meaning of section 609A.07.  The court may 
 41.21  not order a convicted person to attend a driver improvement 
 41.22  clinic that is located more than 35 miles from the person's 
 41.23  residence.  
 41.24     Sec. 23.  [169A.65] [COURT RECORDS AND REPORTS OF 
 41.25  VIOLATIONS AND DELINQUENT FINES.] 
 41.26     Subdivision 1.  [RECORDS.] Every court administrator shall 
 41.27  keep a full record of every case in which a person is charged 
 41.28  with a violation of any law or ordinance, regulating the 
 41.29  operation or parking of vehicles on highways.  
 41.30     Subd. 2.  [REPORTS OF VEHICLE VIOLATIONS.] (a) Within ten 
 41.31  days after the conviction or forfeiture of bail of a person upon 
 41.32  a charge of violating any provisions of any law or ordinance, 
 41.33  regulating the operation of vehicles on highways, the court 
 41.34  administrator of the court in which the conviction was had or 
 41.35  bail was forfeited, shall immediately forward to the department 
 41.36  an abstract of the record of the court covering the case in 
 42.1   which the person was convicted or forfeited bail.  The abstract 
 42.2   must be certified by the person required to prepare it to be 
 42.3   true and correct.  
 42.4      (b) The abstract must be made upon a form furnished by the 
 42.5   department, and shall include the name and address of the party 
 42.6   charged, the driver's license number of the person involved, the 
 42.7   nature of the offense, the date of hearing, the plea, the 
 42.8   judgment, or whether bail was forfeited, and the amount of the 
 42.9   fine or forfeiture, as the case may be.  
 42.10     (c) Every court shall also forward a report to the 
 42.11  department reporting the conviction of any person of 
 42.12  manslaughter or other felony in the commission of which a 
 42.13  vehicle was used. 
 42.14     Subd. 3.  [REPORTS OF DELINQUENT FINES.] Every court 
 42.15  administrator shall report delinquent fines imposed for traffic 
 42.16  offenses to the department of public safety's computerized 
 42.17  records system established under section 168.135.  The court 
 42.18  administrator shall report within 30 days after the date that 
 42.19  the payment of a fine is due.  The report must be made to the 
 42.20  commissioner of public safety as prescribed in section 168.135 
 42.21  and must contain the following information: 
 42.22     (a) the license plate number of the motor vehicle involved 
 42.23  in the offense; 
 42.24     (b) the number of delinquent fines; 
 42.25     (c) the amount of the fine for each citation or conviction; 
 42.26  and 
 42.27     (d) the date the citation was issued. 
 42.28     Subd. 4.  [NOTICE AND REPORT BY COURT.] (a) At least 15 
 42.29  days before any information on delinquent fines is transmitted 
 42.30  to the department's computerized records system, the court shall 
 42.31  mail a notice containing the following information to the last 
 42.32  known address of the registered owner of the motor vehicle 
 42.33  involved in the traffic offense: 
 42.34     (1) the nature of the violation; 
 42.35     (2) the amount of the fine; 
 42.36     (3) where the fine should be paid; and 
 43.1      (4) the resulting consequences concerning license plate or 
 43.2   license plate tabs renewal if the fine is not paid. 
 43.3      (b) If the fine is not paid or otherwise disposed of to the 
 43.4   satisfaction of the court or if a court appearance has not been 
 43.5   scheduled, the court shall transmit the information to the 
 43.6   department's computerized records system.  The court may impose 
 43.7   costs and assess penalties to the defendant to recover any 
 43.8   expense incurred by the court in administering the notice and 
 43.9   reporting requirements of this section.  The costs and penalties 
 43.10  are payable to the court. 
 43.11     Subd. 5.  [PAYMENT OF DELINQUENT FINE.] When a delinquent 
 43.12  fine has been paid or otherwise disposed of to the court's 
 43.13  satisfaction, the court shall: 
 43.14     (a) issue the violator a receipt of payment or statement 
 43.15  certifying that the delinquent fine has been paid or otherwise 
 43.16  disposed of to the court's satisfaction; and 
 43.17     (b) update its listing of outstanding delinquent fines to 
 43.18  be recorded in the records system established in section 
 43.19  168.135, subdivision 3 (license plate renewal applications). 
 43.20     Subd. 6.  [IMPLEMENTATION; PHASE-IN; APPROPRIATION.] (a) By 
 43.21  January 1, 1998, the commissioner shall select one or more 
 43.22  cities, counties, or districts in which to implement 
 43.23  subdivisions 3 to 5 and section 168.135 on a pilot project basis 
 43.24  in advance of their statewide effective date.  The commissioner 
 43.25  shall include an evaluation of this pilot project in the report 
 43.26  the commissioner is required to submit under paragraph (b). 
 43.27     (b) The commissioner, in cooperation with the commissioner 
 43.28  of administration and the chief justice of the supreme court, or 
 43.29  their designees, shall submit a report to the legislature by 
 43.30  January 15, 1999, making recommendations related to the 
 43.31  statewide implementation of subdivisions 3 to 5 and section 
 43.32  168.135.  The report shall make recommendations regarding: 
 43.33     (1) equipment, training, and necessary personnel; 
 43.34     (2) system design, interconnection, programming, and the 
 43.35  most efficient means of information exchange; 
 43.36     (3) uniform ticket identification methodology for all 
 44.1   system users; 
 44.2      (4) most effective means of inputting district court 
 44.3   information into the system; 
 44.4      (5) any additional or amendatory legislation appropriate to 
 44.5   fully implement or improve the system, including any legislation 
 44.6   that may be appropriate if license plates or license plate tabs 
 44.7   are erroneously issued to persons with delinquent traffic fines; 
 44.8   and 
 44.9      (6) required appropriations. 
 44.10     (c) $....... is appropriated from the general fund to the 
 44.11  commissioner of public safety for the fiscal biennium ending 
 44.12  June 30, 1999, to be used to implement subdivisions 3 to 5 and 
 44.13  section 168.135 on a pilot project basis and to perform the 
 44.14  reporting requirements of paragraph (b). 
 44.15     (d) Subdivisions 3 to 5 and section 168.135 are effective 
 44.16  January 1, 1998, in those portions of the state included in the 
 44.17  commissioner of public safety's pilot project under subdivision 
 44.18  6.  Subdivisions 3 to 5 and section 168.135 are effective 
 44.19  statewide July 1, 1999. 
 44.20     Sec. 24.  [169A.67] [TRAFFIC OFFENSE SURCHARGE; 
 44.21  APPROPRIATION.] 
 44.22     Subdivision 1.  [SURCHARGE ON TRAFFIC OFFENSE 
 44.23  VIOLATIONS.] An additional fee of $1 is imposed on all 
 44.24  convictions for traffic offenses.  Courts, violation bureaus, or 
 44.25  other entities that collect fines for these offenses shall 
 44.26  transmit the proceeds of the fee to the commissioner monthly.  
 44.27  The commissioner shall deposit the proceeds in the general fund. 
 44.28     Subd. 2.  [APPROPRIATION TO REIMBURSE DEPUTY 
 44.29  REGISTRARS.] Of the proceeds collected under subdivision 1, a 
 44.30  sum sufficient is annually appropriated to the commissioner of 
 44.31  public safety to reimburse deputy registrars for their actual, 
 44.32  documented telephone transaction costs, mailing costs, and other 
 44.33  expenses necessarily incurred to comply with their duties 
 44.34  required under section 168.135. 
 44.35     Sec. 25.  [169A.69] [EFFECT OF RECORD OF CONVICTION.] 
 44.36     Subdivision 1.  [NOT ADMISSIBLE AS EVIDENCE.] No record of 
 45.1   the conviction of any person for any violation of the vehicle 
 45.2   code shall be admissible as evidence in any court in any civil 
 45.3   action.  
 45.4      Subd. 2.  [NOT TO AFFECT CREDIBILITY AS WITNESS.] The 
 45.5   conviction of a person upon a charge of violating any provision 
 45.6   of the vehicle code or other traffic rule less than a felony 
 45.7   shall not affect or impair the person's credibility as a witness 
 45.8   in any civil or criminal proceeding.  
 45.9              POLICE, PATROL, OR SECURITY GUARD VEHICLES 
 45.10     Sec. 26.  [169A.71] [POLICE, PATROL, OR SECURITY GUARD 
 45.11  VEHICLES.] 
 45.12     Subdivision 1.  [COLORS AND MARKINGS.] (a) Except as 
 45.13  provided in subdivisions 4 and 6, all motor vehicles that are 
 45.14  primarily used in the enforcement of highway traffic rules by 
 45.15  the state patrol or for general uniform patrol assignment by any 
 45.16  law enforcement agency, except conservation officers, shall have 
 45.17  uniform colors and markings as provided herein. 
 45.18     (b) Motor vehicles of: 
 45.19     (1) city police departments, the University of Minnesota 
 45.20  police department, and park police units shall be predominantly 
 45.21  blue, brown, green, or white; 
 45.22     (2) the state patrol shall be predominantly maroon; and 
 45.23     (3) the county sheriffs' office shall be predominantly 
 45.24  brown or white. 
 45.25     (c) The identity of the governmental unit operating the 
 45.26  vehicle shall be displayed on both front door panels and on the 
 45.27  rear of the vehicle.  The identity may be in the form of a 
 45.28  shield or emblem, or may be the word "police," "sheriff," or the 
 45.29  words "state patrol" or "conservation officer," as appropriate, 
 45.30  with letters not less than 2-1/2 inches high, one-inch wide and 
 45.31  of a three-eighths inch brush stroke.  The identity shall be of 
 45.32  a color contrasting with the background color so that the motor 
 45.33  vehicle is easily identifiable as belonging to a specific type 
 45.34  of law enforcement agency.  Each vehicle shall be marked with 
 45.35  its own identifying number on the rear of the vehicle.  The 
 45.36  number shall be printed in the same size and color required 
 46.1   pursuant to this subdivision for identifying words that may be 
 46.2   displayed on the vehicle.  
 46.3      Subd. 2.  [VEHICLE STOPS.] Only a person who is licensed as 
 46.4   a peace officer or part-time peace officer under sections 626.84 
 46.5   to 626.863 may use a motor vehicle governed by subdivision 1 to 
 46.6   stop a vehicle.  In addition, a hazardous materials specialist 
 46.7   employed by the department of transportation may, in the course 
 46.8   of responding to an emergency, use a motor vehicle governed by 
 46.9   subdivision 1 to stop a vehicle. 
 46.10     Subd. 3.  [OPERATION OF MARKED VEHICLES.] Except as 
 46.11  otherwise permitted under sections 221.221 and 299D.06, a motor 
 46.12  vehicle governed by subdivision 1 may only be operated by a 
 46.13  person licensed as a peace officer or part-time peace officer 
 46.14  under sections 626.84 to 626.863.  This prohibition does not 
 46.15  apply to the following: 
 46.16     (a) a marked vehicle that is operated for maintenance 
 46.17  purposes only; 
 46.18     (b) a marked vehicle that is operated during a skills 
 46.19  course approved by the peace officers standards and training 
 46.20  board; 
 46.21     (c) a marked vehicle that is operated to transport 
 46.22  prisoners or equipment; or 
 46.23     (d) a marked vehicle that is operated by a reserve officer 
 46.24  providing supplementary assistance at the direction of the chief 
 46.25  law enforcement officer or the officer's designee, when a 
 46.26  licensed peace officer as defined in section 626.84, subdivision 
 46.27  1, paragraph (c), who is employed by that political subdivision, 
 46.28  is on duty within the political subdivision.  
 46.29     Subd. 4.  [SPECIALLY MARKED PATROL VEHICLES.] The 
 46.30  commissioner may authorize the use of specially marked state 
 46.31  patrol vehicles, that have only a marking composed of a shield 
 46.32  on the right door with the words inscribed thereon "Minnesota 
 46.33  State Patrol" for primary use in the enforcement of highway 
 46.34  traffic rules when in the judgment of the commissioner the use 
 46.35  of specially marked state patrol vehicles will contribute to the 
 46.36  safety of the traveling public.  The number of such specially 
 47.1   marked state patrol vehicles used in the enforcement of highway 
 47.2   traffic rules shall not exceed ten percent of the total number 
 47.3   of state patrol vehicles used in traffic law enforcement.  All 
 47.4   specially marked state patrol vehicles shall be operated by 
 47.5   uniformed members of the state patrol and so equipped and 
 47.6   operated as to clearly indicate to the driver of a car that is 
 47.7   signaled to stop that the specially marked state patrol vehicle 
 47.8   is being operated by the state patrol.  
 47.9      Subd. 5.  [SPECIALLY MARKED POLICE OR SHERIFF VEHICLES.] 
 47.10  The chief of police of a home rule charter or statutory city, 
 47.11  and the sheriff of a county, may authorize within the 
 47.12  jurisdiction the use of specially marked police or sheriff's 
 47.13  vehicles for primary use in the enforcement of highway traffic 
 47.14  laws and ordinances when in the judgment of the chief of police 
 47.15  or sheriff the use of specially marked vehicles will contribute 
 47.16  to the safety of the traveling public.  A specially marked 
 47.17  vehicle is a vehicle that is marked only with the shield of the 
 47.18  city or county and the name of the proper authority on the right 
 47.19  front door of the vehicle. The number of specially marked 
 47.20  vehicles owned by a police department of a city of the first 
 47.21  class may not exceed ten percent of the total number of vehicles 
 47.22  used by that police department in traffic law enforcement, and a 
 47.23  city or county that uses fewer than 11 vehicles in traffic law 
 47.24  enforcement may not own more than one specially marked vehicle.  
 47.25  A specially marked vehicle may be operated only by a uniformed 
 47.26  officer and must be equipped and operated to indicate clearly to 
 47.27  the driver of a vehicle signaled to stop that the specially 
 47.28  marked vehicle is being operated by a police department or 
 47.29  sheriff's office. 
 47.30     Subd. 6.  [SECURITY GUARD VEHICLES.] All motor vehicles 
 47.31  that are used by security guards in the course of their 
 47.32  employment may have any color other than those specified in 
 47.33  subdivision 1 for law enforcement vehicles.  The identity of the 
 47.34  security service shall be displayed on the motor vehicle as 
 47.35  required for law enforcement vehicles.  
 47.36     Subd. 7.  [VEHICLE SECURITY BARRIER; EXEMPTION.] Marked 
 48.1   state patrol vehicles are exempt from compliance with any rule 
 48.2   requiring a security barrier between the front and rear seats of 
 48.3   the vehicle.  A state patrol vehicle shall be equipped with a 
 48.4   security barrier at the option of the officer assigned the 
 48.5   vehicle. 
 48.6      Subd. 8.  [FIRST AID EQUIPMENT.] Every patrol motor vehicle 
 48.7   shall be equipped with and carry first aid equipment. 
 48.8                       UNIVERSITY TRAFFIC RULES 
 48.9      Sec. 27.  [169A.81] [REGENTS OF UNIVERSITY TO REGULATE 
 48.10  TRAFFIC AND PARKING.] 
 48.11     Subdivision 1.  [AUTHORITY.] The regents of the University 
 48.12  of Minnesota may, from time to time, make, adopt, and enforce 
 48.13  such rules, regulations, or ordinances as they may find 
 48.14  expedient or necessary relating to the regulation of traffic and 
 48.15  parking, upon parking facilities, highways, streets, private 
 48.16  roads, and roadways situated on property owned, leased, or 
 48.17  occupied by the regents of the University of Minnesota or by the 
 48.18  University of Minnesota.  
 48.19     Subd. 2.  [ENFORCEMENT.] Every sheriff or other peace 
 48.20  officer shall see that all rules, regulations, and ordinances 
 48.21  are obeyed, and shall arrest and prosecute offenders.  
 48.22     Subd. 3.  [ENFORCEMENT POWERS.] The regents of the 
 48.23  University of Minnesota are hereby authorized to appoint and 
 48.24  employ, and fix the compensation to be paid out of funds of the 
 48.25  regents of the University of Minnesota, for persons who shall 
 48.26  have and may exercise on property owned, leased, or occupied by 
 48.27  the regents of the University of Minnesota or the University of 
 48.28  Minnesota the same powers of arrest for violation of rules, 
 48.29  regulations, or ordinances adopted by the regents of the 
 48.30  University of Minnesota pursuant to the vehicle code, as 
 48.31  possessed by a sheriff or other peace officer.  
 48.32     Subd. 4.  [PROSECUTION.] Prosecution for a violation of a 
 48.33  rule, regulation, or ordinance adopted pursuant to this section 
 48.34  may be before any court having jurisdiction over the place where 
 48.35  the violation occurs.  
 48.36     Subd. 5.  [JUDICIAL NOTICE.] All persons shall take notice 
 49.1   of such rules, regulations, and ordinances without pleading and 
 49.2   proof of the same.  
 49.3      Subd. 6.  [NOTICE, HEARING, FILING, AND EFFECT.] (a) The 
 49.4   regents of the University of Minnesota shall fix a date for a 
 49.5   public hearing on the adoption of any such proposed rule, 
 49.6   regulation, or ordinance.  Notice of the hearing shall be 
 49.7   published in a legal newspaper in the county in which the 
 49.8   property affected by the rule, regulation, or ordinance is 
 49.9   located.  The publication shall be at least 15 days and not more 
 49.10  than 45 days before the date of the hearing. 
 49.11     (b) If, after the public hearing, the proposed rule, 
 49.12  regulation, or ordinance shall be adopted by a majority of the 
 49.13  members of the board of regents of the University of Minnesota, 
 49.14  the same shall be considered to have been enacted by the regents 
 49.15  of the University of Minnesota.  A copy of the same shall be 
 49.16  signed by the president, attested by the secretary and filed 
 49.17  with the secretary of state of the state of Minnesota, together 
 49.18  with proof of publication.  Upon the filing, the rule, 
 49.19  regulation, or ordinance, as the case may be, shall thenceforth 
 49.20  be in full force and effect.  
 49.21     Subd. 7.  [ALLOCATION OF FINES.] The fines collected in 
 49.22  Hennepin, St. Louis, and Stevens counties shall be paid into the 
 49.23  treasury of the University of Minnesota, except that the portion 
 49.24  of the fines necessary to cover all costs and disbursements 
 49.25  incurred in processing and prosecuting the violations in the 
 49.26  court shall be retained by the court administrator in Hennepin 
 49.27  and St. Louis counties and by the city of Morris in Stevens 
 49.28  county.  
 49.29     Sec. 28.  [169A.815] [INFRACTION VIOLATION OF UNIVERSITY OF 
 49.30  MINNESOTA TRAFFIC REGULATION.] 
 49.31     Any person violating a rule, regulation, or ordinance 
 49.32  adopted pursuant to section 169A.81 shall be guilty of an 
 49.33  infraction.  
 49.34     Sec. 29.  [169A.83] [STATE UNIVERSITY BOARD TO REGULATE 
 49.35  TRAFFIC.] 
 49.36     Subdivision 1.  [AUTHORITY.] The state university board may 
 50.1   from time to time make, adopt, and enforce such rules or 
 50.2   ordinances not inconsistent with the vehicle code, as it may 
 50.3   find expedient or necessary relating to the regulation of 
 50.4   traffic and parking upon parking facilities and private roads 
 50.5   and roadways situated on property owned, leased, occupied, or 
 50.6   operated by state universities.  
 50.7      Subd. 2.  [PARKING FACILITIES.] The state university board 
 50.8   may establish rents, charges, or fees for the use of parking 
 50.9   facilities owned, leased, occupied, or operated by the state 
 50.10  university board.  The money collected by the board as rents, 
 50.11  charges, or fees in accordance with this subdivision shall be 
 50.12  deposited in the university activity fund and is annually 
 50.13  appropriated to the state university board for state university 
 50.14  purposes and to maintain and operate parking lots and parking 
 50.15  facilities.  
 50.16     Subd. 3.  [ENFORCEMENT.] Every sheriff or other peace 
 50.17  officer shall see that all rules and ordinances are obeyed and 
 50.18  shall arrest and prosecute offenders.  
 50.19     Subd. 4.  [ENFORCEMENT POWERS.] The state university board 
 50.20  may appoint and employ, and fix the compensation to be paid out 
 50.21  of funds that may be available for such purposes, for persons 
 50.22  who shall have and may exercise on property owned, leased, or 
 50.23  occupied by the state universities the same powers of arrest for 
 50.24  violation of rules or ordinances adopted by the board as 
 50.25  possessed by a sheriff or other peace officer.  
 50.26     Subd. 5.  [PROSECUTION.] Prosecution for violation of a 
 50.27  rule or ordinance adopted pursuant to this section may be before 
 50.28  any court having jurisdiction over the place where the violation 
 50.29  occurs. 
 50.30     Subd. 6.  [JUDICIAL NOTICE.] All persons shall take notice 
 50.31  of the rules and ordinances without pleading and proof of the 
 50.32  same.  
 50.33     Subd. 7.  [NOTICE, HEARING, FILING, AND EFFECT.] (a) The 
 50.34  state university board shall fix a date for a public hearing on 
 50.35  the adoption of any such proposed rule or ordinance.  Notice of 
 50.36  the hearing shall be published in a legal newspaper in the 
 51.1   county in which the property affected by the rule or ordinance 
 51.2   is located.  The publication shall be at least 15 days and not 
 51.3   more than 45 days before the date of the hearing. 
 51.4      (b) If, after the public hearing, the proposed rule or 
 51.5   ordinance shall be adopted by a majority of the members of the 
 51.6   board, the same shall be considered to have been enacted by the 
 51.7   board.  A copy of the same shall be signed by the president and 
 51.8   filed with the county recorder of each county where the rule or 
 51.9   ordinance shall be in effect, together with proof of publication.
 51.10  Upon such filing, the rule or ordinance, as the case may be, 
 51.11  shall thenceforth be in full force and effect.  
 51.12     Subd. 8.  [DELEGATION.] The state university board may 
 51.13  delegate its responsibilities under this section to a state 
 51.14  university president.  Actions of the president shall be 
 51.15  presumed to be those of the board.  The university president 
 51.16  shall file with the board president the results of any public 
 51.17  hearings and the subsequent adoption of any proposed rule or 
 51.18  ordinance enacted pursuant thereto.  
 51.19     Sec. 30.  [169A.835] [INFRACTION VIOLATION OF STATE 
 51.20  UNIVERSITY TRAFFIC RULE.] 
 51.21     Any person violating a rule or ordinance adopted pursuant 
 51.22  to section 169A.83 shall be guilty of an infraction. 
 51.23              MOTOR VEHICLE IMPOUNDMENT AND FORFEITURE 
 51.24     Sec. 31.  [169A.91] [IMPOUNDMENT OF MOTOR VEHICLES UNDER 
 51.25  LOCAL ORDINANCE; PREREQUISITES TO REDEMPTION.] 
 51.26     Subdivision 1.  [REDEMPTION; PREREQUISITES.] If a motor 
 51.27  vehicle is impounded by a peace officer following the arrest or 
 51.28  taking into custody of a driver for a violation of section 
 51.29  169B.11 (driver under influence) or 169B.41 (refusal to test), 
 51.30  the impounded vehicle shall only be released from impoundment: 
 51.31     (a) to the registered owner, a person authorized by the 
 51.32  registered owner, a lienholder of record, or a person who has 
 51.33  purchased the vehicle from the registered owner, who provides 
 51.34  proof of ownership of the vehicle, proof of valid Minnesota 
 51.35  driving privileges, and proof of insurance required by law to 
 51.36  cover the vehicle; 
 52.1      (b) if the vehicle is subject to a rental or lease 
 52.2   agreement, to a renter or lessee with valid Minnesota driving 
 52.3   privileges who provides a copy of the rental or lease agreement 
 52.4   and proof of insurance required by law to cover the vehicle; or 
 52.5      (c) to an agent of a towing company authorized by a 
 52.6   registered owner if the owner provides proof of ownership of the 
 52.7   vehicle and proof of insurance required by law to cover the 
 52.8   vehicle.  
 52.9      Subd. 2.  [TO WHOM INFORMATION PROVIDED.] The proof of 
 52.10  ownership and insurance or, where applicable, the copy of the 
 52.11  rental or lease agreement required by subdivision 1 shall be 
 52.12  provided to the law enforcement agency impounding the vehicle or 
 52.13  to a person or entity designated by the law enforcement agency 
 52.14  to receive the information.  
 52.15     Subd. 3.  [LIABILITY FOR STORAGE COSTS.] No law enforcement 
 52.16  agency, local unit of government, or state agency is responsible 
 52.17  or financially liable for any storage fees incurred due to an 
 52.18  impoundment under this section.  
 52.19     Sec. 32.  [169A.93] [VEHICLE FORFEITURE FOR COMMISSION OF 
 52.20  DESIGNATED OFFENSES.] 
 52.21     Subdivision 1.  [SPECIAL DEFINITIONS.] As used in this 
 52.22  section, the following terms have the meanings given them: 
 52.23     (a) "Appropriate agency" means a law enforcement agency 
 52.24  that has the authority to make an arrest for a violation of a 
 52.25  designated offense.  
 52.26     (b) "Designated offense" includes: 
 52.27     (1) a violation of section 169B.11 (driver under influence) 
 52.28  or 169B.41 (refusal to test) committed: 
 52.29     (i) within five years after three prior impaired driving 
 52.30  convictions or three prior license revocations based on separate 
 52.31  incidents; 
 52.32     (ii) within 15 years after the first of four or more prior 
 52.33  impaired driving convictions or the first of four or more prior 
 52.34  license revocations based on separate incidents; 
 52.35     (iii) by a person whose driver's license or driving 
 52.36  privileges have been canceled under section 169J.05, subdivision 
 53.1   1, paragraph (k) (inimical to public safety or welfare); or 
 53.2      (iv) by a person who is subject to a restriction on the 
 53.3   person's driver's license under section 169J.21 that provides 
 53.4   that the person may not use or consume any amount of alcohol or 
 53.5   a controlled substance; or 
 53.6      (2) a violation of section 169B.115, paragraph (c) (child 
 53.7   under 16 in vehicle) committed: 
 53.8      (i) within five years after two prior impaired driving 
 53.9   convictions or two prior license revocations based on separate 
 53.10  incidents; or 
 53.11     (ii) within 15 years after the first of three or more prior 
 53.12  impaired driving convictions or the first of three or more prior 
 53.13  license revocations based on separate incidents.  
 53.14     (c) "Motor vehicle" and "vehicle" do not include a vehicle 
 53.15  that is stolen or taken in violation of the law.  
 53.16     (d) "Prosecuting authority" means the attorney in the 
 53.17  jurisdiction in which the designated offense occurred who is 
 53.18  responsible for prosecuting violations of a designated offense. 
 53.19     Subd. 2.  [SEIZURE.] (a) A motor vehicle subject to 
 53.20  forfeiture under this section may be seized by the appropriate 
 53.21  agency upon process issued by any court having jurisdiction over 
 53.22  the vehicle. 
 53.23     (b) Property may be seized without process if: 
 53.24     (1) the seizure is incident to a lawful arrest or a lawful 
 53.25  search; 
 53.26     (2) the vehicle subject to seizure has been the subject of 
 53.27  a prior judgment in favor of the state in a criminal injunction 
 53.28  or forfeiture proceeding under this section; or 
 53.29     (3) the appropriate agency has probable cause to believe 
 53.30  that the delay occasioned by the necessity to obtain process 
 53.31  would result in the removal or destruction of the vehicle. 
 53.32     (c) If property is seized without process under paragraph 
 53.33  (b), clause (3), the prosecuting authority must institute a 
 53.34  forfeiture action under this section as soon as is reasonably 
 53.35  possible.  
 53.36     Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
 54.1   OF SEIZED VEHICLE.] (a) All right, title, and interest in a 
 54.2   vehicle subject to forfeiture under this section vests in the 
 54.3   appropriate agency upon commission of the designated offense 
 54.4   giving rise to the forfeiture.  Any vehicle seized under this 
 54.5   section is not subject to replevin, but is deemed to be in the 
 54.6   custody of the appropriate agency subject to the orders and 
 54.7   decrees of the court having jurisdiction over the forfeiture 
 54.8   proceedings. 
 54.9      (b) When a vehicle is so seized, the appropriate agency may:
 54.10     (1) place the vehicle under seal; 
 54.11     (2) remove the vehicle to a place designated by it; 
 54.12     (3) place a disabling device on the vehicle; and 
 54.13     (4) take other steps reasonable and necessary to secure the 
 54.14  vehicle and prevent waste.  
 54.15     Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 54.16  vehicle that has been seized under this section seeks possession 
 54.17  of the vehicle before the forfeiture action is determined, the 
 54.18  owner may, subject to the approval of the appropriate agency, 
 54.19  give security or post bond payable to the appropriate agency in 
 54.20  an amount equal to the retail value of the seized vehicle.  On 
 54.21  posting the security or bond, the seized vehicle may be returned 
 54.22  to the owner only if a disabling device is attached to the 
 54.23  vehicle.  The forfeiture action shall proceed against the 
 54.24  security as if it were the seized vehicle. 
 54.25     Subd. 5.  [EVIDENCE.] Certified copies of motor vehicle 
 54.26  records concerning prior substance-related loss of license are 
 54.27  admissible as substantive evidence where necessary to prove the 
 54.28  commission of a designated offense.  
 54.29     Subd. 6.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 
 54.30  vehicle is subject to forfeiture under this section if it was 
 54.31  used in the commission of a designated offense.  
 54.32     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] (a)
 54.33  A vehicle is subject to forfeiture under this section only if: 
 54.34     (1) the driver is convicted of the designated offense upon 
 54.35  which the forfeiture is based; or 
 54.36     (2) the driver fails to appear with respect to the 
 55.1   designated offense charge in violation of section 609K.57. 
 55.2      (b) A vehicle encumbered by a bona fide security interest, 
 55.3   or subject to a lease that has a term of 180 days or more, is 
 55.4   subject to the interest of the secured party or lessor unless 
 55.5   the party or lessor had knowledge of or consented to the act 
 55.6   upon which the forfeiture is based. 
 55.7      (c) Notwithstanding paragraph (b), the secured party's or 
 55.8   lessor's interest in a vehicle is not subject to forfeiture 
 55.9   based solely on the secured party's or lessor's knowledge of the 
 55.10  act or omission upon which the forfeiture is based if the 
 55.11  secured party or lessor took reasonable steps to terminate use 
 55.12  of the vehicle by the offender. 
 55.13     (d) A motor vehicle is subject to forfeiture under this 
 55.14  section only if its owner knew or should have known of the 
 55.15  unlawful use or intended use. 
 55.16     (e) A vehicle subject to a security interest, based upon a 
 55.17  loan or other financing arranged by a financial institution. 
 55.18     Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motor vehicle used 
 55.19  to commit a designated offense is subject to forfeiture under 
 55.20  this subdivision. 
 55.21     (b) A separate complaint shall be filed against the 
 55.22  vehicle, describing it, and specifying that it was used in the 
 55.23  commission of a designated offense and specifying the time and 
 55.24  place of its unlawful use.  If the person charged with a 
 55.25  designated offense appears in court as required and is not 
 55.26  convicted of the offense, the court shall dismiss the complaint 
 55.27  against the vehicle and order the property returned to the 
 55.28  person legally entitled to it. If the lawful ownership of the 
 55.29  vehicle used in the commission of a designated offense can be 
 55.30  determined and it is found the owner was not privy to commission 
 55.31  of a designated offense, the vehicle shall be returned 
 55.32  immediately.  
 55.33     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
 55.34  court finds under subdivision 8 that the vehicle is subject to 
 55.35  forfeiture, it shall order the appropriate agency to: 
 55.36     (1) sell the vehicle and distribute the proceeds under 
 56.1   paragraph (b); or 
 56.2      (2) keep the vehicle for official use.  If the agency keeps 
 56.3   a forfeited motor vehicle for official use, it shall make 
 56.4   reasonable efforts to ensure that the motor vehicle is available 
 56.5   for use by the agency's officers who participate in the drug 
 56.6   abuse resistance education program. 
 56.7      (b) The proceeds from the sale of forfeited vehicles, after 
 56.8   payment of seizure, storage, forfeiture, and sale expenses, and 
 56.9   satisfaction of valid liens against the property, must be 
 56.10  forwarded to the treasury of the political subdivision that 
 56.11  employs the appropriate agency responsible for the forfeiture 
 56.12  for use in DWI-related enforcement, training and education.  If 
 56.13  the appropriate agency is an agency of state government, the net 
 56.14  proceeds must be forwarded to the state treasury and credited to 
 56.15  the general fund. 
 56.16                             ARTICLE 2 
 56.17               SUBSTANCE-RELATED VEHICULAR PROVISIONS 
 56.18      DRIVER UNDER INFLUENCE; CRIMINAL VEHICULAR HOMICIDE AND 
 56.19                               INJURY 
 56.20     Section 1.  [169B.11] [DRIVER UNDER INFLUENCE; CRIMINAL 
 56.21  VEHICULAR HOMICIDE AND INJURY.] 
 56.22     It is a crime for any person to drive, operate, or be in 
 56.23  physical control of any motor vehicle within this state or upon 
 56.24  the ice of any boundary water of this state under any of the 
 56.25  following circumstances: 
 56.26     (a) when the person is under the influence of alcohol; 
 56.27     (b) when the person is under the influence of a controlled 
 56.28  substance; 
 56.29     (c) when the person is under the influence of a combination 
 56.30  of any two or more of the elements named in paragraphs (a), (b), 
 56.31  and (f); 
 56.32     (d) when the person's alcohol concentration is 0.10 or 
 56.33  more; 
 56.34     (e) when the person's alcohol concentration as measured 
 56.35  within two hours of the time of driving, operating, or being in 
 56.36  physical control of the motor vehicle is 0.10 or more; 
 57.1      (f) when the person is knowingly under the influence of a 
 57.2   hazardous substance that affects the nervous system, brain, or 
 57.3   muscles of the person so as to substantially impair the person's 
 57.4   ability to drive or operate the motor vehicle; or 
 57.5      (g) when the person's body contains any amount of a 
 57.6   controlled substance listed in schedule I or II other than 
 57.7   marijuana or Tetrahydrocannabinols. 
 57.8      Sec. 2.  [169B.111] [FIRST DEGREE FELONY CRIMINAL VEHICULAR 
 57.9   OPERATION.] 
 57.10     Subdivision 1.  [PENALTY.] A person may be sentenced to 
 57.11  imprisonment for not more than ten years or to payment of a fine 
 57.12  of not more than $20,000, or both, if the person causes the 
 57.13  death of a human being or unborn child, in circumstances not 
 57.14  constituting murder or manslaughter, as a result of operating a 
 57.15  motor vehicle: 
 57.16     (a) in a negligent manner while under the influence of: 
 57.17     (1) alcohol; 
 57.18     (2) a controlled substance; or 
 57.19     (3) any combination of those elements; 
 57.20     (b) while having an alcohol concentration of 0.10 or more; 
 57.21     (c) while having an alcohol concentration of 0.10 or more, 
 57.22  as measured within two hours of the time of driving; 
 57.23     (d) in a negligent manner while knowingly under the 
 57.24  influence of a hazardous substance; or 
 57.25     (e) in a negligent manner while any amount of a controlled 
 57.26  substance listed in schedule I or II, other than marijuana or 
 57.27  Tetrahydrocannabinols, is present in the person's body. 
 57.28     Subd. 2.  [CAUSING DEATH OF UNBORN CHILD.] (a) The 
 57.29  prohibition in subdivision 1 on causing the death of an unborn 
 57.30  child does not apply to the pregnant woman carrying the unborn 
 57.31  child. 
 57.32     (b) A prosecution for or conviction of a crime under 
 57.33  subdivision 1 for causing the death of an unborn child is not a 
 57.34  bar to conviction of or punishment for any other crime committed 
 57.35  by the defendant as part of the same conduct.  
 57.36     Sec. 3.  [169B.112] [SECOND DEGREE FELONY CRIMINAL 
 58.1   VEHICULAR OPERATION.] 
 58.2      Subdivision 1.  [PENALTY.] A person may be sentenced to 
 58.3   imprisonment for not more than five years or to payment of a 
 58.4   fine of not more than $10,000, or both, if the person causes 
 58.5   great bodily harm to another human being or to an unborn child 
 58.6   who is subsequently born alive, in circumstances not 
 58.7   constituting attempted murder or assault, as a result of 
 58.8   operating a motor vehicle: 
 58.9      (a) in a negligent manner while under the influence of: 
 58.10     (1) alcohol; 
 58.11     (2) a controlled substance; or 
 58.12     (3) any combination of those elements; 
 58.13     (b) while having an alcohol concentration of 0.10 or more; 
 58.14     (c) while having an alcohol concentration of 0.10 or more, 
 58.15  as measured within two hours of the time of driving; 
 58.16     (d) in a negligent manner while knowingly under the 
 58.17  influence of a hazardous substance; or 
 58.18     (e) in a negligent manner while any amount of a controlled 
 58.19  substance listed in schedule I or II, other than marijuana or 
 58.20  Tetrahydrocannabinols, is present in the person's body. 
 58.21     Subd. 2.  [CAUSING DEATH OF UNBORN CHILD.] (a) The 
 58.22  prohibition in subdivision 1 on causing the death of an unborn 
 58.23  child does not apply to the pregnant woman carrying the unborn 
 58.24  child.  
 58.25     (b) A prosecution for or conviction of a crime under 
 58.26  subdivision 1 for causing great bodily harm to an unborn child 
 58.27  is not a bar to conviction of or punishment for any other crime 
 58.28  committed by the defendant as part of the same conduct. 
 58.29     Sec. 4.  [169B.113] [THIRD DEGREE FELONY CRIMINAL VEHICULAR 
 58.30  OPERATION.] 
 58.31     A person may be sentenced to imprisonment of not more than 
 58.32  three years or to payment of a fine of not more than $6,000, or 
 58.33  both, if the person causes substantial bodily harm to another 
 58.34  human being, as a result of operating a motor vehicle: 
 58.35     (a) in a negligent manner while under the influence of: 
 58.36     (1) alcohol; 
 59.1      (2) a controlled substance; or 
 59.2      (3) any combination of those elements; 
 59.3      (b) while having an alcohol concentration of 0.10 or more; 
 59.4      (c) while having an alcohol concentration of 0.10 or more, 
 59.5   as measured within two hours of the time of driving; 
 59.6      (d) in a negligent manner while knowingly under the 
 59.7   influence of a hazardous substance; or 
 59.8      (e) in a negligent manner while any amount of a controlled 
 59.9   substance listed in schedule I or II, other than marijuana or 
 59.10  Tetrahydrocannabinols, is present in the person's body.  
 59.11     Sec. 5.  [169B.115] [GROSS MISDEMEANOR DRIVER UNDER 
 59.12  INFLUENCE.] 
 59.13     Subdivision 1.  [PENALTY.] Except as provided in sections 
 59.14  169B.111 to 169B.114, a person who violates section 169B.11 is 
 59.15  guilty of a gross misdemeanor if the violation is committed 
 59.16  under any of the following circumstances:  
 59.17     (a) the person causes bodily harm to another human being, 
 59.18  as a result of operating a motor vehicle: 
 59.19     (1) in a negligent manner while under the influence of: 
 59.20     (i) alcohol; 
 59.21     (ii) a controlled substance; or 
 59.22     (iii) any combination of those elements; 
 59.23     (2) while having an alcohol concentration of 0.10 or more; 
 59.24     (3) while having an alcohol concentration of 0.10 or more, 
 59.25  as measured within two hours of the time of driving; 
 59.26     (4) in a negligent manner while knowingly under the 
 59.27  influence of a hazardous substance; or 
 59.28     (5) in a negligent manner while any amount of a controlled 
 59.29  substance listed in schedule I or II, other than marijuana or 
 59.30  Tetrahydrocannabinols, is present in the person's body; or 
 59.31     (b) the person violates section 169B.11 while a child under 
 59.32  the age of 16 is in the vehicle, if the child is more than 36 
 59.33  months younger than the violator; 
 59.34     (c) the person violates section 169B.11 within five years 
 59.35  after a prior impaired driving conviction; 
 59.36     (d) the person violates section 169B.11 within ten years of 
 60.1   the first after two or more prior impaired driving convictions; 
 60.2   or 
 60.3      (e) the operation of the motor vehicle requires a driver's 
 60.4   license and the person violates section 169B.11 before the 
 60.5   person's driver's license or driver's privilege has been 
 60.6   reinstated following a prior substance-related loss of license. 
 60.7      Subd. 2.  [PROSECUTION.] The attorney in the jurisdiction 
 60.8   in which the violation occurred who is responsible for 
 60.9   prosecution of misdemeanor violations of section 169B.11 shall 
 60.10  also be responsible for prosecution of gross misdemeanor 
 60.11  violations of this section. 
 60.12     Subd. 3.  [CRIMINAL HISTORY INFORMATION.] When an attorney 
 60.13  responsible for prosecuting or defending gross misdemeanors 
 60.14  under this section requests criminal history information 
 60.15  relating to prior impaired driving convictions from a court, the 
 60.16  court must furnish the information without charge. 
 60.17     Sec. 6.  [169B.116] [FIRST DEGREE MISDEMEANOR DRIVER UNDER 
 60.18  INFLUENCE.] 
 60.19     Except as provided in sections 169B.111 to 169B.115, a 
 60.20  person who violates section 169B.11 is guilty of a first degree 
 60.21  misdemeanor if the violation: 
 60.22     (a) causes an accident with another attended vehicle or 
 60.23  with a pedestrian; or 
 60.24     (b) occurs while the person is in violation of section 
 60.25  169D.41 (special stop at railroad crossing).  
 60.26     Sec. 7.  [169B.117] [SECOND DEGREE MISDEMEANOR DRIVER UNDER 
 60.27  INFLUENCE.] 
 60.28     Except as provided in sections 169B.111 to 169B.116, a 
 60.29  person who violates section 169B.11 is guilty of a second degree 
 60.30  misdemeanor. 
 60.31      PEACE OFFICER AND COURT PROCEDURES IN SUBSTANCE-RELATED 
 60.32                              MATTERS 
 60.33     Sec. 8.  [169B.21] [ACTIONS OF PEACE OFFICER REGARDING 
 60.34  DRIVER UNDER INFLUENCE, REFUSAL TO TEST, OR SUBSTANCE-RELATED 
 60.35  COMMERCIAL DRIVING.] 
 60.36     Subdivision 1.  [PRELIMINARY SCREENING TEST.] (a) When a 
 61.1   peace officer has reason to believe from the manner in which a 
 61.2   person is driving, operating, controlling, or acting upon 
 61.3   departure from a motor vehicle, or has driven, operated, or 
 61.4   controlled a motor vehicle, that the driver may be violating or 
 61.5   has violated section 169B.11 (driver under influence) or 169B.51 
 61.6   (substance-related commercial driving), the officer may require 
 61.7   the driver to provide a sample of the driver's breath for a 
 61.8   preliminary screening test using a device approved by the 
 61.9   commissioner for this purpose.  A driver who refuses to submit 
 61.10  to the preliminary screening test is subject to the provisions 
 61.11  of subdivisions 3 to 5. 
 61.12     (b) The results of this preliminary screening test shall be 
 61.13  used for the purpose of deciding whether an arrest should be 
 61.14  made and whether to require the tests authorized in section 
 61.15  169B.21, but shall not be used in any court action except: 
 61.16     (1) to prove that a test was properly required of a person 
 61.17  pursuant to subdivision 3; 
 61.18     (2) in a civil action arising out of the operation or use 
 61.19  of the motor vehicle; 
 61.20     (3) in an action for license reinstatement under section 
 61.21  169J.57; or 
 61.22     (4) in a prosecution or juvenile court proceeding 
 61.23  concerning a violation of section 169B.61 (underage drinking and 
 61.24  driving) or 609L.87 (person under 21 consuming or possessing 
 61.25  alcoholic beverage). 
 61.26     (c) Following the screening test, additional tests may be 
 61.27  required of the driver pursuant to the provisions of 
 61.28  subdivisions 3 to 5. 
 61.29     Subd. 2.  [ARREST.] (a) A peace officer may lawfully arrest 
 61.30  a person for violation of section 169B.11 (driver under 
 61.31  influence) or 169B.51 (substance-related commercial driving) 
 61.32  without a warrant upon probable cause, without regard to whether 
 61.33  the violation was committed in the officer's presence. 
 61.34     (b) When a peace officer has probable cause to believe that 
 61.35  a person is driving or operating a motor vehicle in violation of 
 61.36  section 169B.11 or 169B.51, and before a stop or arrest can be 
 62.1   made the person escapes from the geographical limits of the 
 62.2   officer's jurisdiction, the officer in fresh pursuit of the 
 62.3   person may stop or arrest the person in another jurisdiction 
 62.4   within this state and may exercise the powers and perform the 
 62.5   duties of a peace officer under sections 169B.11, 169B.41 
 62.6   (refusal to test), and 169B.51.  An officer acting in fresh 
 62.7   pursuit pursuant to this subdivision is serving in the regular 
 62.8   line of duty as fully as though within the officer's 
 62.9   jurisdiction. 
 62.10     (c) The express grant of arrest powers in this subdivision 
 62.11  does not limit the arrest powers of peace officers pursuant to 
 62.12  sections 626.65 to 626.70 (fresh pursuit) or section 629.40 
 62.13  (arrest anywhere in state) in cases of arrests for violation of 
 62.14  section 169B.11 or 169B.51 or any other provision of law. 
 62.15     Subd. 3.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 62.16  (a) Any person who drives, operates, or is in physical control 
 62.17  of a motor vehicle within this state or upon the ice of any 
 62.18  boundary water of this state consents, subject to the provisions 
 62.19  of this section, to a chemical test of that person's blood, 
 62.20  breath, or urine for the purpose of determining the presence of 
 62.21  alcohol, controlled substances, or hazardous substances. 
 62.22     (b) The test shall be administered at the direction of a 
 62.23  peace officer.  The officer may require a test when the officer 
 62.24  has probable cause to believe the person was driving, operating, 
 62.25  or in physical control of a motor vehicle in violation of 
 62.26  section 169B.11 and one of the following conditions exist: 
 62.27     (1) the person has been lawfully placed under arrest for 
 62.28  violation of section 169B.11; 
 62.29     (2) the person has been involved in a motor vehicle 
 62.30  accident or collision resulting in property damage, personal 
 62.31  injury, or death; 
 62.32     (3) the person has refused to take the screening test 
 62.33  provided for by subdivision 1; or 
 62.34     (4) the screening test was administered and indicated an 
 62.35  alcohol concentration of 0.10 or more. 
 62.36     (c) The officer may also require a person to submit to a 
 63.1   test when the officer has probable cause to believe the person 
 63.2   was driving, operating, or in physical control of a commercial 
 63.3   motor vehicle with the presence of any alcohol. 
 63.4      (d) At the time a test is requested, the person shall be 
 63.5   informed: 
 63.6      (1) that Minnesota law requires the person to take a test: 
 63.7      (i) to determine if the person is under the influence of 
 63.8   alcohol, controlled substances, or hazardous substances; 
 63.9      (ii) to determine the presence of a controlled substance 
 63.10  listed in schedule I or II, other than marijuana or 
 63.11  Tetrahydrocannabinols; and 
 63.12     (iii) if the motor vehicle was a commercial motor vehicle, 
 63.13  to determine the presence of alcohol; 
 63.14     (2) that refusal to take a test is a crime; 
 63.15     (3) if the peace officer has probable cause to believe the 
 63.16  person has violated the criminal vehicular homicide and injury 
 63.17  laws, that a test will be taken with or without the person's 
 63.18  consent; and 
 63.19     (4) that the person has the right to consult with an 
 63.20  attorney, but that this right is limited to the extent that it 
 63.21  cannot unreasonably delay administration of the test. 
 63.22     (e) The peace officer who requires a test pursuant to this 
 63.23  subdivision may direct whether the test shall be of blood, 
 63.24  breath, or urine.  Action may be taken against a person who 
 63.25  refuses to take a blood test only if an alternative test was 
 63.26  offered and action may be taken against a person who refuses to 
 63.27  take a urine test only if an alternative test was offered. 
 63.28     Subd. 4.  [REQUIREMENT OF URINE OR BLOOD TEST.] (a) 
 63.29  Notwithstanding subdivision 3, a blood or urine test may be 
 63.30  required even after a breath test has been administered if there 
 63.31  is probable cause to believe that: 
 63.32     (1) there is impairment by a controlled substance or 
 63.33  hazardous substance that is not subject to testing by a breath 
 63.34  test; or 
 63.35     (2) a controlled substance listed in schedule I or II, 
 63.36  other than marijuana or Tetrahydrocannabinols, is present in the 
 64.1   person's body. 
 64.2      (b) Action may be taken against a person who refuses to 
 64.3   take a blood test under this subdivision only if a urine test 
 64.4   was offered and action may be taken against a person who refuses 
 64.5   to take a urine test only if a blood test was offered. 
 64.6      Subd. 5.  [BREATH TEST USING AN INFRARED BREATH-TESTING 
 64.7   INSTRUMENT.] (a) In the case of a breath test administered using 
 64.8   an infrared breath-testing instrument, the test shall consist of 
 64.9   analyses in the following sequence: one adequate breath sample 
 64.10  analysis, one calibration standard analysis, and a second, 
 64.11  adequate breath sample analysis. 
 64.12     (b) In the case of a test administered using an infrared 
 64.13  breath-testing instrument, a sample is adequate if the 
 64.14  instrument analyzes the sample and does not indicate the sample 
 64.15  is deficient. 
 64.16     (c) For purposes of this section when a test is 
 64.17  administered using an infrared breath-testing instrument, 
 64.18  failure of a person to provide two separate, adequate breath 
 64.19  samples in the proper sequence constitutes a refusal. 
 64.20     Subd. 6.  [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 
 64.21  WITHDRAWN.] A person who is unconscious or who is otherwise in a 
 64.22  condition rendering the person incapable of refusal is deemed 
 64.23  not to have withdrawn the consent provided by subdivision 3 and 
 64.24  the test may be given. 
 64.25     Subd. 7.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 64.26  Only a physician, medical technician, physician's trained mobile 
 64.27  intensive care paramedic, registered nurse, medical technologist 
 64.28  or laboratory assistant acting at the request of a peace officer 
 64.29  may withdraw blood for the purpose of determining the presence 
 64.30  of alcohol, controlled substances, or hazardous substances.  
 64.31  This limitation does not apply to the taking of a breath or 
 64.32  urine sample.  The person tested has the right to have someone 
 64.33  of the person's own choosing administer a chemical test or tests 
 64.34  in addition to any administered at the direction of a peace 
 64.35  officer; provided, that the additional test sample on behalf of 
 64.36  the person is obtained at the place where the person is in 
 65.1   custody, after the test administered at the direction of a peace 
 65.2   officer, and at no expense to the state. 
 65.3      (b) The failure or inability to obtain an additional test 
 65.4   or tests by a person shall not preclude the admission in 
 65.5   evidence of the test taken at the direction of a peace officer 
 65.6   unless the additional test was prevented or denied by the peace 
 65.7   officer. 
 65.8      (c) The physician, medical technician, physician's trained 
 65.9   mobile intensive care paramedic, medical technologist, 
 65.10  laboratory assistant or registered nurse drawing blood at the 
 65.11  request of a peace officer for the purpose of determining the 
 65.12  concentration of alcohol, controlled substances, or hazardous 
 65.13  substances shall in no manner be liable in any civil or criminal 
 65.14  action except for negligence in drawing the blood.  The person 
 65.15  administering a breath test shall be fully trained in the 
 65.16  administration of breath tests pursuant to training given by the 
 65.17  commissioner. 
 65.18     Subd. 8.  [REPORT OF TEST RESULT TO COMMISSIONER.] When the 
 65.19  evidentiary test shows an alcohol concentration of 0.07 or more, 
 65.20  the officer shall report that result to the commissioner. 
 65.21     Subd. 9.  [REFUSAL TO TEST; REPORT TO COMMISSIONER AND 
 65.22  PROSECUTOR.] If a person refuses to permit a test, none shall be 
 65.23  given, but the peace officer shall report the refusal to the 
 65.24  commissioner and the authority having responsibility for 
 65.25  prosecution of misdemeanor offenses for the jurisdiction in 
 65.26  which the acts occurred.  However, if a peace officer has 
 65.27  probable cause to believe that the person caused death or bodily 
 65.28  harm by violating section 169B.11, the officer may require and 
 65.29  obtain a test despite the person's refusal. 
 65.30     Subd. 10.  [REFUSAL; FORCE OR THREAT OF FORCE OF VIOLENCE.] 
 65.31  A refusal to submit to an alcohol concentration test does not 
 65.32  constitute a violation of section 609K.75 (obstructing legal 
 65.33  process), unless the refusal was accompanied by force or 
 65.34  violence or the threat of force or violence. 
 65.35     Subd. 11.  [REFUSAL; COMMERCIAL MOTOR VEHICLE.] If a person 
 65.36  submits to a test and the test results indicate an alcohol 
 66.1   concentration of 0.10 or more or the presence of a controlled 
 66.2   substance listed in schedule I or II, other than marijuana or 
 66.3   Tetrahydrocannabinols, or if a person was driving, operating, or 
 66.4   in physical control of a commercial motor vehicle and the test 
 66.5   results indicate an alcohol concentration of 0.04 or more, the 
 66.6   officer shall report the results of the test to the commissioner 
 66.7   and to the authority having responsibility for prosecution of 
 66.8   misdemeanor offenses for the jurisdiction in which the acts 
 66.9   occurred. 
 66.10     Subd. 12.  [PEACE OFFICER AGENT FOR NOTICE OF REVOCATION 
 66.11  AND DISQUALIFICATION.] (a) On behalf of the commissioner, a 
 66.12  peace officer requiring a test or directing the administration 
 66.13  of a chemical test shall serve immediate notice of intention to 
 66.14  revoke and of revocation on a person who refuses to permit a 
 66.15  test, or on a person who submits to a test the results of which 
 66.16  indicate an alcohol concentration of 0.10 or more. 
 66.17     (b) On behalf of the commissioner, a peace officer 
 66.18  requiring a test or directing the administration of a chemical 
 66.19  test of a person driving, operating, or in physical control of a 
 66.20  commercial motor vehicle shall serve immediate notice of 
 66.21  intention to disqualify and of disqualification on a person who 
 66.22  refuses to permit a test, or on a person who submits to a test 
 66.23  the results of which indicate an alcohol concentration of 0.04 
 66.24  or more. 
 66.25     (c) The officer shall either: 
 66.26     (1) take the driver's license or permit, if any, send it to 
 66.27  the commissioner along with the report required by subdivision 9 
 66.28  or 11, and issue a temporary license effective only for seven 
 66.29  days; or 
 66.30     (2) invalidate the driver's license or permit in such a way 
 66.31  that no identifying information is destroyed. 
 66.32     Subd. 13.  [IMMUNITY FROM LIABILITY.] The state or 
 66.33  political subdivision by which a peace officer making an arrest 
 66.34  for violation of section 169B.11 (driver under influence), 
 66.35  169B.41 (refusal to test), or 169B.51 (substance-related 
 66.36  commercial driving) is employed shall have immunity from any 
 67.1   liability, civil or criminal, for the care or custody of the 
 67.2   motor vehicle being driven by, operated by, or in the physical 
 67.3   control of the person arrested if the peace officer acts in good 
 67.4   faith and exercises due care. 
 67.5      Sec. 9.  [169B.23] [RELEASE OF DRIVER UNDER INFLUENCE 
 67.6   DEFENDANT.] 
 67.7      Unless maximum bail is imposed under section 629.471, 
 67.8   subdivision 2, a person charged with a violation of section 
 67.9   169B.11 (driver under influence) committed within ten years 
 67.10  after the first of three prior impaired driving convictions or 
 67.11  within the person's lifetime after four or more prior impaired 
 67.12  driving convictions may be released from detention only if the 
 67.13  following conditions are imposed in addition to the other 
 67.14  conditions of release ordered by the court: 
 67.15     (a) the impoundment of the registration plates of the 
 67.16  vehicle used to commit the violation, unless already impounded; 
 67.17     (b) a requirement that the alleged violator report weekly 
 67.18  to a probation agent; 
 67.19     (c) a requirement that the alleged violator abstain from 
 67.20  consumption of alcohol and controlled substances and submit to 
 67.21  random, weekly alcohol tests or urine analyses; and 
 67.22     (d) a requirement that, if convicted, the alleged violator 
 67.23  reimburse the court or county for the total cost of these 
 67.24  services. 
 67.25     Sec. 10.  [169B.25] [EVIDENCE IN DRIVER UNDER INFLUENCE OR 
 67.26  SUBSTANCE-RELATED COMMERCIAL DRIVING PROSECUTION.] 
 67.27     Subdivision 1.  [CHEMICAL TESTS.] (a) Upon the trial of any 
 67.28  prosecution arising out of acts alleged to have been committed 
 67.29  by any person arrested for driving, operating, or being in 
 67.30  physical control of a motor vehicle in violation of section 
 67.31  169B.11 (driver under influence), the court may admit evidence 
 67.32  of the presence or amount of alcohol, controlled substances, or 
 67.33  hazardous substances in the person's blood, breath, or urine as 
 67.34  shown by an analysis of those items. 
 67.35     (b) Upon the trial of any prosecution arising out of acts 
 67.36  alleged to have been committed by any person arrested for 
 68.1   violating section 169B.51 (substance-related commercial 
 68.2   driving), the court may admit evidence of the amount of alcohol 
 68.3   in the person's blood, breath, or urine as shown by an analysis 
 68.4   of those items. 
 68.5      Subd. 2.  [ALCOHOL CONCENTRATION OF 0.04.] For the purposes 
 68.6   of section 169B.11 (driver under influence), evidence that there 
 68.7   was at the time an alcohol concentration of 0.04 or more is 
 68.8   relevant evidence in indicating whether or not the person was 
 68.9   under the influence of alcohol. 
 68.10     Subd. 3.  [EVIDENCE OF REFUSAL.] Evidence of the refusal to 
 68.11  take a test is admissible into evidence in a prosecution under 
 68.12  section 169B.11 (driver under influence). 
 68.13     Subd. 4.  [AFFIRMATIVE DEFENSE TO UNLAWFUL ALCOHOL 
 68.14  CONCENTRATION WITHIN TWO HOURS OF DRIVING.] (a) If proven by a 
 68.15  preponderance of the evidence, it is an affirmative defense to a 
 68.16  violation of section 169B.11, paragraph (e) (alcohol 
 68.17  concentration 0.10 within two hours of driving), or 169B.51, 
 68.18  paragraph (b) (alcohol concentration 0.04 within two hours of 
 68.19  commercial driving), that the defendant consumed a sufficient 
 68.20  quantity of alcohol after the time of driving, operating, or 
 68.21  physical control of the motor vehicle and before the 
 68.22  administration of the evidentiary test to cause the defendant's 
 68.23  alcohol concentration to exceed the amount specified in section 
 68.24  169B.11, paragraph (e), or 169B.51, paragraph (b).  
 68.25     (b) Evidence that the defendant consumed alcohol after the 
 68.26  time of driving, operating, or being in physical control of a 
 68.27  motor vehicle may not be admitted in defense to any alleged 
 68.28  violation of section 169B.11, paragraph (e), or 169B.51, 
 68.29  paragraph (b), unless notice is given to the prosecution prior 
 68.30  to the omnibus or pretrial hearing in the matter. 
 68.31     Subd. 5.  [AFFIRMATIVE DEFENSE TO CONTROLLED SUBSTANCE 
 68.32  DRIVING.] If proven by a preponderance of the evidence, it shall 
 68.33  be an affirmative defense to a violation of section 169B.11, 
 68.34  paragraph (g) (controlled substance driving), that the defendant 
 68.35  used the controlled substance according to the terms of a 
 68.36  prescription issued for the defendant in accordance with 
 69.1   sections 609F.71 and 609F.73. 
 69.2      Subd. 6.  [OTHER EVIDENCE.] Subdivisions 1 to 5 do not 
 69.3   limit the introduction of any other competent evidence bearing 
 69.4   upon the question of whether the person violated section 
 69.5   169B.11, including tests obtained more than two hours after the 
 69.6   alleged violation and results obtained from partial tests on an 
 69.7   infrared breath-testing instrument.  A result from a partial 
 69.8   test is the measurement obtained by analyzing one adequate 
 69.9   breath sample, as defined in section 169B.21, subdivision 5, 
 69.10  paragraph (b). 
 69.11     Sec. 11.  [169B.27] [MINIMUM PENALTIES AND SENTENCING IN 
 69.12  DRIVER UNDER INFLUENCE OR REFUSAL TO TEST PROSECUTION.] 
 69.13     Subdivision 1.  [SECOND VIOLATION IN FIVE YEARS OR THIRD IN 
 69.14  TEN.] Except as otherwise provided in subdivision 5, a person 
 69.15  must be sentenced to a minimum of 30 days incarceration, at 
 69.16  least 48 hours of which must be served consecutively, or to 
 69.17  eight hours of community work service for each day less than 30 
 69.18  days that the person is ordered incarcerated if the person is 
 69.19  convicted of a gross misdemeanor under section 169B.115 (driver 
 69.20  under influence) or 169B.413 (refusal to test) committed: 
 69.21     (a) within five years after a conviction under section 
 69.22  169B.11 (driver under influence) or 169B.41 (refusal to test) or 
 69.23  a statute from another state in conformity with either of them; 
 69.24  or 
 69.25     (b) within ten years after the first of two or more 
 69.26  convictions under either of the provisions specified in 
 69.27  paragraph (a). 
 69.28     Subd. 2.  [VIOLATION WITHIN FIVE YEARS AFTER TWO PREVIOUS 
 69.29  VIOLATIONS OR REVOCATIONS.] A person must be sentenced to a 
 69.30  minimum of 30 days incarceration, at least 48 hours of which 
 69.31  must be served consecutively, and the sentence may not be waived 
 69.32  under subdivision 5, paragraph (a) or (b), if the person is 
 69.33  convicted of a violation of section 169B.11 (driver under 
 69.34  influence) or 169B.41 (refusal to test) committed within five 
 69.35  years after: 
 69.36     (a) the first of two or more convictions under section 
 70.1   169B.11 or 169B.41; or 
 70.2      (b) the first of two or more prior substance-related losses 
 70.3   of license. 
 70.4      Subd. 3.  [EXECUTION OF SENTENCE.] Notwithstanding section 
 70.5   609A.65 (stay of imposition or execution of sentence), a 
 70.6   sentence under subdivision 2 must be executed, unless the court 
 70.7   departs from the mandatory minimum sentence under subdivision 5, 
 70.8   paragraph (a) or (b). 
 70.9      Subd. 4.  [VIOLATION WITHIN TEN YEARS AFTER FIVE 
 70.10  REVOCATIONS OR CONVICTIONS OR WITHIN 15 YEARS AFTER SEVEN 
 70.11  REVOCATIONS OR CONVICTIONS.] A person must be sentenced to the 
 70.12  statutory maximum incarceration, at least 48 hours of which must 
 70.13  be served consecutively, or intensive probation using an 
 70.14  electronic alcohol-monitoring system, or a combination thereof, 
 70.15  if the person is convicted of a violation of section 169B.11 
 70.16  (driver under influence) or 169B.41 (refusal to test) committed: 
 70.17     (a) within ten years after the first of five prior 
 70.18  substance-related losses of license; 
 70.19     (b) within 15 years after the first of seven prior 
 70.20  substance-related losses of license; 
 70.21     (c) within ten years after the first of five prior 
 70.22  convictions under section 169B.11 or 169B.41; or 
 70.23     (d) within 15 years after the first of seven prior 
 70.24  convictions under section 169B.11 or 169B.41. 
 70.25     Subd. 5.  [SENTENCING WITHOUT REGARD TO MANDATORY MINIMUM.] 
 70.26  (a) Prior to sentencing, the prosecutor may file a motion to 
 70.27  have the defendant sentenced without regard to the mandatory 
 70.28  minimum sentence established by this section.  The motion must 
 70.29  be accompanied by a statement on the record of the reasons 
 70.30  justifying the departure.  When presented with the prosecutor's 
 70.31  motion, if the court finds that substantial mitigating factors 
 70.32  exist, the court shall sentence the defendant without regard to 
 70.33  the mandatory minimum sentence established by this section. 
 70.34     (b) The court may, on its own motion, sentence the 
 70.35  defendant without regard to the mandatory minimum sentence 
 70.36  established by this section if it finds that substantial 
 71.1   mitigating factors exist and if the sentencing departure is 
 71.2   accompanied by a statement on the record of the reasons 
 71.3   justifying the departure. 
 71.4      (c) The court may sentence the defendant without regard to 
 71.5   the mandatory minimum sentence established by this section if 
 71.6   the defendant is sentenced to probation and ordered to 
 71.7   participate in a program established under section 169B.91 
 71.8   (intensive probation). 
 71.9      (d) When any portion of the sentence required by this 
 71.10  section is not executed, the court should impose a sentence that 
 71.11  is proportional to the extent of the offender's prior criminal 
 71.12  and moving traffic violation record.  Any sentence required 
 71.13  under this section must include a mandatory sentence that is not 
 71.14  subject to suspension or a stay of imposition or execution, and 
 71.15  that includes incarceration for not less than 48 consecutive 
 71.16  hours or at least 80 hours of community work service. 
 71.17     Subd. 6.  [CONSECUTIVE SENTENCES REQUIRED.] The court must 
 71.18  impose consecutive sentences when it sentences a person for 
 71.19  violations of section 169B.11 (driver under influence) or 
 71.20  169B.41 (refusal to test) arising out of separate behavioral 
 71.21  incidents.  The court also must impose a consecutive sentence 
 71.22  when it sentences a person for a violation of section 169B.11 or 
 71.23  169B.41 and the person, at the time of sentencing, is on 
 71.24  probation for, or serving, an executed sentence for a violation 
 71.25  of section 169B.11 or 169B.41 and the prior sentence involved a 
 71.26  separate behavioral incident. 
 71.27     Subd. 7.  [CONSECUTIVE SENTENCES PERMITTED.] The court may 
 71.28  order that the sentence imposed for a violation of section 
 71.29  169B.11 or 169B.41 shall run consecutively to a previously 
 71.30  imposed misdemeanor, gross misdemeanor, or felony sentence for a 
 71.31  violation other than section 169B.11 or 169B.41.  The court may 
 71.32  impose consecutive sentences for offenses arising out of a 
 71.33  single course of conduct to the extent permitted by section 
 71.34  169A.25. 
 71.35     Subd. 8.  [HABITUAL OFFENDERS; CHEMICAL USE 
 71.36  ASSESSMENT.] The court must order a person to submit to the 
 72.1   level of care recommended in the chemical use assessment 
 72.2   required under section 169B.81 (chemical use assessments) if: 
 72.3      (a) the person has been convicted under section 169B.11 
 72.4   (driver under influence) or 169B.41 (refusal to test), or a 
 72.5   statute from another state in conformity with any of them, and 
 72.6      (b) the person is then convicted of violating section 
 72.7   169B.11 or 169B.41: 
 72.8      (1) once within five years after the first conviction, or 
 72.9      (2) two or more times within ten years after the first 
 72.10  conviction. 
 72.11     Subd. 9.  [NOTICE OF ENHANCED PENALTIES.] When a court 
 72.12  sentences a person for a violation of section 169B.11 (driver 
 72.13  under influence) or 169B.41 (refusal to test), it shall inform 
 72.14  the defendant of the statutory provisions that provide for 
 72.15  enhancement of criminal penalties for repeat violators.  The 
 72.16  failure of a court to provide this information to a defendant 
 72.17  does not affect the future applicability of these enhanced 
 72.18  penalties to that defendant. 
 72.19     Subd. 10.  [STAY OF IMPOSITION OR EXECUTION OF SENTENCE.] 
 72.20  Except as otherwise provided in subdivision 2, when a court 
 72.21  sentences a person convicted of a misdemeanor or gross 
 72.22  misdemeanor violation of section 169B.11 (driver under influence)
 72.23  or 169B.41 (refusal to test), the court may stay imposition or 
 72.24  execution of any penalty authorized by sections 169B.115 to 
 72.25  169B.117 or 169B.27, subdivision 1, except the revocation of the 
 72.26  driver's license, on the condition that the convicted person 
 72.27  submit to the level of care recommended in the chemical use 
 72.28  assessment report required under section 169B.81.  If the court 
 72.29  does not order a level of care in accordance with the assessment 
 72.30  report recommendation as a condition of a stay of imposition or 
 72.31  execution, it shall state on the record its reasons for not 
 72.32  following the assessment report recommendation.  A stay of 
 72.33  imposition or execution shall be in the manner provided in 
 72.34  section 609A.65 (stay of imposition or execution of sentence).  
 72.35  The court shall report to the commissioner any stay of 
 72.36  imposition or execution of sentence granted under the provisions 
 73.1   of this section. 
 73.2      Subd. 11.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
 73.3   SURCHARGE.] (a) When a court sentences a person convicted of an 
 73.4   offense enumerated in section 169B.81, subdivision 1 (chemical 
 73.5   use assessment), it shall impose a chemical dependency 
 73.6   assessment charge of $125.  A person shall pay an additional 
 73.7   surcharge of $5 if the person is convicted of: 
 73.8      (1) a violation of section 169B.115, subdivision 1, 
 73.9   paragraph (e) (driver under influence during substance-related 
 73.10  loss of license), or 
 73.11     (2) a violation of section 169B.11 (driver under influence) 
 73.12  or 169B.41 (refusal to test) committed within five years after: 
 73.13     (i) a prior impaired driving conviction; or 
 73.14     (ii) a prior conviction for an offense arising out of an 
 73.15  arrest for a violation of section 169B.11 or 169B.41. 
 73.16     (b) This subdivision applies when the sentence is executed, 
 73.17  stayed, or suspended.  The court may not waive payment or 
 73.18  authorize payment of the assessment charge and surcharge in 
 73.19  installments unless it makes written findings on the record that 
 73.20  the convicted person is indigent or that the assessment charge 
 73.21  and surcharge would create undue hardship for the convicted 
 73.22  person or that person's immediate family. 
 73.23     (c) The county shall collect and forward to the 
 73.24  commissioner of finance $25 of the chemical dependency 
 73.25  assessment charge and the $5 surcharge, if applicable, within 60 
 73.26  days after sentencing or explain to the commissioner in writing 
 73.27  why the money was not forwarded within this time period.  The 
 73.28  commissioner shall credit the money to the general fund.  The 
 73.29  county shall collect and keep $100 of the chemical dependency 
 73.30  assessment charge. 
 73.31     (d) The chemical dependency assessment charge and surcharge 
 73.32  required under this section are in addition to the surcharge 
 73.33  required by section 609A.47. 
 73.34     Subd. 12.  [LICENSE REVOCATION; COURT PROCEDURES.] (a) On 
 73.35  behalf of the commissioner a court shall serve notice of 
 73.36  revocation on a person convicted of a violation of section 
 74.1   169B.11 (driver under influence) or 169B.41 (refusal to test) 
 74.2   unless the commissioner has already revoked the person's driving 
 74.3   privileges or served the person with a notice of revocation 
 74.4   under section 169B.35 arising out of the same incident. 
 74.5      (b) The court shall invalidate the driver's license or 
 74.6   permit in such a way that no identifying information is 
 74.7   destroyed. 
 74.8      Sec. 12.  [169B.29] [MISCELLANEOUS DRIVER UNDER INFLUENCE 
 74.9   AND REFUSAL TO TEST PROVISIONS.] 
 74.10     Subdivision 1.  [RESEARCH PROGRAMS.] No person is guilty of 
 74.11  a violation of section 169B.11 (driver under influence) or 
 74.12  169B.41 (refusal to test) committed while participating in a 
 74.13  research or demonstration project conducted by the Minnesota 
 74.14  highway safety center.  This subdivision applies only to conduct 
 74.15  occurring while operating a state-owned vehicle under the 
 74.16  supervision of personnel of the center on the grounds of the 
 74.17  center. 
 74.18     Subd. 2.  [CIVIL ACTION; PUNITIVE DAMAGES.] (a) In a civil 
 74.19  action involving a motor vehicle accident, the trier of fact may 
 74.20  consider an award of punitive damages if the evidence 
 74.21  establishes that the accident was caused by a driver: 
 74.22     (1) with an alcohol concentration of 0.10 or more; 
 74.23     (2) who was under the influence of a controlled substance; 
 74.24     (3) who was under the influence of alcohol and refused to 
 74.25  take a test required under section 169B.21, subdivision 3; or 
 74.26     (4) who was knowingly under the influence of a hazardous 
 74.27  substance that substantially affects the person's nervous 
 74.28  system, brain, or muscles so as to impair the person's ability 
 74.29  to drive or operate a motor vehicle. 
 74.30     (b) A criminal charge or conviction is not a prerequisite 
 74.31  to consideration of punitive damages under this subdivision.  At 
 74.32  the trial in an action where the trier of fact will consider an 
 74.33  award of punitive damages, evidence that the driver has been 
 74.34  convicted of violating section 169B.11 (driver under influence) 
 74.35  or 169B.41 (refusal to test) is admissible into evidence. 
 74.36       ADMINISTRATIVE PROCEDURES IN SUBSTANCE-RELATED MATTERS 
 75.1      Sec. 13.  [169B.31] [REVOCATION UPON DRIVER UNDER INFLUENCE 
 75.2   OR REFUSAL TO TEST CONVICTION.] 
 75.3      Subdivision. 1.  [GENERALLY.] The commissioner shall revoke 
 75.4   the driver's license of a person convicted of violating section 
 75.5   169B.11 (driver under influence) or 169B.41 (refusal to test) as 
 75.6   follows: 
 75.7      (a) for an offense under section 169B.11: not less than 30 
 75.8   days; 
 75.9      (b) for an offense under section 169B.41: not less than 90 
 75.10  days; 
 75.11     (c) for an offense occurring within five years after a 
 75.12  prior impaired driving conviction or a prior license revocation, 
 75.13  or any time after two or more prior impaired driving convictions 
 75.14  or prior license revocations: 
 75.15     (1) if the current conviction is for a violation of section 
 75.16  169B.11, not less than 180 days and until the court has 
 75.17  certified that treatment or rehabilitation has been successfully 
 75.18  completed where prescribed in accordance with section 169B.81 
 75.19  (chemical use assessment); or 
 75.20     (2) if the current conviction is for a violation of section 
 75.21  169B.41, not less than one year and until the court has 
 75.22  certified that treatment or rehabilitation has been successfully 
 75.23  completed where prescribed in accordance with section 169B.81; 
 75.24     (d) for an offense occurring within five years after the 
 75.25  first of two prior impaired driving convictions or prior license 
 75.26  revocations:  not less than one year, together with denial under 
 75.27  section 169J.05, subdivision 1, paragraph (j) (ineligibility for 
 75.28  driver's license), until rehabilitation is established in 
 75.29  accordance with standards established by the commissioner; 
 75.30     (e) for an offense occurring any time after three or more 
 75.31  prior impaired driving convictions or prior license revocations: 
 75.32  not less than two years, together with denial under section 
 75.33  169J.05, subdivision 1, paragraph (j), until rehabilitation is 
 75.34  established in accordance with standards established by the 
 75.35  commissioner. 
 75.36     Subd. 2.  [OFFENDER UNDER AGE 21.] If the person convicted 
 76.1   of violating section 169B.11 or 169B.41 is under the age of 21 
 76.2   years, the commissioner shall revoke the offender's driver's 
 76.3   license or operating privileges for a period of six months or 
 76.4   for the appropriate period of time under subdivision 1 for the 
 76.5   offense committed, whichever is the greatest period. 
 76.6      Subd. 3.  [JUVENILE ADJUDICATION.] For purposes of this 
 76.7   section, a juvenile adjudication under section 169B.11 or 
 76.8   169B.41, or a statute from another state in conformity with 
 76.9   either of them is an offense. 
 76.10     Subd. 4.  [PERSONAL INJURY OR DEATH.] Whenever department 
 76.11  records show that the violation involved personal injury or 
 76.12  death to any person, not less than 90 additional days shall be 
 76.13  added to the base periods provided in subdivisions 1 to 3. 
 76.14     Subd. 5.  [PERSON WITHOUT PRIOR CONVICTION OR REVOCATION.] 
 76.15  Except for a person whose license has been revoked under 
 76.16  subdivision 2, and except for a person who commits a violation 
 76.17  described in section 169B.115, subdivision 1, paragraph (c) 
 76.18  (child endangerment), any person whose license has been revoked 
 76.19  pursuant to section 169B.35 as the result of the same incident, 
 76.20  and who does not have a prior impaired driving conviction or 
 76.21  prior substance-related loss of license within the previous ten 
 76.22  years, is subject to the mandatory revocation provisions of 
 76.23  subdivision 1, paragraph (a) or (b), in lieu of the mandatory 
 76.24  revocation provisions of section 169B.35. 
 76.25     Sec. 14.  [169B.33] [SECOND REPORT OF 0.07 CONCENTRATION; 
 76.26  CHEMICAL USE ASSESSMENT.] 
 76.27     When the commissioner receives a report that an evidentiary 
 76.28  test shows an alcohol concentration of 0.07 or more, the 
 76.29  commissioner shall record that fact on the driver's record.  
 76.30  When the driver's record shows a second or subsequent report of 
 76.31  an alcohol concentration of 0.07 or more within two years after 
 76.32  a recorded report, the commissioner may require that the driver 
 76.33  have a chemical use assessment meeting the commissioner's 
 76.34  requirements.  The assessment shall be at the driver's expense.  
 76.35  In no event shall the commissioner deny the license of a person 
 76.36  who refuses to take the assessment or to undertake treatment, if 
 77.1   treatment is indicated by the assessment, for longer than 90 
 77.2   days.  If an assessment is made pursuant to this section, the 
 77.3   commissioner may waive the assessment required by section 
 77.4   169B.81. 
 77.5      Sec. 15.  [169B.35] [REVOCATION UPON REPORT OF REFUSAL TO 
 77.6   TEST, 0.10 CONCENTRATION, OR COMMERCIAL DRIVER 0.04 
 77.7   CONCENTRATION.] 
 77.8      Subdivision 1.  [REFUSAL; REVOCATION OF LICENSE.] Upon 
 77.9   report by a peace officer that there existed probable cause to 
 77.10  believe that a person had been driving, operating, or in 
 77.11  physical control of a motor vehicle in violation of section 
 77.12  169.121 and that the person refused to submit to a test, the 
 77.13  commissioner shall revoke the person's license or permit to 
 77.14  drive, or nonresident operating privilege, for a period of one 
 77.15  year even if a test was obtained pursuant to section 169B.21 
 77.16  after the person refused to submit to testing. 
 77.17     Subd. 2.  [COMMERCIAL DRIVER REFUSAL; DISQUALIFICATION.] 
 77.18  Upon report by a peace officer that there existed probable cause 
 77.19  to believe that a person had been driving, operating, or in 
 77.20  physical control of a commercial motor vehicle with the presence 
 77.21  of any alcohol in violation of section 169B.11 (driver under 
 77.22  influence) or 169B.51 (substance-related commercial driving), 
 77.23  and that the person refused to submit to a test, the 
 77.24  commissioner shall disqualify the person from operating a 
 77.25  commercial motor vehicle for a period of one year under section 
 77.26  169J.37 and shall revoke the person's license or permit to drive 
 77.27  or nonresident operating privilege for a period of one year. 
 77.28     Subd. 3.  [0.10 CONCENTRATION; REVOCATION OF LICENSE.] Upon 
 77.29  report by a peace officer that there existed probable cause to 
 77.30  believe that a person had been driving, operating, or in 
 77.31  physical control of a motor vehicle in violation of section 
 77.32  169.121 and that the person submitted to a test and the test 
 77.33  results indicate an alcohol concentration of 0.10 or more or the 
 77.34  presence of a controlled substance listed in schedule I or II, 
 77.35  other than marijuana or Tetrahydrocannabinols, the commissioner 
 77.36  shall revoke the person's license or permit to drive, or 
 78.1   nonresident operating privilege: 
 78.2      (a) for a period of 90 days; 
 78.3      (b) if the person is under the age of 21 years, for a 
 78.4   period of six months; or 
 78.5      (c) for a person with a prior impaired driving conviction 
 78.6   or prior license revocation within the past five years, for a 
 78.7   period of 180 days. 
 78.8      Subd. 4.  [COMMERCIAL DRIVER 0.04 CONCENTRATION; 
 78.9   DISQUALIFICATION.] On report by a peace officer that there 
 78.10  existed probable cause to believe that a person had been 
 78.11  driving, operating, or in physical control of a commercial motor 
 78.12  vehicle with any presence of alcohol and that the person 
 78.13  submitted to a test and the test results indicated an alcohol 
 78.14  concentration of 0.04 or more, the commissioner shall disqualify 
 78.15  the person from operating a commercial motor vehicle under 
 78.16  section 169J.37. 
 78.17     Subd. 5.  [RESIDENT WITHOUT A LICENSE.] If the person 
 78.18  covered by subdivision 1 to 4 is a resident without a license or 
 78.19  permit to operate a motor vehicle in this state, the 
 78.20  commissioner shall deny to the person the issuance of a license 
 78.21  or permit for the same period after the date of the alleged 
 78.22  violation as provided herein for revocation, subject to review 
 78.23  as hereinafter provided. 
 78.24     Subd. 6.  [NOTICE OF REVOCATION, DISQUALIFICATION, OR 
 78.25  DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 
 78.26  this section or a disqualification under section 169J.37 becomes 
 78.27  effective at the time the commissioner or a peace officer acting 
 78.28  on behalf of the commissioner notifies the person of the 
 78.29  intention to revoke, disqualify, or both, and of revocation or 
 78.30  disqualification.  The notice shall advise the person of the 
 78.31  right to obtain administrative review as provided in subdivision 
 78.32  9 and judicial review as provided in section 169B.37.  If 
 78.33  mailed, the notice and order of revocation or disqualification 
 78.34  is deemed received three days after mailing to the last known 
 78.35  address of the person. 
 78.36     Subd. 7.  [NOTICE OF ACTION TO OTHER STATES.] When a 
 79.1   nonresident's privilege to operate a motor vehicle in this state 
 79.2   has been revoked or denied, the commissioner shall give 
 79.3   information in writing of the action taken to the official in 
 79.4   charge of traffic control or public safety of the state of the 
 79.5   person's residence and of any state in which the person has a 
 79.6   license. 
 79.7      Subd. 8.  [TERMINATION OF REVOCATION PERIOD.] If the 
 79.8   commissioner receives notice of the driver's attendance at a 
 79.9   driver improvement clinic, attendance at counseling sessions, or 
 79.10  participation in treatment for an alcohol problem, the 
 79.11  commissioner may, 30 days prior to the time the revocation 
 79.12  period would otherwise expire, terminate the revocation period.  
 79.13  The commissioner shall not terminate the revocation period under 
 79.14  this subdivision for a driver who has had a license revoked 
 79.15  under section 169B.31 or this section for another incident 
 79.16  during the preceding three-year period. 
 79.17     Subd. 9.  [ADMINISTRATIVE REVIEW.] (a) At any time during a 
 79.18  period of revocation imposed under this section or a period of 
 79.19  disqualification imposed under section 169J.37, a person may 
 79.20  request in writing a review of the order of revocation or 
 79.21  disqualification by the commissioner, unless the person is 
 79.22  entitled to review under section 169J.38.  Upon receiving a 
 79.23  request, the commissioner or the commissioner's designee shall 
 79.24  review the order, the evidence upon which the order was based, 
 79.25  and any other material information brought to the attention of 
 79.26  the commissioner, and determine whether sufficient cause exists 
 79.27  to sustain the order.  Within 15 days after receiving the 
 79.28  request, the commissioner shall report in writing the results of 
 79.29  the review.  The review provided in this subdivision is not 
 79.30  subject to the contested case provisions of the administrative 
 79.31  procedure act in sections 14.001 to 14.69. 
 79.32     (b) The availability of administrative review for an order 
 79.33  of revocation or disqualification has no effect upon the 
 79.34  availability of judicial review under section 169B.37. 
 79.35     (c) Review under this subdivision shall take place, if 
 79.36  possible, at the same time as any administrative review of the 
 80.1   person's impoundment order under section 169N.23, subdivision 9. 
 80.2      Sec. 16.  [169B.37] [JUDICIAL REVIEW OF REVOCATION.] 
 80.3      Subdivision 1.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 
 80.4   30 days following receipt of a notice and order of revocation or 
 80.5   disqualification pursuant to this section, a person may petition 
 80.6   the court for review.  The petition shall be filed with the 
 80.7   district court administrator in the county where the alleged 
 80.8   offense occurred, together with proof of service of a copy on 
 80.9   the commissioner, and accompanied by the standard filing fee for 
 80.10  civil actions.  No responsive pleading shall be required of the 
 80.11  commissioner, and no court fees shall be charged for the 
 80.12  appearance of the commissioner in the matter. 
 80.13     (b) The petition shall be captioned in the full name of the 
 80.14  person making the petition as petitioner and the commissioner as 
 80.15  respondent.  The petition must include the petitioner's date of 
 80.16  birth, driver's license number, and date of the offense.  The 
 80.17  petition shall state with specificity the grounds upon which the 
 80.18  petitioner seeks rescission of the order of revocation, 
 80.19  disqualification, or denial. 
 80.20     (c) The filing of the petition shall not stay the 
 80.21  revocation, disqualification, or denial.  The reviewing court 
 80.22  may order a stay of the balance of the revocation or 
 80.23  disqualification if the hearing has not been conducted within 60 
 80.24  days after filing of the petition upon terms the court deems 
 80.25  proper.  Judicial reviews shall be conducted according to the 
 80.26  rules of civil procedure. 
 80.27     Subd. 2.  [CONDUCT OF HEARING.] A hearing under this 
 80.28  section shall be before a district judge in any county in the 
 80.29  judicial district where the alleged offense occurred.  The 
 80.30  hearing shall be to the court and may be conducted at the same 
 80.31  time and in the same manner as hearings upon pretrial motions in 
 80.32  the criminal prosecution under section 169B.11, if any.  The 
 80.33  hearing shall be recorded.  The commissioner shall appear and be 
 80.34  represented by the attorney general or through the prosecuting 
 80.35  authority for the jurisdiction involved.  The hearing shall be 
 80.36  held at the earliest practicable date, and in any event no later 
 81.1   than 60 days following the filing of the petition for review.  
 81.2   The judicial district administrator shall establish procedures 
 81.3   to ensure efficient compliance with this subdivision.  To 
 81.4   accomplish this, the administrator may, whenever possible, 
 81.5   consolidate and transfer review hearings among the county courts 
 81.6   within the judicial district. 
 81.7      Subd. 3.  [SCOPE OF HEARING.] The scope of the hearing 
 81.8   shall be limited to the issues in paragraphs (a) to (i): 
 81.9      (a) Did the peace officer have probable cause to believe 
 81.10  the person was driving, operating, or in physical control of: 
 81.11     (1) a motor vehicle in violation of section 169B.11; or 
 81.12     (2) a commercial motor vehicle in violation of section 
 81.13  169B.51? 
 81.14     (b) Was the person lawfully placed under arrest for 
 81.15  violation of section 169B.11 or 169B.51? 
 81.16     (c) Was the person involved in a motor vehicle accident or 
 81.17  collision resulting in property damage, personal injury, or 
 81.18  death? 
 81.19     (d) Did the person refuse to take a screening test provided 
 81.20  for by section 169B.21, subdivision 1? 
 81.21     (e) If the screening test was administered, did the test 
 81.22  indicate an alcohol concentration of 0.10 or more? 
 81.23     (f) At the time of the request for the test, did the peace 
 81.24  officer inform the person of the person's rights and the 
 81.25  consequences of taking or refusing the test as required by 
 81.26  section 169B.21, subdivision 3, paragraph (d)? 
 81.27     (g) Did the person refuse to permit the test? 
 81.28     (h) If a test was taken: 
 81.29     (1) by a person driving, operating, or in physical control 
 81.30  of a motor vehicle, did the test results indicate an alcohol 
 81.31  concentration of 0.10 or more at the time of testing or the 
 81.32  presence of a controlled substance listed in schedule I or II, 
 81.33  other than marijuana or Tetrahydrocannabinols; or 
 81.34     (2) by a person driving, operating, or in physical control 
 81.35  of a commercial motor vehicle, did the test results indicate an 
 81.36  alcohol concentration of 0.04 or more at the time of testing? 
 82.1      (i) Was the testing method used valid and reliable and were 
 82.2   the test results accurately evaluated? 
 82.3      Subd. 4.  [AFFIRMATIVE DEFENSE.] It shall be an affirmative 
 82.4   defense for the petitioner to prove that, at the time of the 
 82.5   refusal, the petitioner's refusal to permit the test was based 
 82.6   upon reasonable grounds. 
 82.7      Subd. 5.  [ADMISSIBLE EVIDENCE.] Certified or otherwise 
 82.8   authenticated copies of laboratory or medical personnel reports, 
 82.9   records, documents, licenses and certificates shall be 
 82.10  admissible as substantive evidence. 
 82.11     Subd. 6.  [ORDER FORWARDED TO COMMISSIONER.] The court 
 82.12  shall order that the revocation, disqualification, or denial be 
 82.13  either rescinded or sustained and forward the order to the 
 82.14  commissioner.  The court shall file its order within 14 days 
 82.15  following the hearing.  If the revocation, disqualification, or 
 82.16  denial is sustained, the court shall also forward the person's 
 82.17  driver's license or permit to the commissioner for further 
 82.18  action by the commissioner if the license or permit is not 
 82.19  already in the commissioner's possession. 
 82.20     Subd. 7.  [APPEAL.] Any party aggrieved by the decision of 
 82.21  the reviewing court may appeal the decision as provided in the 
 82.22  rules of appellate procedure. 
 82.23                          REFUSAL TO TEST 
 82.24     Sec. 17.  [169B.41] [REFUSAL TO SUBMIT TO CHEMICAL TEST.] 
 82.25     Subdivision 1.  [REFUSAL TO TEST CRIME.] It is a crime for 
 82.26  any person to refuse to submit to a chemical test of the 
 82.27  person's blood, breath, or urine under section 169B.21, 
 82.28  subdivisions 3 to 5. 
 82.29     Subd. 2.  [JURISDICTION.] A violation of subdivision 1 may 
 82.30  be prosecuted either in the jurisdiction where the arresting 
 82.31  officer observed the defendant driving, operating, or in control 
 82.32  of the motor vehicle or in the jurisdiction where the refusal 
 82.33  occurred. 
 82.34     Sec. 18.  [169B.413] [GROSS MISDEMEANOR REFUSAL TO TEST.] 
 82.35     Subdivision 1.  [PENALTY.] A person who violates section 
 82.36  169B.41, subdivision 1, is guilty of a gross misdemeanor if the 
 83.1   violation is committed under any of the following circumstances: 
 83.2      (a) while a child under the age of 16 was present in the 
 83.3   vehicle when the person committed the conduct for which the 
 83.4   person was arrested, if the child is more than 36 months younger 
 83.5   than the violator; 
 83.6      (b) within five years after a prior substance-related loss 
 83.7   of license; 
 83.8      (c) within ten years after the first of two or more prior 
 83.9   substance-related losses of license; or 
 83.10     (d) the operation of the motor vehicle requires a driver's 
 83.11  license and the violation is committed before the person's 
 83.12  driver's license or driver's privilege has been reinstated 
 83.13  following a prior substance-related loss of license. 
 83.14     Subd. 2.  [PROSECUTION.] The attorney in the jurisdiction 
 83.15  in which the violation occurred who is responsible for 
 83.16  prosecution of misdemeanor violations of section 169B.41 shall 
 83.17  also be responsible for prosecution of gross misdemeanor 
 83.18  violations of this section. 
 83.19     Sec. 19.  [169B.415] [SECOND DEGREE MISDEMEANOR REFUSAL TO 
 83.20  TEST.] 
 83.21     Except as provided in section 169B.413, a person who 
 83.22  violates section 169B.41, subdivision 1, is guilty of a second 
 83.23  degree misdemeanor. 
 83.24                SUBSTANCE-RELATED COMMERCIAL DRIVING 
 83.25     Sec. 20.  [169B.51] [SUBSTANCE-RELATED COMMERCIAL DRIVING.] 
 83.26     It is a crime for any person to drive, operate, or be in 
 83.27  physical control of any commercial motor vehicle within this 
 83.28  state or upon the ice of any boundary water of this state: 
 83.29     (a) when the person's alcohol concentration is 0.04 or 
 83.30  more; or 
 83.31     (b) when the person's alcohol concentration as measured 
 83.32  within two hours of the time of driving is 0.04 or more. 
 83.33     Sec. 21.  [169B.515] [FIRST DEGREE MISDEMEANOR 
 83.34  SUBSTANCE-RELATED COMMERCIAL DRIVING.] 
 83.35     Whoever violates section 169B.51 is guilty of a first 
 83.36  degree misdemeanor. 
 84.1      Sec. 22.  [169B.55] [DISQUALIFICATION UPON 
 84.2   SUBSTANCE-RELATED COMMERCIAL DRIVING CONVICTION.] 
 84.3      The commissioner shall disqualify a person from operating a 
 84.4   commercial motor vehicle as provided under section 169J.37, on 
 84.5   receipt of a record of conviction for a violation of section 
 84.6   169B.51. 
 84.7      Sec. 23.  [169B.59] [COMMERCIAL DRIVING AFTER 
 84.8   OUT-OF-SERVICE ORDER.] 
 84.9      A person driving, operating, or in physical control of a 
 84.10  commercial motor vehicle with any presence of alcohol is 
 84.11  prohibited from operating a commercial motor vehicle for 24 
 84.12  hours after issuance of an out-of-service order. 
 84.13     Sec. 24.  [169B.595] [SECOND DEGREE MISDEMEANOR COMMERCIAL 
 84.14  DRIVING AFTER OUT-OF-SERVICE ORDER.] 
 84.15     Whoever violates section 169B.59 is guilty of a second 
 84.16  degree misdemeanor. 
 84.17                   UNDERAGE DRINKING AND DRIVING 
 84.18     Sec. 25.  [169B.61] [UNDERAGE DRINKING AND DRIVING.] 
 84.19     Subdivision 1.  [PROHIBITION.] It is unlawful for a person 
 84.20  under the age of 21 years to drive or operate a motor vehicle 
 84.21  while consuming alcoholic beverages, or after having consumed 
 84.22  alcoholic beverages while there is physical evidence of the 
 84.23  consumption present in the person's body. 
 84.24     Subd. 2.  [PRELIMINARY SCREENING TEST RESULT ADMISSIBLE.] 
 84.25  The results of a preliminary screening test under section 
 84.26  169B.21 are admissible in a prosecution or juvenile court 
 84.27  proceeding under subdivision 1. 
 84.28     Subd. 3.  [COURT SHALL NOTIFY COMMISSIONER; SUSPENSION.] 
 84.29  When a person is found to have committed an offense under 
 84.30  subdivision 1, the court shall notify the commissioner of its 
 84.31  determination.  Upon receipt of the court's determination, the 
 84.32  commissioner shall suspend the person's driver's license or 
 84.33  operating privileges for 30 days, or for 180 days if the person 
 84.34  has previously been found to have violated subdivision 1 or a 
 84.35  statute or ordinance in conformity with subdivision 1. 
 84.36     Subd. 4.  [DRIVER UNDER INFLUENCE OR SUBSTANCE-RELATED 
 85.1   COMMERCIAL DRIVING.] If the person's conduct violates section 
 85.2   169B.11 (driver under influence) or 169B.51 (substance-related 
 85.3   commercial driving), the penalties and license sanctions 
 85.4   applicable to violations of those laws apply instead of the 
 85.5   license sanction in subdivision 3. 
 85.6      Subd. 5.  [JURISDICTION.] An offense under subdivision 1 
 85.7   may be prosecuted either in the jurisdiction where consumption 
 85.8   occurs or the jurisdiction where evidence of consumption is 
 85.9   observed. 
 85.10     Sec. 26.  [169B.615] [THIRD DEGREE MISDEMEANOR UNDERAGE 
 85.11  DRINKING AND DRIVING.] 
 85.12     Whoever violates section 169B.61, subdivision 1, is guilty 
 85.13  of a third degree misdemeanor. 
 85.14                            OPEN BOTTLE 
 85.15     Sec. 27.  [169B.71] [OPEN BOTTLE.] 
 85.16     Subdivision 1.  [PROHIBITED CONDUCT.] Except as provided in 
 85.17  subdivision 2, it is unlawful for: 
 85.18     (a) any person to drink or consume intoxicating liquor or 
 85.19  nonintoxicating malt liquor in any motor vehicle when the 
 85.20  vehicle is upon a public highway; 
 85.21     (b) any person, while in a private motor vehicle upon a 
 85.22  public highway, either to have actual possession of, or to 
 85.23  consciously exercise dominion and control over, any bottle or 
 85.24  receptacle containing intoxicating liquor or 3.2 percent malt 
 85.25  liquor that has been opened, or the seal broken, or the contents 
 85.26  of which have been partially removed; or 
 85.27     (c) the owner of any private motor vehicle or the driver, 
 85.28  if the owner be not then present in the motor vehicle, to keep 
 85.29  or allow to be kept in a motor vehicle when the vehicle is upon 
 85.30  the public highway any bottle or receptacle containing 
 85.31  intoxicating liquor or 3.2 percent malt liquor that has been 
 85.32  opened, or the seal broken, or the contents of which have been 
 85.33  partially removed. 
 85.34     Subd. 2.  [EXCEPTIONS.] (a) Subdivision 1, paragraphs (a) 
 85.35  and (b), do not apply to a bottle or receptacle that is in the 
 85.36  trunk of the vehicle if it is equipped with a trunk, or that is 
 86.1   in another area of the vehicle not normally occupied by the 
 86.2   driver and passengers if the vehicle is not equipped with a 
 86.3   trunk.  A utility compartment or glove compartment shall be 
 86.4   deemed to be within the area occupied by the driver and 
 86.5   passengers. 
 86.6      (b) Subdivision 1 does not apply to the possession or 
 86.7   consumption of alcoholic beverages by passengers in: 
 86.8      (1) a bus operated under a charter as defined in section 
 86.9   221.011, subdivision 20; or 
 86.10     (2) a vehicle providing limousine service as defined in 
 86.11  section 221.84, subdivision 1. 
 86.12     Sec. 28.  [169B.713] [THIRD DEGREE MISDEMEANOR OPEN BOTTLE 
 86.13  VIOLATION.] 
 86.14     Any driver or owner of the vehicle who violates section 
 86.15  169B.71 is guilty of a third degree misdemeanor. 
 86.16     Sec. 29.  [169B.715] [INFRACTION OPEN BOTTLE VIOLATION.] 
 86.17     Except as provided in section 169B.713, whoever violates 
 86.18  section 169B.71 is guilty of an infraction. 
 86.19                      ALCOHOL SAFETY PROGRAMS 
 86.20     Sec. 30.  [169B.75] [ALCOHOL SAFETY PROGRAM.] 
 86.21     The county board of every county shall establish an alcohol 
 86.22  safety program designed to provide chemical use assessments of 
 86.23  persons convicted under section 169B.11 (driver under influence) 
 86.24  or 169B.41 (refusal to test). 
 86.25     Sec. 31.  [169B.77] [COUNTY COOPERATION.] 
 86.26     County boards may enter into an agreement to establish a 
 86.27  regional alcohol safety program.  County boards may contract 
 86.28  with other counties and agencies for alcohol problem screening 
 86.29  and chemical use assessment services. 
 86.30                      CHEMICAL USE ASSESSMENTS 
 86.31     Sec. 32.  [169B.81] [CHEMICAL USE ASSESSMENTS.] 
 86.32     Subdivision 1.  [REQUIREMENT.] The county agency 
 86.33  administering the alcohol safety program shall conduct a 
 86.34  chemical use assessment and submit an assessment report to the 
 86.35  court and to the department when: 
 86.36     (a) the defendant is convicted of an offense described in 
 87.1   section 169B.11 (driver under influence) or 169B.41 (refusal to 
 87.2   test); or 
 87.3      (b) the defendant is arrested for committing an offense 
 87.4   described in section 169B.11 or 169B.41 but is convicted of 
 87.5   another offense arising out of the circumstances surrounding the 
 87.6   arrest. 
 87.7      Subd. 2.  [ASSESSMENT REPORT.] The assessment report shall 
 87.8   be on a form prescribed by the commissioner and shall contain an 
 87.9   evaluation of the convicted defendant concerning the defendant's 
 87.10  prior traffic record, characteristics and history of alcohol and 
 87.11  chemical use problems, and amenability to rehabilitation through 
 87.12  the alcohol safety program.  The report shall be classified as 
 87.13  private data on individuals as defined in section 13.02, 
 87.14  subdivision 12. 
 87.15     Subd. 3.  [ASSESSMENT REPORT REQUIRED CONTENTS.] The 
 87.16  assessment report must include: 
 87.17     (a) a recommended level of care for the offender in 
 87.18  accordance with the criteria contained in rules adopted by the 
 87.19  commissioner of human services under section 254A.03, 
 87.20  subdivision 3; 
 87.21     (b) recommendations for other appropriate remedial action 
 87.22  or care, which may consist of educational programs, one-on-one 
 87.23  counseling, a program or type of treatment that addresses mental 
 87.24  health concerns, or a combination of them; or 
 87.25     (c) a specific explanation why no level of care or other 
 87.26  remedial action was recommended. 
 87.27     Subd. 4.  [ASSESSOR STANDARDS; RULES.] A chemical use 
 87.28  assessment required by this section must be conducted by an 
 87.29  assessor appointed by the court.  The assessor must meet the 
 87.30  training and qualification requirements of rules adopted by the 
 87.31  commissioner of human services under section 254A.03, 
 87.32  subdivision 3.  Notwithstanding section 13.82, the assessor 
 87.33  shall have access to any police reports, laboratory test 
 87.34  results, and other law enforcement data relating to the current 
 87.35  offense or previous offenses that are necessary to complete the 
 87.36  evaluation.  An assessor providing an assessment under this 
 88.1   section may not have any direct or shared financial interest or 
 88.2   referral relationship resulting in shared financial gain with a 
 88.3   treatment provider.  If an independent assessor is not 
 88.4   available, the court may use the services of an assessor 
 88.5   authorized to perform assessments for the county social services 
 88.6   agency under a variance granted under rules adopted by the 
 88.7   commissioner of human services under section 254A.03, 
 88.8   subdivision 3. 
 88.9      Subd. 5.  [ASSESSMENT TIME LIMITS.] An appointment for the 
 88.10  defendant to undergo the assessment shall be made by the court, 
 88.11  a court services probation officer, or the court administrator 
 88.12  as soon as possible but in no case more than one week after the 
 88.13  defendant pleads guilty or is found guilty.  The assessment must 
 88.14  be completed no later than three weeks after the defendant 
 88.15  pleads guilty or is found guilty.  If the assessment is not 
 88.16  performed within this time limit, the county where the defendant 
 88.17  is to be sentenced shall perform the assessment.  The county of 
 88.18  financial responsibility shall be determined under chapter 256G. 
 88.19     Subd. 6.  [APPLICABILITY FOR NONRESIDENTS.] This section 
 88.20  shall not apply to a person who is not a resident of the state 
 88.21  of Minnesota at the time of the offense and at the time of the 
 88.22  assessment. 
 88.23                REINSTATEMENT OF DRIVING PRIVILEGES 
 88.24     Sec. 33.  [169B.85] [REINSTATEMENT OF DRIVING PRIVILEGES; 
 88.25  NOTICE.] 
 88.26     Subdivision 1.  [NOTIFICATION OF TERMS FOR REINSTATING 
 88.27  DRIVING PRIVILEGES.] Upon expiration of a period of revocation 
 88.28  under section 169B.11 (driver under influence) or 169B.41 
 88.29  (refusal to test), the commissioner shall notify the person of 
 88.30  the terms upon which driving privileges can be reinstated, and 
 88.31  new license plates issued, which terms are: 
 88.32     (a) successful completion of a driving test and proof of 
 88.33  compliance with any terms of alcohol treatment or counseling 
 88.34  previously prescribed, if any; and 
 88.35     (b) any other requirements imposed by the commissioner and 
 88.36  applicable to that particular case. 
 89.1      Subd. 2.  [NOTIFICATION OF PROCEDURES FOR OBTAINING NEW 
 89.2   PLATES.] The commissioner shall notify the owner of a motor 
 89.3   vehicle subject to an impoundment order under section 169N.21 as 
 89.4   a result of the violation of the procedures for obtaining new 
 89.5   license plates, if the owner is not the violator. 
 89.6      Subd. 3.  [NOTIFICATION OF CRIMINAL PENALTIES.] The 
 89.7   commissioner shall also notify a person notified under 
 89.8   subdivision 1 or 2 that if the person resumes driving without 
 89.9   reinstatement of driving privileges or without valid license 
 89.10  plates and a registration certificate, the person will be 
 89.11  subject to criminal penalties. 
 89.12                           PILOT PROGRAMS 
 89.13     Sec. 34.  [169B.91] [PILOT PROGRAMS OF INTENSIVE PROBATION 
 89.14  FOR REPEAT DWI OFFENDERS.] 
 89.15     Subdivision 1.  [GRANT APPLICATION.] The commissioners of 
 89.16  corrections and public safety, in cooperation with the 
 89.17  commissioner of human services, shall jointly administer a 
 89.18  program to provide grants to counties to establish and operate 
 89.19  programs of intensive probation for repeat violators of the 
 89.20  driving while intoxicated laws.  The commissioners shall adopt 
 89.21  an application form on which a county or a group of counties may 
 89.22  apply for a grant to establish and operate a DWI repeat offender 
 89.23  program. 
 89.24     Subd. 2.  [GOALS.] The goals of the DWI repeat offender 
 89.25  program are to protect public safety and provide an appropriate 
 89.26  sentencing alternative for persons convicted of a violation of 
 89.27  section 169B.115, paragraph (d) (driver under influence while 
 89.28  license revoked), or of repeat violations of section 169B.11 
 89.29  (driver under influence) or 169B.41 (refusal to test), who are 
 89.30  considered to be of high risk to the community. 
 89.31     Subd. 3.  [PROGRAM ELEMENTS.] To be considered for a grant 
 89.32  under this section, a county program must contain the following 
 89.33  elements: 
 89.34     (a) an initial assessment of the offender's chemical 
 89.35  dependency, based on the results of a chemical use assessment 
 89.36  conducted under section 169B.81, with recommended treatment and 
 90.1   aftercare, and a requirement that the offender follow the 
 90.2   recommended treatment and aftercare; 
 90.3      (b) several stages of probation supervision, including: 
 90.4      (1) a period of incarceration in a local or regional 
 90.5   detention facility; 
 90.6      (2) a period during which an offender is, at all times, 
 90.7   either working, on home detention, being supervised at a program 
 90.8   facility, or traveling between two of these locations; 
 90.9      (3) a period of home detention; and 
 90.10     (4) a period of gradually decreasing involvement with the 
 90.11  program; 
 90.12     (c) decreasing levels of intensity and contact with 
 90.13  probation officials based on the offender's successful 
 90.14  participation in the program and compliance with its rules; 
 90.15     (d) a provision for increasing the severity of the 
 90.16  program's requirements when an offender offends again or 
 90.17  violates the program's rules; 
 90.18     (e) a provision for offenders to continue or seek 
 90.19  employment during their period of intensive probation; 
 90.20     (f) a requirement that offenders abstain from alcohol and 
 90.21  controlled substances during the probation period and be tested 
 90.22  for such use on a routine basis; and 
 90.23     (g) a requirement that all or a substantial part of the 
 90.24  costs of the program be paid by the offenders. 
 90.25     Subd. 4.  [TRAINING.] Counties participating in the program 
 90.26  shall provide to affected officials relevant training in 
 90.27  intensive probation programs. 
 90.28                               RULES 
 90.29     Sec. 35.  [169B.95] [RULES OF COMMISSIONER OF PUBLIC 
 90.30  SAFETY.] 
 90.31     Subdivision 1.  [COMMISSIONER'S AUTHORITY.] The 
 90.32  commissioner may promulgate rules to carry out the provisions of 
 90.33  sections 169B.21 and 169B.31 to 169B.35.  The rules may include 
 90.34  forms for notice of intention to revoke, which shall describe 
 90.35  clearly the right to a hearing, the procedure for requesting a 
 90.36  hearing, and the consequences of failure to request a hearing; 
 91.1   forms for revocation and notice of reinstatement of driving 
 91.2   privileges as provided in section 169B.85; and forms for 
 91.3   temporary licenses. 
 91.4      Subd. 2.  [RULES SUBJECT TO ADMINISTRATIVE PROCEDURE 
 91.5   PROVISIONS.] Rules promulgated pursuant to this section are 
 91.6   subject to sections 14.01 to 14.20 and 14.365 to 14.69. 
 91.7                              ARTICLE 3 
 91.8                    OTHER MAJOR VEHICULAR OFFENSES 
 91.9                GROSSLY NEGLIGENT AND CARELESS DRIVING 
 91.10     Section 1.  [169C.11] [GROSS NEGLIGENCE; CRIMINAL VEHICULAR 
 91.11  HOMICIDE AND INJURY.] 
 91.12     Whoever operates a motor vehicle in a grossly negligent 
 91.13  manner is guilty of a crime and may be punished as provided in 
 91.14  sections 169C.111 to 169C.117. 
 91.15     Sec. 2.  [169C.111] [FIRST DEGREE FELONY GROSS NEGLIGENCE.] 
 91.16     Subdivision 1.  [PENALTY.] A person may be sentenced to 
 91.17  imprisonment for not more than ten years or to payment of a fine 
 91.18  of not more than $20,000, or both, if the person causes the 
 91.19  death of a human being or unborn child, in circumstances not 
 91.20  constituting murder or manslaughter, as a result of operating a 
 91.21  motor vehicle in a grossly negligent manner. 
 91.22     Subd. 2.  [CAUSING DEATH OF UNBORN CHILD.] (a) The 
 91.23  prohibition in subdivision 1 on causing the death of an unborn 
 91.24  child does not apply to the pregnant woman carrying the unborn 
 91.25  child. 
 91.26     (b) A prosecution for or conviction of a crime under 
 91.27  subdivision 1 for causing the death of an unborn child is not a 
 91.28  bar to conviction of or punishment for any other crime committed 
 91.29  by the defendant as part of the same conduct. 
 91.30     Sec. 3.  [169C.112] [SECOND DEGREE FELONY GROSS 
 91.31  NEGLIGENCE.] 
 91.32     Subdivision 1.  [PENALTY.] A person may be sentenced to 
 91.33  imprisonment for not more than five years or to payment of a 
 91.34  fine of not more than $10,000, or both, if the person causes 
 91.35  great bodily harm to another human being or to an unborn child 
 91.36  who is subsequently born alive, in circumstances not 
 92.1   constituting attempted murder or assault, as a result of 
 92.2   operating a motor vehicle in a grossly negligent manner. 
 92.3      Subd. 2.  [CAUSING DEATH OF UNBORN CHILD.] (a) The 
 92.4   prohibition in subdivision 1 on causing the death of an unborn 
 92.5   child does not apply to the pregnant woman carrying the unborn 
 92.6   child. 
 92.7      (b) A prosecution for or conviction of a crime under 
 92.8   subdivision 1 for causing great bodily harm to an unborn child 
 92.9   who is subsequently born alive is not a bar to conviction of or 
 92.10  punishment for any other crime committed by the defendant as 
 92.11  part of the same conduct. 
 92.12     Sec. 4.  [169C.113] [THIRD DEGREE FELONY GROSS NEGLIGENCE.] 
 92.13     A person may be sentenced to imprisonment of not more than 
 92.14  three years or to payment of a fine of not more than $10,000, or 
 92.15  both, if the person causes substantial bodily harm to another 
 92.16  human being, as a result of operating a motor vehicle in a 
 92.17  grossly negligent manner. 
 92.18     Sec. 5.  [169C.115] [GROSS MISDEMEANOR GROSS NEGLIGENCE.] 
 92.19     Subdivision 1.  [PENALTY.] Except as provided in sections 
 92.20  169C.111 to 169C.114, a person who violates section 169C.11 is 
 92.21  guilty of a gross misdemeanor if: 
 92.22     (a) the person causes bodily harm to another human being as 
 92.23  a result of the violation; or 
 92.24     (b) the violation is committed while a child under the age 
 92.25  of 16 is in the vehicle, if the child is more than 36 months 
 92.26  younger than the violator. 
 92.27     Subd. 2.  [PROSECUTION.] The attorney in the jurisdiction 
 92.28  in which the violation occurred who is responsible for 
 92.29  prosecution of misdemeanor violations of section 169C.11 shall 
 92.30  also be responsible for prosecution of gross misdemeanor 
 92.31  violations of this section. 
 92.32     Sec. 6.  [169C.116] [FIRST DEGREE MISDEMEANOR GROSS 
 92.33  NEGLIGENCE.] 
 92.34     Except as provided in sections 169C.111 to 169C.115, a 
 92.35  person who violates section 169C.11 is guilty of a first degree 
 92.36  misdemeanor if the violation: 
 93.1      (a) causes an accident with another attended vehicle or 
 93.2   with a pedestrian; or 
 93.3      (b) occurs while the person is in violation of section 
 93.4   169D.41 (special stop at railroad crossing). 
 93.5      Sec. 7.  [169C.117] [SECOND DEGREE MISDEMEANOR GROSS 
 93.6   NEGLIGENCE.] 
 93.7      Except as provided in sections 169C.111 to 169C.116, a 
 93.8   person who violates section 169C.11 is guilty of a second degree 
 93.9   misdemeanor. 
 93.10     Sec. 8.  [169C.31] [CARELESS DRIVING.] 
 93.11     Subdivision 1.  [CARELESS DRIVING.] Any person who operates 
 93.12  or halts any vehicle upon any street or highway carelessly or 
 93.13  heedlessly in disregard of the rights of others, or in a manner 
 93.14  that endangers or is likely to endanger any property or any 
 93.15  person, including the driver or passengers of the vehicle, is 
 93.16  guilty of careless driving. 
 93.17     Subd. 2.  [APPLICATION.] The provisions of this section 
 93.18  apply, but are not limited in application, to any person who 
 93.19  drives any vehicle in the manner prohibited by this section: 
 93.20     (a) upon the ice of any lake, stream, or river, including 
 93.21  the ice of any boundary water; or 
 93.22     (b) in a parking lot ordinarily used by or available to the 
 93.23  public though not as a matter of right, and a driveway 
 93.24  connecting such a parking lot with a street or highway. 
 93.25     Sec. 9.  [169C.315] [THIRD DEGREE MISDEMEANOR CARELESS 
 93.26  DRIVING.] 
 93.27     Any person who violates section 169C.31 is guilty of a 
 93.28  third degree misdemeanor. 
 93.29                  LEAVING SCENE; FAILURE TO REPORT 
 93.30     Sec. 10.  [169C.51] [ACCIDENTS; DRIVER'S DUTIES.] 
 93.31     Subdivision 1.  [DRIVER TO STOP FOR ACCIDENT INVOLVING 
 93.32  IMMEDIATELY OBSERVABLE BODILY INJURY.] (a) The driver of any 
 93.33  vehicle involved in an accident resulting in immediately 
 93.34  observable bodily injury to or death of any person shall 
 93.35  immediately: 
 93.36     (1) stop the vehicle at the scene of the accident; or 
 94.1      (2) stop the vehicle as close to the scene as possible and 
 94.2   then return to the scene. 
 94.3      (b) The driver then shall remain at the scene of the 
 94.4   accident until the driver has fulfilled the requirements of 
 94.5   subdivision 3, paragraph (a), as to the giving of information. 
 94.6      (c) The stop shall be made without obstructing traffic more 
 94.7   than is necessary. 
 94.8      Subd. 2.  [DRIVER TO STOP FOR ACCIDENT WITH ATTENDED 
 94.9   VEHICLE.] (a) The driver of any vehicle involved in an accident 
 94.10  to a another vehicle that is driven or attended by any person 
 94.11  shall immediately: 
 94.12     (1) stop the vehicle at the scene of the accident; or 
 94.13     (2) stop the vehicle as close to the scene as possible, and 
 94.14  then return to the scene. 
 94.15     (b) The driver then shall remain at the scene of the 
 94.16  accident until the driver has fulfilled the requirements of 
 94.17  subdivision 3, paragraph (a), as to the giving of information. 
 94.18     (c) The stop shall be made without obstructing traffic more 
 94.19  than is necessary. 
 94.20     Subd. 3.  [DRIVER IN ACCIDENT HARMING PERSON OR ATTENDED 
 94.21  VEHICLE TO GIVE INFORMATION AND ASSISTANCE.] (a) The driver of 
 94.22  any vehicle involved in an accident resulting in bodily injury 
 94.23  to or death of any person, or damage to any vehicle that is 
 94.24  driven or attended by any person, shall stop and give the 
 94.25  driver's name, address, date of birth, and the license plate 
 94.26  number of the vehicle being driven, and shall, upon request and 
 94.27  if available, exhibit the driver's license or permit to drive to 
 94.28  the person struck or the driver or occupant of or person 
 94.29  attending any vehicle collided with.  The driver also shall give 
 94.30  the information and upon request exhibit the license or permit 
 94.31  to any peace officer at the scene of the accident or who is 
 94.32  investigating the accident.  The driver shall render reasonable 
 94.33  assistance to any person injured in the accident. 
 94.34     (b) If not given at the scene of the accident, the driver, 
 94.35  upon request and within 72 hours after the accident, shall give 
 94.36  the name and address of the insurer providing automobile 
 95.1   liability insurance coverage, and of the local insurance agent 
 95.2   for the insurer to any person involved in the accident or a 
 95.3   peace officer investigating the accident. 
 95.4      Subd. 4.  [DUTIES OF DRIVER IN ACCIDENT WITH UNATTENDED 
 95.5   VEHICLE.] The driver of any vehicle that collides with and 
 95.6   damages any unattended vehicle shall immediately stop and do one 
 95.7   of the following: 
 95.8      (a) locate and notify the driver or owner of the unattended 
 95.9   vehicle of the name and address of the driver and owner of the 
 95.10  vehicle striking the unattended vehicle; 
 95.11     (b) report the same to a peace officer; or 
 95.12     (c) leave written notice of the same in a conspicuous place 
 95.13  in or secured to the unattended vehicle. 
 95.14     Subd. 5.  [NOTIFYING OWNER OF DAMAGED PROPERTY.] The driver 
 95.15  of any vehicle involved in an accident resulting only in damage 
 95.16  to fixtures legally upon or adjacent to a highway shall take 
 95.17  reasonable steps to locate and notify the owner or person in 
 95.18  charge of the property of the accident, of the driver's name and 
 95.19  address, and of the license plate number of the vehicle being 
 95.20  driven.  Upon request, the driver shall exhibit the driver's 
 95.21  license, if available, and make a report of the accident.  The 
 95.22  report shall be made in the same manner as a report made 
 95.23  pursuant to section 169C.55, subdivision 1. 
 95.24     Subd. 6.  [NOTIFYING POLICE OF BODILY INJURY.] The driver 
 95.25  of a vehicle involved in an accident resulting in bodily injury 
 95.26  to or death of any person shall, after compliance with 
 95.27  subdivisions 1 and 3, paragraph (a), by the quickest means of 
 95.28  communication, give notice of the accident to: 
 95.29     (a) the local police department, if the accident occurs 
 95.30  within a city; 
 95.31     (b) a state patrol officer if the accident occurs on a 
 95.32  trunk highway; or 
 95.33     (c) the office of the sheriff of the county. 
 95.34     Sec. 11.  [169C.511] [FIRST DEGREE FELONY LEAVING SCENE.] 
 95.35     Subdivision 1.  [PENALTY.] A person may be sentenced to 
 95.36  imprisonment for not more than ten years or to payment of a fine 
 96.1   of not more than $20,000, or both, if the person causes the 
 96.2   death of a human being or an unborn child, in circumstances not 
 96.3   constituting murder or manslaughter, as a result of operating a 
 96.4   motor vehicle where the driver who causes the accident leaves 
 96.5   the scene of the accident in violation of section 169C.51, 
 96.6   subdivision 1 or 6. 
 96.7      Subd. 2.  [CAUSING DEATH OF UNBORN CHILD.] (a) The 
 96.8   prohibition in subdivision 1 on causing the death of an unborn 
 96.9   child does not apply to the pregnant woman carrying the unborn 
 96.10  child. 
 96.11     (b) A prosecution for or conviction of a crime under 
 96.12  subdivision 1 for causing the death of an unborn child who is 
 96.13  subsequently born alive is not a bar to conviction of or 
 96.14  punishment for any other crime committed by the defendant as 
 96.15  part of the same conduct. 
 96.16     Sec. 12.  [169C.512] [SECOND DEGREE FELONY LEAVING SCENE.] 
 96.17     Subdivision 1.  [PENALTY.] A person may be sentenced to 
 96.18  imprisonment for not more than five years or to payment of a 
 96.19  fine of not more than $10,000, or both, if the person causes 
 96.20  great bodily harm to another human being or to an unborn child, 
 96.21  in circumstances not constituting attempted murder or assault, 
 96.22  as a result of operating a motor vehicle where the driver who 
 96.23  causes the accident leaves the scene of the accident in 
 96.24  violation of section 169C.51, subdivision 1 or 6. 
 96.25     Subd. 2.  [CAUSING DEATH OF UNBORN CHILD.] (a) The 
 96.26  prohibition in subdivision 1 on causing the death of an unborn 
 96.27  child does not apply to the pregnant woman carrying the unborn 
 96.28  child. 
 96.29     (b) A prosecution for or conviction of a crime under 
 96.30  subdivision 1 for causing the death of an unborn child who is 
 96.31  subsequently born alive is not a bar to conviction of or 
 96.32  punishment for any other crime committed by the defendant as 
 96.33  part of the same conduct. 
 96.34     Sec. 13.  [169C.513] [THIRD DEGREE FELONY LEAVING SCENE.] 
 96.35     The driver of any motor vehicle who leaves the scene of an 
 96.36  accident in violation of section 169C.51, subdivision 1 or 6, 
 97.1   may be sentenced to imprisonment of not more than three years or 
 97.2   to payment of a fine of not more than $6,000, or both, if the 
 97.3   driver: 
 97.4      (a) causes the accident and causes substantial bodily harm 
 97.5   to another, as a result of operating the motor vehicle; or 
 97.6      (b) does not cause the accident and the accident results in 
 97.7   the death of any person. 
 97.8      Sec. 14.  [169C.514] [FOURTH DEGREE FELONY LEAVING SCENE.] 
 97.9      The driver of any vehicle who leaves the scene of an 
 97.10  accident in violation of section 169C.51, subdivision 1 or 6, 
 97.11  and who does not cause the accident may be sentenced to 
 97.12  imprisonment for not more than two years, or to payment of a 
 97.13  fine of not more than $4,000, or both, if the accident results 
 97.14  in great bodily harm to any person. 
 97.15     Sec. 15.  [169C.515] [GROSS MISDEMEANOR LEAVING SCENE.] 
 97.16     Subdivision 1.  [PENALTY.] The driver of any motor vehicle 
 97.17  who leaves the scene of an accident in violation of section 
 97.18  169C.51, subdivision 1 or 6, is guilty of a gross misdemeanor if 
 97.19  the driver: 
 97.20     (a) causes the accident and causes bodily harm to another 
 97.21  human being as a result of operating the motor vehicle; or 
 97.22     (b) does not cause the accident and the accident results in 
 97.23  substantial bodily harm to any person. 
 97.24     Subd. 2.  [PROSECUTOR'S JURISDICTION.] The attorney in the 
 97.25  jurisdiction in which the violation occurred who is responsible 
 97.26  for prosecution of misdemeanor violations of section 169C.51 
 97.27  shall also be responsible for prosecution of gross misdemeanor 
 97.28  violations of this section. 
 97.29     Sec. 16.  [169C.516] [FIRST DEGREE MISDEMEANOR LEAVING 
 97.30  SCENE.] 
 97.31     The driver of any vehicle who violates section 169C.51, 
 97.32  subdivision 1 or 6, and does not cause the accident is guilty of 
 97.33  a first degree misdemeanor, if the accident results in bodily 
 97.34  harm. 
 97.35     Sec. 17.  [169C.517] [SECOND DEGREE MISDEMEANOR FAILURE TO 
 97.36  STOP, REPORT, OR ASSIST.] 
 98.1      Except as provided in sections 169C.511 to 169C.516, any 
 98.2   person who violates section 169C.51 is guilty of a second degree 
 98.3   misdemeanor. 
 98.4      Sec. 18.  [169C.53] [DEFENSE TO LEAVING SCENE PROSECUTION.] 
 98.5      It is an affirmative defense to prosecution under section 
 98.6   169C.51, subdivisions 1, 2, and 6, that the driver left the 
 98.7   scene of the accident to take any person suffering immediately 
 98.8   observable bodily injury in the accident to receive emergency 
 98.9   medical care if the driver of the involved vehicle gives notice 
 98.10  to a law enforcement agency as required by section 169C.51, 
 98.11  subdivision 6, as soon as reasonably feasible after the 
 98.12  emergency medical care has been undertaken. 
 98.13     Sec. 19.  [169C.55] [ACCIDENT REPORTING REQUIREMENTS.] 
 98.14     Subdivision 1.  [ACCIDENT REPORT TO COMMISSIONER.] The 
 98.15  driver of a vehicle involved in an accident resulting in bodily 
 98.16  injury to or death of any person or total property damage to an 
 98.17  apparent extent of $1,000 or more, shall forward a written 
 98.18  report of the accident to the commissioner within ten days 
 98.19  thereof.  On the required report, the driver shall provide the 
 98.20  commissioner with the name and policy number of the insurer 
 98.21  providing vehicle liability coverage at the time of the 
 98.22  accident.  On determining that the original report of any driver 
 98.23  of a vehicle involved in an accident of which report must be 
 98.24  made as provided in this section is insufficient, the 
 98.25  commissioner may require the driver to file supplementary 
 98.26  reports. 
 98.27     Subd. 2.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
 98.28  Every law enforcement officer who, in the regular course of 
 98.29  duty, investigates a motor vehicle accident of which report must 
 98.30  be made as required in this section, either at the time of and 
 98.31  at the scene of the accident or thereafter by interviewing 
 98.32  participants or witnesses, shall, within ten days after the date 
 98.33  of the accident, forward a written report of the accident to the 
 98.34  commissioner. 
 98.35     Subd. 3.  [USE OF FORM REQUIRED.] Every accident report 
 98.36  required to be made in writing shall be made on the appropriate 
 99.1   form approved by the department and contain all of the 
 99.2   information required therein unless not available. 
 99.3      Subd. 4.  [CORONER TO REPORT DEATH.] (a) Every coroner or 
 99.4   other official performing like functions shall report in writing 
 99.5   to the department the death of any person within the coroner's 
 99.6   jurisdiction as the result of an accident involving a motor 
 99.7   vehicle and the circumstances of the accident.  The report shall 
 99.8   be made within 15 days after the death. 
 99.9      (b) In the case of a driver killed in a motor vehicle 
 99.10  accident or of the death of a pedestrian 16 years of age or 
 99.11  older, who dies within four hours after the accident, the 
 99.12  coroner or other official performing like functions shall 
 99.13  examine the body and shall make tests as are necessary to 
 99.14  determine the presence and percentage concentration of alcohol, 
 99.15  and drugs if feasible, in the blood of the victim.  This 
 99.16  information shall be included in each report submitted pursuant 
 99.17  to this subdivision and shall be tabulated on a monthly basis by 
 99.18  the department.  This information may be used only for 
 99.19  statistical purposes that do not reveal the identity of the 
 99.20  deceased. 
 99.21     Subd. 5.  [GARAGE TO REPORT.] The person in charge of any 
 99.22  garage or repair shop to which is brought any motor vehicle that 
 99.23  shows evidence of having been struck by any bullet shall 
 99.24  immediately report to the local police or sheriff and to the 
 99.25  commissioner within 24 hours after the motor vehicle is 
 99.26  received, giving the engine number, registration number, and the 
 99.27  name and address of the owner or operator of the vehicle. 
 99.28     Sec. 20.  [169C.555] [THIRD DEGREE MISDEMEANOR FAILURE TO 
 99.29  REPORT.] 
 99.30     Any person who violates section 169C.55 is guilty of a 
 99.31  third degree misdemeanor.  
 99.32     Sec. 21.  [169C.57] [ACCIDENT REPORT FORMS.] 
 99.33     Subdivision 1.  [DEPARTMENT TO SUPPLY FORMS.] The 
 99.34  department shall prepare, and upon request supply to police 
 99.35  departments, coroners, sheriffs, garages, and other suitable 
 99.36  agencies or individuals, forms for accident reports required 
100.1   under section 169C.51, appropriate with respect to the persons 
100.2   required to make the reports and the purposes to be served.  The 
100.3   written reports to be made by persons involved in accidents and 
100.4   by investigating officers shall call for sufficiently detailed 
100.5   information to disclose with reference to a traffic accident the 
100.6   causes, the conditions then existing, and the persons and 
100.7   vehicles involved. 
100.8      Subd. 2.  [REPORTS CONFIDENTIAL; REPORTS USED AS EVIDENCE; 
100.9   FEES FOR REPORTS; RULES.] (a) All written reports and 
100.10  supplemental reports required under this section shall be for 
100.11  the use of the commissioner and other appropriate state, 
100.12  federal, and local governmental agencies for accident analysis 
100.13  purposes, except: 
100.14     (1) the commissioner or any law enforcement agency shall, 
100.15  upon written request of any person involved in an accident or 
100.16  upon written request of the representative of the person's 
100.17  estate, surviving spouse, or one or more surviving next of kin, 
100.18  or a trustee appointed pursuant to section 573.02, disclose to 
100.19  the requester, the requester's legal counsel, or a 
100.20  representative of the requester's insurer the report required 
100.21  under section 169C.55, subdivision 2; 
100.22     (2) the commissioner shall, upon written request, provide 
100.23  the driver filing a report under section 169C.55, subdivision 1, 
100.24  with a copy of the report filed by the driver; 
100.25     (3) the commissioner may verify with insurance companies 
100.26  vehicle insurance information to enforce sections 65B.48 and 
100.27  169I.11 to 169I.41; 
100.28     (4) the commissioner may give to the commissioner of 
100.29  transportation the name and address of a carrier subject to 
100.30  section 221.031 for use in enforcing accident report 
100.31  requirements under chapter 221; and 
100.32     (5) the commissioner may give to the United States 
100.33  Department of Transportation commercial vehicle accident 
100.34  information in connection with federal grant programs relating 
100.35  to safety. 
100.36     (b) Accident reports and data contained in the reports 
101.1   shall not be discoverable under any provision of law or rule of 
101.2   court.  No report shall be used as evidence in any trial, civil 
101.3   or criminal, arising out of an accident.  However, upon the 
101.4   demand of any person who has, or claims to have, made a report, 
101.5   or upon the demand of any court, the commissioner shall furnish 
101.6   a certificate showing that a specified accident report has or 
101.7   has not been made to the commissioner solely to prove compliance 
101.8   or failure to comply with the requirements that the report be 
101.9   made to the commissioner. 
101.10     (c) Nothing in this subdivision prevents any person who has 
101.11  made a report pursuant to this section from providing 
101.12  information to any persons involved in an accident or their 
101.13  representatives or from testifying in any trial, civil or 
101.14  criminal, arising out of an accident, as to facts within the 
101.15  person's knowledge.  It is intended by this subdivision to 
101.16  render privileged the reports required, but it is not intended 
101.17  to prohibit proof of the facts to which the reports relate. 
101.18     (d) Disclosing any information contained in any accident 
101.19  report, except as provided in this subdivision, section 13.82, 
101.20  subdivision 3 or 4, or other statutes, is an unlawful act. 
101.21     (e) The commissioner may charge authorized persons a $5 fee 
101.22  for a copy of an accident report. 
101.23     (f) The commissioner and a law enforcement agency may 
101.24  charge a commercial user who requests access to response or 
101.25  incident data relating to accidents a fee not to exceed 50 cents 
101.26  per report.  Money collected by the commissioner under this 
101.27  paragraph is appropriated to the commissioner. 
101.28     (g) The commissioner shall adopt rules necessary to 
101.29  implement this subdivision. 
101.30     Sec. 22.  [169C.59] [STATISTICAL INFORMATION.] 
101.31     The department shall tabulate and may analyze all accident 
101.32  reports and shall publish annually or at more frequent intervals 
101.33  statistical information based thereon as to the number and 
101.34  circumstances of traffic accidents. 
101.35                       FLEEING PEACE OFFICER 
101.36     Sec. 23.  [169C.71] [FLEEING PEACE OFFICER IN MOTOR 
102.1   VEHICLE.] 
102.2      A driver of a motor vehicle is guilty of fleeing a peace 
102.3   officer and may be punished as provided in sections 169C.711 to 
102.4   169C.715 if: 
102.5      (a) a peace officer who is acting in the lawful discharge 
102.6   of an official duty gives the driver a signal; 
102.7      (b) the driver knows or should reasonably know the officer 
102.8   to be a peace officer; and 
102.9      (c) the driver thereafter increases speed, extinguishes 
102.10  motor vehicle headlights or taillights, or uses other means with 
102.11  intent to attempt to elude a peace officer. 
102.12     Sec. 24.  [169C.711] [FIRST DEGREE FELONY FLEEING PEACE 
102.13  OFFICER.] 
102.14     Whoever violates section 169C.71 and in the course of 
102.15  fleeing causes the death of a human being in circumstances not 
102.16  constituting murder or manslaughter may be sentenced to 
102.17  imprisonment for not more than ten years or to payment of a fine 
102.18  of not more than $20,000, or both. 
102.19     Sec. 25.  [169C.712] [SECOND DEGREE FELONY FLEEING PEACE 
102.20  OFFICER.] 
102.21     Whoever violates section 169C.71 and in the course of 
102.22  fleeing causes great bodily harm to a person other than the 
102.23  actor may be sentenced to imprisonment for not more than seven 
102.24  years or to payment of a fine of not more than $14,000, or both. 
102.25     Sec. 26.  [169C.713] [THIRD DEGREE FELONY FLEEING PEACE 
102.26  OFFICER.] 
102.27     Whoever violates section 169C.71 and in the course of 
102.28  fleeing causes substantial bodily harm to a person other than 
102.29  the actor may be sentenced to imprisonment for not more than 
102.30  five years or to payment of a fine of not more than $10,000, or 
102.31  both. 
102.32     Sec. 27.  [169C.714] [FOURTH DEGREE FELONY FLEEING PEACE 
102.33  OFFICER.] 
102.34     Whoever violates section 169C.71 a second or subsequent 
102.35  time may be sentenced to imprisonment for not more than one year 
102.36  and one day or to payment of a fine of not more than $3,000, or 
103.1   both. 
103.2      Sec. 28.  [169C.715] [GROSS MISDEMEANOR FLEEING PEACE 
103.3   OFFICER.] 
103.4      Except as provided in sections 169C.711 to 169C.714, 
103.5   whoever violates section 169C.71 is guilty of a gross 
103.6   misdemeanor. 
103.7      Sec. 29.  [169C.73] [REVOCATION; FLEEING PEACE OFFICER.] 
103.8      When a person is convicted of operating a motor vehicle in 
103.9   violation of section 169C.71, the court shall notify the 
103.10  commissioner to revoke the person's driver's license. 
103.11                             ARTICLE 4 
103.12                            CHAPTER 609A
103.13                         GENERAL PRINCIPLES
103.14             CONSTRUCTION, APPLICATION, AND DEFINITIONS
103.15     Section 1.  [609A.01] [NAME AND CONSTRUCTION.] 
103.16     Subdivision 1.  [NAME.] Chapters 609A to 609N may be cited 
103.17  as the criminal code. 
103.18     Subd. 2.  [CONSTRUCTION.] The criminal code's provisions 
103.19  shall be construed according to the fair import of its terms, to 
103.20  promote justice, and to effect its purposes, which are declared 
103.21  to be: 
103.22     (a) to protect the public safety and welfare by preventing 
103.23  the commission of crime through the deterring effect of the 
103.24  sentences authorized, the rehabilitation of those convicted, and 
103.25  their confinement when the public safety and interest require; 
103.26  and 
103.27     (b) to protect the individual against the misuse of the 
103.28  criminal law by fairly defining the acts and omissions 
103.29  prohibited, authorizing sentences reasonably related to the 
103.30  conduct and character of the convicted person, and prescribing 
103.31  fair and reasonable postconviction procedures. 
103.32     Subd. 3.  [PARENTHETICAL REFERENCES.] Words set forth in 
103.33  parentheses after references to sections or subdivisions are 
103.34  mere catchwords included solely for convenience in reference.  
103.35  They are not substantive and may not be used to construe or 
103.36  limit the meaning of any statutory language. 
104.1      Sec. 2.  [609A.03] [SCOPE AND APPLICATION.] 
104.2      Subdivision 1.  [COMMON LAW; CRIMES COMMITTED BEFORE 
104.3   EFFECTIVE DATE; ENHANCEMENT BECAUSE OF OFFENSE COMMITTED BEFORE 
104.4   EFFECTIVE DATE.] (a) Common law crimes are abolished and no act 
104.5   or omission is a crime unless made so by the criminal code or by 
104.6   other applicable statute.  However, this does not prevent the 
104.7   use of common law rules in construing or interpreting the 
104.8   provisions of the criminal code or other statutes.  
104.9      (b) Crimes committed before the effective date of the 
104.10  criminal code are not affected thereby. 
104.11     (c) A conviction for an offense committed before the 
104.12  effective date of the criminal code may be used as the basis for 
104.13  punishing an offense at a higher degree or punishing an offense 
104.14  as a gross misdemeanor rather than a misdemeanor.  The degree of 
104.15  the prior offense is governed by the law in effect at the time 
104.16  the offense was committed. 
104.17     Subd. 2.  [JURISDICTION OF STATE.] (a) A person may be 
104.18  convicted and sentenced under the law of this state if the 
104.19  person: 
104.20     (1) commits an offense in whole or in part within this 
104.21  state; or 
104.22     (2) being outside the state, causes, aids or abets another 
104.23  to commit an offense within the state; or 
104.24     (3) being outside the state, intentionally causes a result 
104.25  within the state prohibited by the criminal laws of this state. 
104.26     (b) It is not a defense that the defendant's conduct is 
104.27  also an offense under the laws of another state, the United 
104.28  States, or another country. 
104.29     Subd. 3.  [APPLICABILITY TO CRIMES CREATED BY OTHER 
104.30  CHAPTERS.] Unless expressly stated otherwise, or the context 
104.31  otherwise requires, the provisions of this chapter also apply to 
104.32  crimes created by statute other than in the criminal code. 
104.33     Subd. 4.  [UNIFORM APPLICATION.] The provisions of the 
104.34  criminal code shall be applicable and uniform throughout this 
104.35  state and in all political subdivisions therein, and no local 
104.36  authority shall enact or enforce any rule or regulation in 
105.1   conflict with the provisions of the criminal code unless 
105.2   expressly authorized in the criminal code.  If otherwise 
105.3   authorized to do so, local authorities may adopt criminal 
105.4   provisions that are not in conflict with the provisions of the 
105.5   criminal code, but when any local ordinance provides a criminal 
105.6   or civil penalty for an offense, the penalty shall not exceed 
105.7   the penalty provided by state law for the same offense. 
105.8      Sec. 3.  [609A.05] [GENERAL DEFINITIONS.] 
105.9      Subdivision 1.  [TERMS.] For purposes of the criminal code, 
105.10  unless the language or context clearly indicates that a 
105.11  different meaning is intended, the terms defined in this 
105.12  section, in section 609A.07 (offense and prior offense 
105.13  definitions), and in section 609A.09 (mental state definitions 
105.14  and principles) have the meanings ascribed to them. 
105.15     Subd. 2.  [ACCOMPLICE.] "Accomplice" means any person who 
105.16  would be held criminally liable for the crime of another 
105.17  pursuant to section 609A.11. 
105.18     Subd. 3.  [ACTOR.] Actor means the person accused of an 
105.19  offense. 
105.20     Subd. 4.  [ALCOHOLIC BEVERAGE.] "Alcoholic beverage" means 
105.21  an alcoholic beverage as defined in section 340A.101. 
105.22     Subd. 5.  [ARTICLE.] "Article" means any object, material, 
105.23  device, or substance, including any writing, record, recording, 
105.24  drawing, sample specimen, prototype, model, photograph, 
105.25  microorganism, blueprint, or map, or any copy of any of the 
105.26  foregoing. 
105.27     Subd. 6.  [BB GUN.] "BB gun" means a device that fires or 
105.28  ejects a shot measuring .18 of an inch or less in diameter. 
105.29     Subd. 7.  [BODILY HARM.] "Bodily harm" means physical pain 
105.30  or injury, illness, or any impairment of physical condition. 
105.31     Subd. 8.  [BUILDING.] (a) "Building" means a structure 
105.32  suitable for affording shelter for human beings including any 
105.33  appurtenant or connected structure.  If a building consists of 
105.34  two or more units separately secured or occupied, each unit is 
105.35  considered a separate building. 
105.36     (b) For purposes of section 609H.11 to 609H.117 (arson) 
106.1   "building," in addition to its ordinary meaning, includes any 
106.2   tent, watercraft, structure, or vehicle that is customarily used 
106.3   for overnight lodging of a person or persons. 
106.4      Subd. 9.  [BUSINESS DAY.] "Business day" means a day on 
106.5   which state offices are open for normal business and excludes 
106.6   weekends and legal holidays. 
106.7      Subd. 10.  [CARDHOLDER.] "Cardholder" means a person in 
106.8   whose name a financial transaction card is issued. 
106.9      Subd. 11.  [CARETAKER.] "Caretaker" means an individual who 
106.10  has responsibility for the care of a child as a result of a 
106.11  family relationship or who has assumed responsibility for all or 
106.12  a portion of the care of a child. 
106.13     Subd. 12.  [CHARGING DOCUMENT.] "Charging document" means 
106.14  an indictment, a criminal complaint, a tab charge, or a citation.
106.15     Subd. 13.  [CHECK.] "Check" means a check, draft, order of 
106.16  withdrawal, or similar negotiable or nonnegotiable instrument. 
106.17     Subd. 14.  [CHILD.] "Child" means any person under the age 
106.18  of 18 years. 
106.19     Subd. 15.  [CITY.] "City" means a home rule charter or 
106.20  statutory city. 
106.21     Subd. 16.  [COHABIT.] "Cohabit" means to live together 
106.22  under the representation or appearance of being married. 
106.23     Subd. 17.  [COMBUSTIBLE LIQUID.] "Combustible liquid" means 
106.24  a liquid having a flash point at or above 100 degrees Fahrenheit.
106.25     Subd. 18.  [COMPLAINANT.] "Complainant" means a person 
106.26  alleged to have been a victim of a violation of the criminal 
106.27  code, but need not be the person who signs the complaint. 
106.28     Subd. 19.  [CONTROLLED SUBSTANCE.] (a) "Controlled 
106.29  substance" means a drug, substance, or immediate precursor in 
106.30  Schedules I through V of section 609F.03. 
106.31     (b) "Controlled substance" does not include distilled 
106.32  spirits, wine, malt beverages, intoxicating liquors, or tobacco. 
106.33     Subd. 20.  [CONVICTION.] (a) "Conviction" means any of the 
106.34  following accepted and recorded by the court: 
106.35     (1) a plea of guilty; 
106.36     (2) a verdict of guilty by a jury; or 
107.1      (3) a finding of guilty by the court. 
107.2      (b) "Conviction" also includes: 
107.3      (1) payment of an infraction penalty; 
107.4      (2) failure to satisfy or make arrangements to satisfy an 
107.5   infraction penalty; 
107.6      (3) failure to contest a citation by the penalty due date; 
107.7   or 
107.8      (4) a hearing officer's or judge's decision that a person 
107.9   committed an infraction. 
107.10     (c) "Conviction" includes a conviction by any court in 
107.11  Minnesota or another jurisdiction. 
107.12     Subd. 21.  [COPY.] "Copy" means any facsimile, replica, 
107.13  photograph, or other reproduction of an article, and any note, 
107.14  drawing, or sketch made of or from an article while in the 
107.15  presence of the article. 
107.16     Subd. 22.  [CREDIT.] For purposes of sections 609G.31 and 
107.17  609G.33 (dishonored check), "credit" means an arrangement or 
107.18  understanding with the drawee for the payment of the check. 
107.19     Subd. 23.  [CRIMINAL CODE.] "Criminal code" means chapters 
107.20  609A to 609N. 
107.21     Subd. 24.  [DANGEROUS WEAPON.] "Dangerous weapon" means: 
107.22     (a) any firearm, whether loaded or unloaded; 
107.23     (b) any device designed as a weapon and capable of 
107.24  producing death or great bodily harm; 
107.25     (c) any combustible or flammable liquid or other device or 
107.26  instrumentality that, in the manner it is used or intended to be 
107.27  used, is calculated or likely to produce death or great bodily 
107.28  harm; or 
107.29     (d) any fire that is used to produce death or great bodily 
107.30  harm. 
107.31     Subd. 25.  [DEMONSTRABLE BODILY HARM.] "Demonstrable bodily 
107.32  harm" means bodily harm capable of being observed by a person 
107.33  other than the victim. 
107.34     Subd. 26.  [DIRECT TRANSMISSION.] "Direct transmission" 
107.35  means predominantly sexual or blood-borne transmission. 
107.36     Subd. 27.  [DISHONOR.] For purposes of sections 609G.31 and 
108.1   609G.33 (dishonored check), "dishonor" has the meaning given in 
108.2   section 336.3-502, but does not include dishonor because of a 
108.3   stop payment order requested by an issuer who has a good faith 
108.4   defense to payment on the check. 
108.5      Subd. 28.  [DISORDERLY HOUSE.] "Disorderly house" means a 
108.6   building, dwelling, place, establishment, or premises in which 
108.7   actions or conduct habitually occur in violation of laws 
108.8   relating to: 
108.9      (a) the sale of intoxicating liquor or 3.2 percent malt 
108.10  liquor; 
108.11     (b) gambling; 
108.12     (c) prostitution or acts relating to prostitution; or 
108.13     (d) the sale or possession of controlled substances. 
108.14     Subd. 29.  [DWELLING.] "Dwelling" means the building or 
108.15  part of a building used by an individual as a place of residence 
108.16  on either a full-time or a part-time basis.  A dwelling may be 
108.17  part of a multidwelling or multipurpose building, or a 
108.18  manufactured home as defined in section 168.011, subdivision 8. 
108.19     Subd. 30.  [ELECTRONIC INCAPACITATION DEVICE.] (a) 
108.20  "Electronic incapacitation device" means a portable device that 
108.21  is designed or intended by the manufacturer to be used, 
108.22  offensively or defensively, to temporarily immobilize or 
108.23  incapacitate persons by means of electric pulse or current, 
108.24  including devices operating by means of carbon dioxide 
108.25  propellant. 
108.26     (b) "Electronic incapacitation device" does not include a 
108.27  cattle prod, electric fence, or other electric device when used 
108.28  in an agricultural, animal husbandry, or food production 
108.29  activity. 
108.30     Subd. 31.  [ELECTRONIC MONITORING DEVICE.] "Electronic 
108.31  monitoring device" means a radio frequency transmitter unit worn 
108.32  at all times on the person of a defendant in conjunction with a 
108.33  receiver unit located in the victim's residence or on the 
108.34  victim's person.  The receiver unit emits an audible and visible 
108.35  signal whenever the defendant with a transmitter unit comes 
108.36  within a designated distance from the receiver unit. 
109.1      Subd. 32.  [ESCAPE.] "Escape" includes departure without 
109.2   lawful authority and failure to return to custody following 
109.3   temporary leave granted for a specific purpose or limited period.
109.4      Subd. 33.  [ESCAPES WHILE HELD IN LAWFUL CUSTODY.] "Escapes 
109.5   while held in lawful custody" includes absconding from 
109.6   electronic monitoring or absconding after removing an electronic 
109.7   monitoring device from the person's body. 
109.8      Subd. 34.  [EXPLOSIVE DEVICE.] (a) "Explosive device" means 
109.9   a device so articulated that an ignition by fire, friction, 
109.10  concussion, chemical reaction, or detonation of any part of the 
109.11  device may cause such sudden generation of highly heated gases 
109.12  that the resultant gaseous pressures are capable of producing 
109.13  destructive effects.  Explosive devices include, but are not 
109.14  limited to, bombs, grenades, rockets having a propellant charge 
109.15  of more than four ounces, mines, and fireworks modified for 
109.16  other than their intended purpose.  The term includes devices 
109.17  that produce a chemical reaction that produces gas capable of 
109.18  bursting its container and producing destructive effects. 
109.19     (b) "Explosive device" does not include firearms ammunition.
109.20     Subd. 35.  [FAMILY OR HOUSEHOLD MEMBERS.] (a) "Family or 
109.21  household members" means: 
109.22     (1) spouses and former spouses; 
109.23     (2) parents and children; 
109.24     (3) persons related by blood; 
109.25     (4) persons who are presently residing together or who have 
109.26  resided together in the past; 
109.27     (5) persons who have a child in common regardless of 
109.28  whether they have been married or have lived together at any 
109.29  time; 
109.30     (6) a man and woman if the woman is pregnant and the man is 
109.31  alleged to be the father, regardless of whether they have been 
109.32  married or have lived together at any time; and 
109.33     (7) persons involved in a significant romantic or sexual 
109.34  relationship. 
109.35     (b) Issuance of an order for protection on the ground in 
109.36  paragraph (a), clause (6), does not affect a determination of 
110.1   paternity under sections 257.51 to 257.74 (parentage act). In 
110.2   determining whether persons are or have been involved in a 
110.3   significant romantic or sexual relationship under paragraph (a), 
110.4   clause (7), the court shall consider the length of time of the 
110.5   relationship; type of relationship; frequency of interaction 
110.6   between the parties; and, if the relationship has terminated, 
110.7   length of time since the termination. 
110.8      Subd. 36.  [FINANCIAL TRANSACTION CARD.] "Financial 
110.9   transaction card" means any instrument or device, whether known 
110.10  as a credit card, credit plate, charge plate, courtesy card, 
110.11  bank services card, banking card, check guarantee card, debit 
110.12  card, electronic benefit system (EBS) card, electronic benefit 
110.13  transfer (EBT) card, assistance transaction card, or by any 
110.14  other name, issued with or without fee by an issuer for the use 
110.15  of the cardholder in obtaining credit, money, goods, services, 
110.16  public assistance benefits, or anything else of value, and 
110.17  includes the account or identification number or symbol of a 
110.18  financial transaction card. 
110.19     Subd. 37.  [FIREARM.] "Firearm" means: 
110.20     (a) any weapon that is designed to or may readily be 
110.21  converted to expel any projectile by the force of explosion or 
110.22  combustion; or 
110.23     (b) the frame or receiver of any such weapon. 
110.24     Subd. 38.  [FIREWORKS.] (a) "Fireworks" means any substance 
110.25  or combination of substances or article prepared for the purpose 
110.26  of producing a visible or an audible effect by combustion, 
110.27  explosion, deflagration, or detonation, and includes blank 
110.28  cartridges, toy cannons, and toy canes in which explosives are 
110.29  used, the type of balloons that require fire underneath to 
110.30  propel them, firecrackers, torpedoes, skyrockets, Roman candles, 
110.31  daygo bombs, sparklers, or other fireworks of like construction, 
110.32  and any fireworks containing any explosive or inflammable 
110.33  compound, or any tablets or other device containing any 
110.34  explosive substance and commonly used as fireworks. 
110.35     (b) "Fireworks" does not include toy pistols, toy guns, in 
110.36  which paper caps containing 25/100 grains or less of explosive 
111.1   compound are used and toy pistol caps that contain less than 
111.2   20/100 grains of explosive mixture. 
111.3      Subd. 39.  [FLAMMABLE LIQUID.] "Flammable liquid" means any 
111.4   liquid other than intoxicating liquor as defined in section 
111.5   340A.101, if the liquid has: 
111.6      (a) a flash point below 100 degrees Fahrenheit; and 
111.7      (b) a vapor pressure not exceeding 40 pounds per square 
111.8   inch (absolute) at 100 degrees Fahrenheit. 
111.9      Subd. 40.  [FORCE.] "Force" includes, but is not limited 
111.10  to, assault and coercion. 
111.11     Subd. 41.  [GREAT BODILY HARM.] "Great bodily harm" means 
111.12  bodily injury that: 
111.13     (a) creates a high probability of death; 
111.14     (b) causes serious permanent disfigurement; or 
111.15     (c) causes a permanent or protracted loss or impairment of 
111.16  the function of any bodily member or organ or other serious 
111.17  bodily harm. 
111.18     Subd. 42.  [HEARING OFFICER.] "Hearing officer" means any 
111.19  person authorized by law or private agreement to hear or 
111.20  determine a cause or controversy who is not a judicial officer. 
111.21     Subd. 43.  [INCENDIARY DEVICE.] (a) "Incendiary device" 
111.22  means a device so articulated that an ignition by fire, 
111.23  friction, concussion, detonation, or other method may produce 
111.24  destructive effects primarily through combustion rather than 
111.25  explosion. 
111.26     (b) "Incendiary device" does not include: 
111.27     (1) a manufactured device or article in common use by the 
111.28  general public that is designed to produce combustion for a 
111.29  lawful purpose, including but not limited to matches, lighters, 
111.30  flares, or devices commercially manufactured primarily for the 
111.31  purpose of illumination, heating, or cooking; or 
111.32     (2) firearms ammunition. 
111.33     Subd. 44.  [INTERMEDIATE SANCTIONS.] "Intermediate 
111.34  sanctions" includes but is not limited to incarceration in a 
111.35  local jail or workhouse, home detention, electronic monitoring, 
111.36  intensive probation, sentencing to service, reporting to a day 
112.1   reporting center, chemical dependency or mental health treatment 
112.2   or counseling, restitution, fines, day-fines, community work 
112.3   service, work in lieu of or to work off fines, and, with the 
112.4   victim's consent, work in lieu of or to work off restitution. 
112.5      Subd. 45.  [INTIMATE PARTS.] "Intimate parts" means the 
112.6   primary genital area, groin, inner thigh, buttocks, or breast of 
112.7   a human being. 
112.8      Subd. 46.  [ISSUER.] "Issuer" means a person, firm, or 
112.9   governmental agency, or a duly authorized agent or designee, 
112.10  that issues a document. 
112.11     Subd. 47.  [JUDICIAL OFFICER.] "Judicial officer" means a 
112.12  judge, court commissioner, referee, or any other person 
112.13  appointed by a judge or court to hear or determine a cause or 
112.14  controversy. 
112.15     Subd. 48.  [LOCAL CORRECTIONAL FEE.] "Local correctional 
112.16  fee" means a fee for local correctional services established by 
112.17  a local correctional agency under section 244.18. 
112.18     Subd. 49.  [LOSS.] "Loss" means the greatest of the 
112.19  following: 
112.20     (a) the retail market value of the property or services 
112.21  involved; 
112.22     (b) the reasonable repair or replacement cost, whichever is 
112.23  less; or 
112.24     (c) the reasonable value of the damage created by the 
112.25  unavailability or lack of utility of the property or services 
112.26  involved until repair or replacement can be effected. 
112.27     Subd. 50.  [MALTREATMENT.] "Maltreatment" means any of the 
112.28  following: 
112.29     (a) abuse under section 609D.43; 
112.30     (b) neglect under section 609D.45; or 
112.31     (c) financial exploitation under section 609H.91. 
112.32     Subd. 51.  [MALTREATMENT REPORT.] "Maltreatment report" 
112.33  means a statement concerning all the circumstances surrounding 
112.34  the alleged or suspected maltreatment of a vulnerable adult that 
112.35  are known to the reporter when the reporter makes the statement. 
112.36     Subd. 52.  [MINOR.] "Minor" means any person under the age 
113.1   of 18. 
113.2      Subd. 53.  [MOTOR VEHICLE.] "Motor vehicle" means a 
113.3   self-propelled device for moving persons or property or pulling 
113.4   implements from one place to another, whether the device is 
113.5   operated on land, rails, water, or in the air. 
113.6      Subd. 54.  [MOVABLE PROPERTY.] "Movable property" means 
113.7   property whose physical location can be changed, including 
113.8   without limitation things growing on, affixed to, or found in 
113.9   land. 
113.10     Subd. 55.  [PARK ZONE.] "Park zone" means: 
113.11     (a) an area designated as a public park by the federal 
113.12  government, the state, a local unit of government, a park 
113.13  district board, or a park and recreation board in a city of the 
113.14  first class; and 
113.15     (b) the area within 300 feet or one city block, whichever 
113.16  distance is greater, of the park boundary. 
113.17     Subd. 56.  [PEACE OFFICER.] "Peace officer" means: 
113.18     (a) an employee of a political subdivision or state law 
113.19  enforcement agency who is licensed by the Minnesota board of 
113.20  peace officer standards and training, charged with the 
113.21  prevention and detection of crime and the enforcement of the 
113.22  general criminal laws of the state and who has the full power of 
113.23  arrest, and shall also include the Minnesota state patrol and 
113.24  Minnesota conservation officers; or 
113.25     (b) a member of a duly organized state, county, or 
113.26  municipal law enforcement unit of another state charged with the 
113.27  duty to prevent and detect crime and generally enforce criminal 
113.28  laws, and granted full powers of arrest. 
113.29     Subd. 57.  [PERSON.] "Person" means any individual, 
113.30  corporation, firm, partnership, incorporated and unincorporated 
113.31  association, or any other legal, professional, or commercial 
113.32  entity. 
113.33     Subd. 58.  [PERSONAL INJURY.] "Personal injury" means 
113.34  bodily harm, severe mental anguish, or pregnancy. 
113.35     Subd. 59.  [PERSONAL PROPERTY.] (a) "Personal property" 
113.36  includes personal property, an interest in personal property, or 
114.1   a right, including a bank account, debt, corporate stock, 
114.2   patent, or copyright. 
114.3      (b) Personal property and a beneficial interest in personal 
114.4   property are deemed to be located where the trustee is, the 
114.5   personal property is, or the instrument evidencing the right is. 
114.6      Subd. 60.  [PISTOL.] (a) "Pistol" includes a weapon 
114.7   designed to be fired by the use of a single hand and with an 
114.8   overall length less than 26 inches, or having a barrel or 
114.9   barrels of a length less than 18 inches in the case of a 
114.10  shotgun, or having a barrel of a length less than 16 inches in 
114.11  the case of a rifle: 
114.12     (1) from which may be fired or ejected one or more solid 
114.13  projectiles by means of a cartridge or shell or by the action of 
114.14  an explosive or the igniting of flammable or explosive 
114.15  substances; or 
114.16     (2) for which the propelling force is a spring, elastic 
114.17  band, carbon dioxide, air or other gas, or vapor. 
114.18     (b) "Pistol" does not include: 
114.19     (1) a device firing or ejecting a shot measuring .18 of an 
114.20  inch, or less, in diameter and commonly known as a "BB gun"; 
114.21     (2) a scuba gun; 
114.22     (3) a stud gun or nail gun used in the construction 
114.23  industry; or 
114.24     (4) a child's pop gun or toy. 
114.25     Subd. 61.  [POLITICAL SUBDIVISION.] "Political subdivision" 
114.26  means a county, town, statutory or home rule charter city, 
114.27  school district, special service district, or other local 
114.28  governmental entity of the state of Minnesota. 
114.29     Subd. 62.  [POSITION OF AUTHORITY.] "Position of authority" 
114.30  means the circumstances under which an individual is charged, no 
114.31  matter how briefly, whether by delegation or otherwise, with 
114.32  rights, duties or responsibilities for the health, welfare or 
114.33  supervision of another individual. 
114.34     Subd. 63.  [PREMISES.] "Premises" means real property and 
114.35  any appurtenant building or structure. 
114.36     Subd. 64.  [PRINCIPAL.] "Principal" means a person who 
115.1   personally engages in conduct constituting a violation or who is 
115.2   criminally liable under section 609A.11 (liability for offense 
115.3   committed by another) for the conduct of another constituting a 
115.4   violation. 
115.5      Subd. 65.  [PROPERTY.] "Property" means all forms of 
115.6   tangible property, whether real or personal, without limitation 
115.7   including documents of value, electricity, gas, water, corpses, 
115.8   cremated remains, domestic animals, dogs, pets, fowl, and heat 
115.9   supplied by pipe or conduit by political subdivisions or public 
115.10  utility companies and articles representing trade secrets, which 
115.11  articles shall be deemed to include any trade secret represented 
115.12  by the article. 
115.13     Subd. 66.  [PROPERTY OF ANOTHER.] (a) "Property of another" 
115.14  means a building or other property, whether real or personal, in 
115.15  which a person other than the accused has an interest which the 
115.16  accused has no authority to defeat or impair even though the 
115.17  accused may also have an interest in the building or property. 
115.18     (b) "Property of another" includes property in which the 
115.19  actor is co-owner or has a lien, pledge, bailment, or lease or 
115.20  other subordinate interest, property transferred by the actor in 
115.21  circumstances which are known to the actor and which make the 
115.22  transfer fraudulent as defined in section 513.44, and property 
115.23  of a partnership of which the actor is a member, unless the 
115.24  actor and the victim are husband and wife.  It does not include 
115.25  property in which the actor asserts in good faith a claim as a 
115.26  collection fee or commission out of property or funds recovered, 
115.27  or by virtue of a lien, setoff, or counterclaim. 
115.28     Subd. 67.  [PROSECUTING AUTHORITY.] For purposes of 
115.29  sections 609J.95 to 609J.97 and 609M.71 to 609M.77 
115.30  (racketeering), "prosecuting authority" means the office of a 
115.31  county attorney or office of the attorney general. 
115.32     Subd. 68.  [PUBLIC ASSISTANCE BENEFIT.] "Public assistance 
115.33  benefit" means any money, goods, or services, or anything else 
115.34  of value, issued under chapters 256, 256B, 256D, or section 
115.35  393.07, subdivision 10. 
115.36     Subd. 69.  [PUBLIC EMPLOYEE.] (a) "Public employee" means a 
116.1   person employed by or acting for the state, a governmental 
116.2   instrumentality of the state, or a political subdivision for the 
116.3   purpose of exercising the powers and performing the duties 
116.4   thereof, and who is not a public officer. 
116.5      (b) A person who has been appointed or otherwise designated 
116.6   as a public employee is considered to be a public employee 
116.7   although the person has not yet qualified for or entered upon 
116.8   the duties of the employment. 
116.9      Subd. 70.  [PUBLIC HOUSING ZONE.] "Public housing zone" 
116.10  means: 
116.11     (a) any public housing project or development administered 
116.12  by a local housing agency; and 
116.13     (b) the area within 300 feet or one city block, whichever 
116.14  distance is greater, of the property's boundary. 
116.15     Subd. 71.  [PUBLIC OFFICER.] (a) "Public officer" means: 
116.16     (1) an executive or administrative officer of the state, 
116.17  agency of the state, or political subdivision; 
116.18     (2) a member of the legislature or of a governing board of 
116.19  a political subdivision or other governmental instrumentality 
116.20  within the state; 
116.21     (3) a judicial officer; 
116.22     (4) a hearing officer; 
116.23     (5) a peace officer; 
116.24     (6) a member of the National Guard; or 
116.25     (7) any other person exercising the functions of a public 
116.26  officer. 
116.27     (b) A person who has been elected, appointed, or otherwise 
116.28  designated as a public officer is considered to be a public 
116.29  officer although the person has not yet qualified for or entered 
116.30  upon the duties of the office. 
116.31     Subd. 72.  [PUBLIC PLACE.] "Public place" means a public 
116.32  street or sidewalk, a pedestrian skyway system, a hotel, motel, 
116.33  or other place of public accommodation, or a place licensed to 
116.34  sell intoxicating liquor, wine, nonintoxicating malt beverages, 
116.35  or food. 
116.36     Subd. 73.  [REAL PROPERTY.] (a) "Real property" means any 
117.1   real property or an interest in real property, including a lease 
117.2   of, or mortgage on, real property. 
117.3      (b) A beneficial interest in real property is deemed to be 
117.4   located where the real property is located. 
117.5      Subd. 74.  [REASONABLE ASSISTANCE.] "Reasonable assistance" 
117.6   means aid appropriate to the circumstances, and includes 
117.7   obtaining or attempting to obtain assistance from a conservation 
117.8   officer, peace officer, member of the National Guard or United 
117.9   States armed forces, or medical personnel. 
117.10     Subd. 75.  [REPLICA FIREARM.] "Replica firearm" means a 
117.11  device or object that is not defined as a dangerous weapon, and 
117.12  that is a facsimile or toy version of, and reasonably appears to 
117.13  be a pistol, revolver, shotgun, sawed-off shotgun, rifle, 
117.14  machine gun, rocket launcher, or any other firearm.  "Replica 
117.15  firearm" includes, but is not limited to, devices or objects 
117.16  that are designed to fire only blanks. 
117.17     Subd. 76.  [REPRESENTING.] "Representing" means describing, 
117.18  depicting, containing, constituting, reflecting, or recording. 
117.19     Subd. 77.  [RESTITUTION.] (a) "Restitution" means: 
117.20     (1) payment of compensation to the victim or the victim's 
117.21  family; and 
117.22     (2) if the victim is deceased or already has been fully 
117.23  compensated, payment of money to a victim assistance program or 
117.24  other program directed by the court. 
117.25     (b) In controlled substance crime cases, "restitution" also 
117.26  includes payment of compensation to a government entity that 
117.27  incurs loss as a direct result of the controlled substance crime.
117.28     Subd. 78.  [SCHOOL PROPERTY.] "School property" means: 
117.29     (a) any property owned, leased, or controlled by a school 
117.30  district or an organization operating a nonpublic school, as 
117.31  defined in section 123.932, subdivision 3, where an elementary, 
117.32  middle, secondary school, secondary vocational center or other 
117.33  school providing educational services in grade one through grade 
117.34  12 is located, or used for educational purposes, or where 
117.35  extracurricular or cocurricular activities are regularly 
117.36  provided; and 
118.1      (b) the area within a school bus when that bus is being 
118.2   used to transport one or more elementary or secondary school 
118.3   students. 
118.4      Subd. 79.  [SCHOOL ZONE.] "School zone" means: 
118.5      (a) any property owned, leased, or controlled by a school 
118.6   district or an organization operating a nonpublic school, as 
118.7   defined in section 123.932, subdivision 3, where an elementary, 
118.8   middle, secondary school, secondary vocational center or other 
118.9   school providing educational services in grade one through grade 
118.10  12 is located, or used for educational purposes, or where 
118.11  extracurricular or cocurricular activities are regularly 
118.12  provided; 
118.13     (b) the area surrounding school property as described in 
118.14  paragraph (a) to a distance of 300 feet or one city block, 
118.15  whichever distance is greater, beyond the school property; and 
118.16     (c) the area within a school bus when that bus is being 
118.17  used to transport one or more elementary or secondary school 
118.18  students. 
118.19     Subd. 80.  [SECURITY INTEREST.] "Security interest" means 
118.20  an interest in property that secures payment or other 
118.21  performance of an obligation. 
118.22     Subd. 81.  [SERIOUS COMMUNICABLE DISEASE.] "Serious 
118.23  communicable disease" means a disease or condition: 
118.24     (a) that causes serious illness, serious disability, or 
118.25  death; and 
118.26     (b) the infectious agent of which may pass or be carried 
118.27  from the body of one person to the body of another through 
118.28  direct transmission. 
118.29     Subd. 82.  [SERVICES.] "Services" include but are not 
118.30  limited to labor, professional services, transportation 
118.31  services, electronic computer services, the supplying of hotel 
118.32  accommodations, restaurant services, entertainment services, 
118.33  advertising services, telecommunication services, and the 
118.34  supplying of equipment for use. 
118.35     Subd. 83.  [SEXUAL PENETRATION.] "Sexual penetration" means 
118.36  any of the following acts committed without the complainant's 
119.1   consent, except in those cases where consent is not a defense, 
119.2   whether or not emission of semen occurs: 
119.3      (1) sexual intercourse, cunnilingus, fellatio, or anal 
119.4   intercourse; or 
119.5      (2) any intrusion however slight into the genital or anal 
119.6   openings: 
119.7      (i) of the complainant's body by any part of the actor's 
119.8   body or any object used by the actor for this purpose; 
119.9      (ii) of the complainant's body by any part of the body of 
119.10  the complainant, by any part of the body of another person, or 
119.11  by any object used by the complainant or another person for this 
119.12  purpose, when effected by coercion or the use of a position of 
119.13  authority, or by inducement if the complainant is under 13 years 
119.14  of age or mentally impaired; or 
119.15     (iii) of the body of the actor or another person by any 
119.16  part of the body of the complainant or by any object used by the 
119.17  complainant for this purpose, when effected by coercion or the 
119.18  use of a position of authority, or by inducement if the 
119.19  complainant is under 13 years of age or mentally impaired. 
119.20     Subd. 84.  [SHOTGUN.] "Shotgun" means a weapon designed, 
119.21  redesigned, made or remade, that: 
119.22     (a) is intended to be fired from the shoulder; and 
119.23     (b) uses the energy of the explosive in a fixed shotgun 
119.24  shell to fire through a smooth bore for each pull of the trigger 
119.25  either: 
119.26     (1) a number of ball shot; or 
119.27     (2) a single projectile. 
119.28     Subd. 85.  [SOLICIT.] "Solicit" means to command, entreat, 
119.29  or attempt to persuade a specific person. 
119.30     Subd. 86.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
119.31  harm" means bodily injury that: 
119.32     (a) involves a temporary but substantial disfigurement; 
119.33     (b) causes a temporary but substantial loss or impairment 
119.34  of the function of any bodily member or organ; or 
119.35     (c) causes a fracture of any bodily member. 
119.36     Subd. 87.  [TIMBER.] "Timber" means trees, whether standing 
120.1   or down, that will produce forest products of value including 
120.2   logs, posts, poles, bolts, pulpwood, cordwood, lumber, and 
120.3   decorative material. 
120.4      Subd. 88.  [TOBACCO.] "Tobacco" means cigarettes; cigars; 
120.5   cheroots; stogies; perique; granulated, plug cut, crimp cut, 
120.6   ready rubbed, and other smoking tobacco; snuff; snuff flour; 
120.7   cavendish; plug and twist tobacco; fine cut and other chewing 
120.8   tobaccos; shorts; refuse scraps, clippings, cuttings and 
120.9   sweepings of tobacco; and other kinds and forms of tobacco, 
120.10  prepared in such manner as to be suitable for chewing or smoking 
120.11  in a pipe or other tobacco-related devices. 
120.12     Subd. 89.  [TOBACCO RELATED DEVICES.] "Tobacco related 
120.13  devices" means cigarette papers or pipes for smoking. 
120.14     Subd. 90.  [TOXIC SUBSTANCE.] "Toxic substance" means: 
120.15     (a) glue, cement, or aerosol paint containing toluene, 
120.16  benzene, xylene, amyl nitrate, butyl nitrate, nitrous oxide, or 
120.17  containing other aromatic hydrocarbon solvents, but does not 
120.18  include glue, cement, or paint contained in a packaged kit for 
120.19  the construction of a model automobile, airplane, or similar 
120.20  item; 
120.21     (b) butane or a butane lighter; or 
120.22     (c) any similar substance declared to be toxic to the 
120.23  central nervous system and to have a potential for abuse, by a 
120.24  rule adopted by the commissioner of health under chapter 14. 
120.25     Subd. 91.  [TRADE SECRET.] "Trade secret" means 
120.26  information, including a formula, pattern, compilation, program, 
120.27  device, method, technique, or process, that: 
120.28     (a) derives independent economic value, actual or 
120.29  potential, from not being generally known to, and not being 
120.30  readily ascertainable by proper means by, other persons who can 
120.31  obtain economic value from its disclosure or use; and 
120.32     (b) is the subject of efforts that are reasonable under the 
120.33  circumstances to maintain its secrecy. 
120.34     Subd. 92.  [TRANSFER.] "Transfer" means a sale, gift, loan, 
120.35  assignment, or other delivery to another, whether or not for 
120.36  consideration. 
121.1      Subd. 93.  [TRIGGER ACTIVATOR.] "Trigger activator" means a 
121.2   removable manual or power driven trigger activating device 
121.3   constructed and designed so that, when attached to a firearm, 
121.4   the rate at which the trigger may be pulled increases and the 
121.5   rate of fire of the firearm increases to that of a machine gun. 
121.6      Subd. 94.  [UNBORN CHILD.] "Unborn child" means the unborn 
121.7   offspring of a human being conceived, but not yet born. 
121.8      Subd. 95.  [VALUE.] (a) "Value" means the retail market 
121.9   value at the time the offense is committed, or if the retail 
121.10  market value cannot be ascertained, the cost of replacing the 
121.11  property within a reasonable time after the offense is committed.
121.12     (b) In the case of a theft or the making of a copy of an 
121.13  article representing a trade secret, where the retail market 
121.14  value or replacement cost cannot be ascertained, "value" means 
121.15  any reasonable value representing the damage to the owner that 
121.16  the owner has suffered by reason of losing an advantage over 
121.17  those who do not know of or use the trade secret. 
121.18     (c) For a check, draft, or other order for the payment of 
121.19  money, "value" means the amount of money promised or ordered to 
121.20  be paid under the terms of the check, draft, or other order. 
121.21     (d) For a theft committed within the meaning of section 
121.22  609G.11, subdivision 9, paragraph (a) or (b), if the property 
121.23  has been restored to the owner, "value" means the value of the 
121.24  use of the property or the damage that it sustained, whichever 
121.25  is greater, while the owner was deprived of its possession, but 
121.26  not exceeding the value otherwise provided herein. 
121.27     Subd. 96.  [VICTIM ASSISTANCE PROGRAM.] "Victim assistance 
121.28  program" means victim witness programs within county attorney 
121.29  offices or any of the following programs: crime victim crisis 
121.30  centers, victim-witness programs, battered women shelters and 
121.31  nonshelter programs, and sexual assault programs. 
121.32     Subd. 97.  [VULNERABLE ADULT.] "Vulnerable adult" means any 
121.33  person 18 years of age or older who: 
121.34     (a) is a resident inpatient of a vulnerable-adult facility; 
121.35     (b) receives services at or from a vulnerable-adult 
121.36  facility required to be licensed to serve adults under sections 
122.1   245A.01 to 245A.15, except that a person receiving outpatient 
122.2   services for treatment of chemical dependency or mental illness, 
122.3   or a person committed as a sexual psychopathic personality or as 
122.4   a sexually dangerous person under chapter 253B, is not 
122.5   considered a vulnerable adult unless the person meets the 
122.6   requirements of paragraph (d); 
122.7      (c) receives services from a home care provider required to 
122.8   be licensed under section 144A.46; or from a person or 
122.9   organization that exclusively offers, provides, or arranges for 
122.10  personal care assistant services under the medical assistance 
122.11  program as authorized under sections 256B.04, subdivision 16, 
122.12  256B.0625, subdivision 19a, and 256B.0627; or 
122.13     (d) regardless of residence or whether any type of service 
122.14  is received: 
122.15     (1) possesses a physical or mental infirmity or other 
122.16  physical, mental, or emotional dysfunction that impairs the 
122.17  individual's ability to provide adequately for the individual's 
122.18  own care without assistance, including the provision of food, 
122.19  shelter, clothing, health care, or supervision; and 
122.20     (2) because of the dysfunction or infirmity and the need 
122.21  for assistance, has an impaired ability to protect the 
122.22  individual from maltreatment. 
122.23     Subd. 98.  [VULNERABLE-ADULT CAREGIVER.] "Vulnerable-adult 
122.24  caregiver" means an individual or facility who has 
122.25  responsibility for the care of a vulnerable adult as a result of 
122.26  a family relationship, or who has assumed responsibility for all 
122.27  or a portion of the care of a vulnerable adult voluntarily, by 
122.28  contract, or by agreement. 
122.29     Subd. 99.  [VULNERABLE-ADULT FACILITY.] (a) 
122.30  "Vulnerable-adult facility" means: 
122.31     (1) a hospital or other entity required to be licensed 
122.32  under sections 144.50 to 144.58; 
122.33     (2) a nursing home required to be licensed to serve adults 
122.34  under section 144A.02; 
122.35     (3) a home care provider licensed or required to be 
122.36  licensed under section 144A.46; 
123.1      (4) a residential or nonresidential facility required to be 
123.2   licensed to serve adults under sections 245A.01 to 245A.16; or 
123.3      (5) a person or organization that exclusively offers, 
123.4   provides, or arranges for personal care assistant services under 
123.5   the medical assistance program as authorized under sections 
123.6   256B.04, subdivision 16, 256B.0625, subdivision 19a, and 
123.7   256B.0627. 
123.8      (b) For home care providers and personal care attendants, 
123.9   the term "vulnerable-adult facility" refers to the provider or 
123.10  person or organization that exclusively offers, provides, or 
123.11  arranges for personal care services, and does not refer to the 
123.12  client's home or other location at which services are rendered. 
123.13     Subd. 100.  [VULNERABLE-ADULT FACILITY OPERATOR.] 
123.14  "Vulnerable-adult facility operator" means any person whose 
123.15  duties and responsibilities evidence actual control of 
123.16  administrative activities or authority for the decision making 
123.17  of or by a vulnerable-adult facility. 
123.18     Subd. 101.  [VULNERABLE-ADULT THERAPEUTIC CONDUCT.] 
123.19  "Vulnerable-adult therapeutic conduct" means the provision of 
123.20  program services, health care, or other personal care services 
123.21  done in good faith in the interests of the vulnerable adult by: 
123.22     (a) an individual, vulnerable-adult facility or employee, 
123.23  or person providing services in a vulnerable-adult facility 
123.24  under the rights, privileges, and responsibilities conferred by 
123.25  state license, certification, or registration; or 
123.26     (b) a vulnerable-adult caregiver. 
123.27     Subd. 102.  [WEAPON.] "Weapon" includes tear gas, a tear 
123.28  gas compound, or an electronic incapacitation device when it is 
123.29  used in the commission of a crime. 
123.30     Sec. 4.  [609A.07] [OFFENSE AND PRIOR OFFENSE DEFINITIONS.] 
123.31     Subdivision 1.  [CHILD ABUSE.] "Child abuse" means an act 
123.32  committed against a minor victim that constitutes a violation of 
123.33  the following laws of this state or any similar laws of the 
123.34  United States or any other state:  section 609C.21 (assault); 
123.35  609C.511 to 609C.517 (first to fourth degree criminal sexual 
123.36  conduct); 609D.33 (maliciously punishing child); 609D.31 
124.1   (neglecting or endangering child); or 609D.61 (terroristic 
124.2   conduct). 
124.3      Subd. 2.  [CRIME.] "Crime" means conduct prohibited by 
124.4   statute for which statute authorizes a sentence of 
124.5   incarceration, with or without a fine. 
124.6      Subd. 3.  [DISQUALIFYING CRIME.] (a) "Disqualifying crime" 
124.7   includes committing or attempting to commit any of the following 
124.8   offenses, as each of the offenses is defined in the criminal 
124.9   code: 
124.10     (1) murder; 
124.11     (2) manslaughter; 
124.12     (3) aiding suicide; 
124.13     (4) aiding attempted suicide; 
124.14     (5) first to fourth degree felony violations of assault; 
124.15     (6) assault motivated by bias under sections 609C.216 and 
124.16  609C.217, subdivision 1, paragraph (a); 
124.17     (7) drive-by shooting; 
124.18     (8) terroristic conduct; 
124.19     (9) using drug to injure or facilitate crime; 
124.20     (10) crime committed for the benefit of a gang; 
124.21     (11) commission of a crime while wearing or possessing a 
124.22  bullet-resistant vest; 
124.23     (12) robbery; 
124.24     (13) kidnapping; 
124.25     (14) false imprisonment; 
124.26     (15) criminal sexual conduct in the first, second, third, 
124.27  and fourth degree; 
124.28     (16) theft of a firearm; 
124.29     (17) felony theft involving the intentional taking or 
124.30  driving of a motor vehicle without the consent of the owner or 
124.31  the authorized agent of the owner; 
124.32     (18) felony theft involving the taking of property from a 
124.33  burning, abandoned, or vacant building, or from an area of 
124.34  destruction caused by civil disaster, riot, bombing, or the 
124.35  proximity of battle; 
124.36     (19) felony theft involving the theft of a controlled 
125.1   substance, an explosive, or an incendiary device; 
125.2      (20) arson in the first and second degree; 
125.3      (21) riot; 
125.4      (22) burglary; 
125.5      (23) harassment and stalking; 
125.6      (24) shooting at or in a public transit vehicle or 
125.7   facility; 
125.8      (25) reckless use of a gun or dangerous weapon; 
125.9      (26) intentionally pointing a gun at or towards a human 
125.10  being; 
125.11     (27) setting a spring gun; and 
125.12     (28) unlawfully owning, possessing, operating a machine gun 
125.13  or short-barreled shotgun. 
125.14     (b) "Disqualifying crime" also includes felony violations 
125.15  of the following: 
125.16     (1) malicious punishment of a child; 
125.17     (2) neglect or endangerment of a child; and 
125.18     (3) chapter 609F (controlled substances). 
125.19     (c) "Disqualifying crime" also includes assault against a 
125.20  family or household member when committed within the last three 
125.21  years or while an order for protection is active against the 
125.22  person, whichever period is longer. 
125.23     Subd. 4.  [DOMESTIC ABUSE.] "Domestic abuse" means an act 
125.24  that: 
125.25     (a) constitutes a violation of section 609C.21 (assault), 
125.26  609C.511 to 609C.517 (first to fourth degree criminal sexual 
125.27  conduct), or 609D.61 (terroristic conduct), or any similar laws 
125.28  of the United States or any other state; and 
125.29     (b) is committed against the victim who is a family or 
125.30  household member. 
125.31     Subd. 5.  [ENHANCING THEFT-RELATED OFFENSE.] "Enhancing 
125.32  theft-related offense" means an offense under section 256.98 
125.33  (wrongfully obtaining assistance); 268.18, subdivision 3 
125.34  (fraudulently obtaining unemployment compensation); 609C.81 
125.35  (robbery); 609G.11 (theft); 609G.23 (possessing stolen 
125.36  property); 609G.31 (issuing dishonored check); 609G.35 (forged 
126.1   check); 609G.41 (financial transaction card fraud); 609H.311 to 
126.2   609H.315 (felony burglary); 609H.81 (aggravated forgery); 
126.3   609H.83 (forgery), or a statute from another state in conformity 
126.4   with any of those sections, if the person received: 
126.5      (a) a felony, gross misdemeanor, or first degree 
126.6   misdemeanor sentence for the offense; or 
126.7      (b) a sentence that was stayed under section 609A.65 if the 
126.8   offense to which a plea was entered would allow imposition of a 
126.9   felony, gross misdemeanor, or first degree misdemeanor sentence. 
126.10     Subd. 6.  [FELONY.] "Felony" means a crime for which 
126.11  statute authorizes a sentence of imprisonment for more than one 
126.12  year, with or without a fine. 
126.13     Subd. 7.  [FIRST DEGREE MISDEMEANOR.] "First degree 
126.14  misdemeanor" means a crime for which statute authorizes a 
126.15  sentence of incarceration for not more than 180 days, with or 
126.16  without a fine. 
126.17     Subd. 8.  [GROSS MISDEMEANOR.] "Gross misdemeanor" means a 
126.18  crime for which statute authorizes a sentence of incarceration 
126.19  for not more than one year, with or without a fine. 
126.20     Subd. 9.  [HEINOUS CRIME.] (a) "Heinous crime" means: 
126.21     (1) a violation or attempted violation of section 609C.113 
126.22  or 609C.115 (first or second degree murder); 
126.23     (2) a violation of section 609C.117 (third degree murder) 
126.24  or 609C.211 (first degree felony assault); or 
126.25     (3) a violation of section 609C.511 to 609C.515 (first to 
126.26  third degree criminal sexual conduct), if the offense is 
126.27  committed with force or violence. 
126.28     (b) "Previous conviction for a heinous crime" means a 
126.29  conviction in Minnesota of a heinous crime or a conviction 
126.30  elsewhere for conduct that would have been a heinous crime under 
126.31  this chapter if committed in Minnesota.  The term includes any 
126.32  conviction that occurred before the commission of the present 
126.33  offense of conviction, but does not include a conviction if 15 
126.34  years have elapsed since the person was discharged from the 
126.35  sentence imposed for the offense. 
126.36     Subd. 10.  [INFRACTION.] "Infraction" means an offense that 
127.1   does not constitute a crime and for which statute authorizes a 
127.2   fine but not incarceration. 
127.3      Subd. 11.  [MISDEMEANOR.] "Misdemeanor" means a first 
127.4   degree misdemeanor, a second degree misdemeanor, or a third 
127.5   degree misdemeanor. 
127.6      Subd. 12.  [OFFENSE.] "Offense" means conduct prohibited by 
127.7   statute for which statute authorizes either: 
127.8      (a) a sentence of incarceration, with or without a fine; or 
127.9      (b) a fine. 
127.10     Subd. 13.  [PREDATORY CRIME.] "Predatory crime" means a 
127.11  felony violation of section 609C.11 (murder); 609C.15 
127.12  (manslaughter); 609C.211 to 609C.213 (first to third degree 
127.13  felony assault); 609C.511 to 609C.517 (first to fourth degree 
127.14  criminal sexual conduct); 609C.81 (robbery); 609D.11 
127.15  (kidnapping); 609D.13 (false imprisonment); 609H.111 (first 
127.16  degree felony arson); 609H.311 (first degree felony burglary); 
127.17  609K.73 (witness tampering); or 609L.57 (incest). 
127.18     Subd. 14.  [PRIOR CONVICTION.] "Prior conviction" means a 
127.19  conviction that occurred before the offender committed the next 
127.20  offense resulting in a conviction and before the offense for 
127.21  which the offender is currently being sentenced. 
127.22     Subd. 15.  [SECOND DEGREE MISDEMEANOR.] "Second degree 
127.23  misdemeanor" means a crime for which statute authorizes a 
127.24  sentence of incarceration for not more than 90 days, with or 
127.25  without a fine. 
127.26     Subd. 16.  [SECOND OR SUBSEQUENT VIOLATION OR 
127.27  OFFENSE.] "Second or subsequent violation" or "second or 
127.28  subsequent offense" means that before committing the violation 
127.29  or offense, the actor was adjudicated guilty of a specified 
127.30  similar violation or offense. 
127.31     Subd. 17.  [THIRD DEGREE MISDEMEANOR.] "Third degree 
127.32  misdemeanor" means a crime for which statute authorizes a 
127.33  sentence of incarceration for not more than 30 days, with or 
127.34  without a fine. 
127.35     Subd. 18.  [VIOLENT CRIME.] "Violent crime" means a 
127.36  violation of or an attempt or conspiracy to violate any of the 
128.1   following laws of this state or any similar laws of the United 
128.2   States or any other state: 
128.3      (a) 169B.111 to 169B.113 (criminal vehicular operation); 
128.4   169C.111 to 169C.113 (felony gross negligence); 609A.573 (felony 
128.5   committing crime for benefit of gang); 609C.11 (murder); 609C.15 
128.6   (manslaughter); 609C.211 to 609C.214 (first to fourth degree 
128.7   felony assault); 609C.41 (murder of unborn child); 609C.43 
128.8   (manslaughter of unborn child); 609C.453 or 609C.455 (felony 
128.9   assault of unborn child); 609C.47 (causing death or injury to 
128.10  unborn child in commission of crime); 609C.511 to 609C.517 
128.11  (first to fourth degree criminal sexual conduct); 609C.81 
128.12  (robbery); 609D.11 (kidnapping); 609D.13 (false imprisonment); 
128.13  609D.313 (felony neglecting or endangering child); 609D.333 or 
128.14  609D.335 (felony maliciously punishing child); 609D.633 or 
128.15  609D.635 (felony harassment); 609E.35 (drive-by shooting); 
128.16  609E.823 or 609E.825 (felony certain person possessing firearm); 
128.17  609E.39 (shooting at or in transit vehicle or facility); 609F.25 
128.18  (causing great bodily harm by distributing controlled 
128.19  substance); 609H.111 or 609H.112 (first or second degree felony 
128.20  arson); 609H.311 (first degree felony burglary); 609J.45 
128.21  (adulteration); or 609K.733 (felony witness tampering); or 
128.22     (b) any provision of chapter 609F (controlled substances) 
128.23  that is punishable by a maximum sentence of 15 years or more. 
128.24     Sec. 5.  [609A.09] [MENTAL STATE PRINCIPLES AND 
128.25  DEFINITIONS.] 
128.26     Subdivision 1.  [GENERALLY.] When criminal intent is an 
128.27  element of a crime in the criminal code, the intent is indicated 
128.28  by the term "intentionally," the phrase "with intent to," the 
128.29  phrase "with intent that," or some form of the verb "know" or 
128.30  "believe." 
128.31     Subd. 2.  [INTENTIONALLY.] "Intentionally" means that the 
128.32  actor either has a purpose to do the thing or cause the result 
128.33  specified or believes that the act performed by the actor, if 
128.34  successful, will cause that result.  In addition, except as 
128.35  provided in subdivision 6, the actor must have knowledge of 
128.36  those facts that are necessary to make the actor's conduct 
129.1   criminal and that are set forth after the word "intentionally." 
129.2      Subd. 3.  [KNOW; KNOWINGLY; KNOWINGLY HARBORS AN INFECTIOUS 
129.3   AGENT.] (a) "Know" requires only that the actor believes that 
129.4   the specified fact exists. 
129.5      (b) For purposes of section 609L.45 (disseminating, 
129.6   displaying, or exhibiting harmful material to minor), "knowingly"
129.7   means having general knowledge of, or reason to know, or a 
129.8   belief or ground for belief that warrants further inspection or 
129.9   inquiry or both of: 
129.10     (1) the character and content of any material that is 
129.11  reasonably susceptible of examination by the defendant; and 
129.12     (2) the age of the minor, provided however that an honest 
129.13  mistake is an excuse from liability if the defendant made a 
129.14  reasonable bona fide attempt to ascertain the true age of the 
129.15  minor. 
129.16     (c) "Knowingly harbors an infectious agent" means having 
129.17  received from a physician or other health professional: 
129.18     (1) advice that the person harbors an infectious agent for 
129.19  a communicable disease; 
129.20     (2) educational information about behavior that might 
129.21  transmit the infectious agent; and 
129.22     (3) instruction of practical means of preventing such 
129.23  transmission. 
129.24     Subd. 4.  [WITH INTENT TO OR WITH INTENT THAT.] "With 
129.25  intent to" or "with intent that" means that the actor either has 
129.26  a purpose to do the thing or cause the result specified or 
129.27  believes that the act, if successful, will cause that result. 
129.28     Subd. 5.  [KNOWLEDGE OF STATUTE'S EXISTENCE, 
129.29  CONSTITUTIONALITY, OR MEANING NOT REQUIRED.] Criminal intent 
129.30  does not require proof of knowledge of the existence or 
129.31  constitutionality of the statute under which the actor is 
129.32  prosecuted or the scope or meaning of the terms used in that 
129.33  statute. 
129.34     Subd. 6.  [KNOWLEDGE OF AGE NOT REQUIRED.] Criminal intent 
129.35  does not require proof of knowledge of the age of a minor even 
129.36  though age is a material element in the crime in question. 
130.1      Subd. 7.  [PREMEDITATION.] "Premeditation" means to 
130.2   consider, plan, prepare for, or determine to commit an act prior 
130.3   to its commission. 
130.4                        LIABILITY AND DEFENSES
130.5      Sec. 6.  [609A.11] [LIABILITY FOR OFFENSE COMMITTED BY 
130.6   ANOTHER.] 
130.7      Subdivision 1.  [AIDING, ADVISING, CONSPIRING, OR 
130.8   PROCURING.] A person is criminally liable for an offense 
130.9   committed by another if the person intentionally aids, advises, 
130.10  hires, counsels, or conspires with or otherwise procures the 
130.11  other to commit the offense. 
130.12     Subd. 2.  [OFFENSE REASONABLY FORESEEABLE AS PROBABLE 
130.13  CONSEQUENCE.] A person liable under subdivision 1 is also liable 
130.14  for any other offense committed in pursuance of the intended 
130.15  offense if the other offense was reasonably foreseeable by the 
130.16  person as a probable consequence of committing or attempting to 
130.17  commit the intended offense. 
130.18     Subd. 3.  [ABANDONMENT.] A person who intentionally aids, 
130.19  advises, hires, counsels, or conspires with or otherwise 
130.20  procures another to commit an offense and thereafter abandons 
130.21  that purpose and makes a reasonable effort to prevent the 
130.22  commission of the offense before its commission is not liable if 
130.23  the offense is thereafter committed. 
130.24     Subd. 4.  [CONVICTION PERMITTED ALTHOUGH OTHER PERSON NOT 
130.25  CONVICTED.] A person liable under this section may be charged 
130.26  with and convicted of the offense although the person who 
130.27  directly committed it: 
130.28     (a) has not been convicted; 
130.29     (b) has been convicted of some other degree of the offense 
130.30  or of some other offense based on the same act; or 
130.31     (c) is a juvenile who has not been found delinquent for the 
130.32  act. 
130.33     Subd. 5.  [VIOLATION BY JUVENILE.] For purposes of this 
130.34  section, an offense includes an act committed by a juvenile that 
130.35  would be a crime if committed by an adult. 
130.36     Sec. 7.  [609A.13] [LIABILITY OF CHILDREN.] 
131.1      Subdivision 1.  [GENERAL RULE.] Children under the age of 
131.2   14 years are incapable of committing crime. 
131.3      Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
131.4   provided in paragraph (b), a child of the age of 14 years or 
131.5   over but under 18 years may be prosecuted for a felony offense 
131.6   if the alleged violation is duly certified for prosecution under 
131.7   the laws and court procedures controlling adult criminal 
131.8   violations or may be designated an extended jurisdiction 
131.9   juvenile in accordance with the provisions of chapter 260.  A 
131.10  child 16 years of age or older but under 18 years of age is 
131.11  capable of committing a crime and may be prosecuted for a felony 
131.12  if: 
131.13     (1) the child was previously: 
131.14     (i) certified on a felony charge pursuant to a hearing 
131.15  under section 260.125, subdivision 2, or pursuant to the waiver 
131.16  of the right to such a hearing; or 
131.17     (ii) prosecuted pursuant to this subdivision; and 
131.18     (2) the child was convicted of the felony offense or 
131.19  offenses for which the child was prosecuted or of a lesser 
131.20  included felony offense. 
131.21     (b) A child who is alleged to have committed murder in the 
131.22  first degree after becoming 16 years of age is capable of 
131.23  committing a crime and may be prosecuted for the felony.  This 
131.24  paragraph does not apply to a child alleged to have committed 
131.25  attempted murder in the first degree after becoming 16 years of 
131.26  age. 
131.27     Sec. 8.  [609A.15] [AUTHORIZED USE OF FORCE.] 
131.28     Subdivision 1.  [WHEN AUTHORIZED.] Except as otherwise 
131.29  provided in subdivision 2, a person may use reasonable force 
131.30  upon or toward the person of another without the other's consent 
131.31  when the following circumstances exist or the actor reasonably 
131.32  believes them to exist: 
131.33     (a) when used by a public officer or one assisting a public 
131.34  officer under the public officer's direction: 
131.35     (1) in effecting a lawful arrest; 
131.36     (2) in executing legal process; 
132.1      (3) in enforcing an order of the court; or 
132.2      (4) in executing any other duty imposed upon the public 
132.3   officer by law; 
132.4      (b) when used by a person not a public officer in arresting 
132.5   another in the cases and in the manner provided by law and 
132.6   delivering the other to an officer competent to receive the 
132.7   other into custody; 
132.8      (c) when used by any person in resisting or aiding another 
132.9   to resist an offense against the person; 
132.10     (d) when used by any person in lawful possession of real or 
132.11  personal property, or by another assisting the person in lawful 
132.12  possession, in resisting a trespass upon or other unlawful 
132.13  interference with the property; 
132.14     (e) when used by any person to prevent the escape, or to 
132.15  retake following the escape, of a person lawfully held on a 
132.16  charge or conviction of a crime; 
132.17     (f) when used by a parent, guardian, teacher, or other 
132.18  lawful custodian of a child or pupil, in the exercise of lawful 
132.19  authority, to restrain or correct the child or pupil; 
132.20     (g) when used by a school employee or school bus driver, in 
132.21  the exercise of lawful authority, to restrain a child or pupil, 
132.22  or to prevent bodily harm or death to another; 
132.23     (h) when used by a common carrier in expelling a passenger 
132.24  who refuses to obey a lawful requirement for the conduct of 
132.25  passengers and the actor exercises reasonable care with regard 
132.26  to the passenger's personal safety; 
132.27     (i) when used to restrain a mentally ill or mentally 
132.28  defective person from self-injury or injury to another or when 
132.29  used by one with authority to do so to compel compliance with 
132.30  reasonable requirements for the person's control, conduct, or 
132.31  treatment; or 
132.32     (j) when used by a public or private institution providing 
132.33  custody or treatment against one lawfully committed to it to 
132.34  compel compliance with reasonable requirements for the control, 
132.35  conduct, or treatment of the committed person. 
132.36     Subd. 2.  [DEADLY FORCE USED AGAINST PEACE OFFICERS.] A 
133.1   person may not use deadly force against a peace officer who has 
133.2   announced the officer's presence and is performing official 
133.3   duties at a location where a person is committing a crime or an 
133.4   act that would be a crime if committed by an adult. 
133.5      Sec. 9.  [609A.17] [JUSTIFIABLE TAKING OF LIFE.] 
133.6      The intentional taking of the life of another is not 
133.7   authorized by section 609A.15, except when necessary in: 
133.8      (a) resisting or preventing an offense that the actor 
133.9   reasonably believes exposes the actor or another to great bodily 
133.10  harm or death; or 
133.11     (b) preventing the commission of a felony in the actor's 
133.12  place of abode. 
133.13     Sec. 10.  [609A.19] [AUTHORIZED USE OF DEADLY FORCE BY 
133.14  PEACE OFFICERS.] 
133.15     Subdivision 1.  [DEADLY FORCE DEFINED.] For the purposes of 
133.16  this section, "deadly force" means force that the actor uses 
133.17  with the purpose of causing, or that the actor should reasonably 
133.18  know creates a substantial risk of causing, death or great 
133.19  bodily harm.  The intentional discharge of a firearm in the 
133.20  direction of another person, or at a vehicle in which another 
133.21  person is believed to be, constitutes deadly force. 
133.22     Subd. 2.  [USE OF DEADLY FORCE.] Notwithstanding the 
133.23  provisions of section 609A.15 or 609A.17, the use of deadly 
133.24  force by a peace officer in the line of duty is justified only 
133.25  when necessary: 
133.26     (a) to protect the peace officer or another from apparent 
133.27  death or great bodily harm; 
133.28     (b) to effect the arrest or capture, or prevent the escape, 
133.29  of a person whom the peace officer knows or has reasonable 
133.30  grounds to believe has committed or attempted to commit a felony 
133.31  involving the use or threatened use of deadly force; or 
133.32     (c) to effect the arrest or capture, or prevent the escape, 
133.33  of a person whom the officer knows or has reasonable grounds to 
133.34  believe has committed or attempted to commit a felony if the 
133.35  officer reasonably believes that the person will cause death or 
133.36  great bodily harm if the person's apprehension is delayed. 
134.1      Subd. 3.  [NOT DEFENSE IN CIVIL ACTION.] Neither this 
134.2   section, nor section 609A.15, 609A.17, or 629.33, may be used as 
134.3   a defense in a civil action brought by an innocent third party. 
134.4      Sec. 11.  [609A.21] [INTOXICATION AS DEFENSE.] 
134.5      An act committed while in a state of voluntary intoxication 
134.6   is not less criminal by reason thereof.  However, when a 
134.7   particular intent or other state of mind is a necessary element 
134.8   to constitute a particular crime, the fact of intoxication may 
134.9   be taken into consideration in determining the intent or state 
134.10  of mind. 
134.11     Sec. 12.  [609A.23] [DURESS.] 
134.12     Except as provided in section 609C.153 (first degree 
134.13  manslaughter), threats and apprehension constitute duress 
134.14  excusing a participant from criminal liability when: 
134.15     (a) an offense is committed or participated in by two or 
134.16  more persons; 
134.17     (b) one of the persons participates only under compulsion 
134.18  by another engaged therein; and 
134.19     (c) the other person by threats creates a reasonable 
134.20  apprehension in the participant's mind that in case of the 
134.21  participant's refusal the participant is liable to instant death.
134.22     Sec. 13.  [609A.25] [SENDING WRITTEN COMMUNICATION.] 
134.23     Subdivision 1.  [WHEN OFFENSE COMMITTED.] When the sending 
134.24  of a letter or other written communication is made an offense, 
134.25  the offense is complete upon deposit of the letter or 
134.26  communication in any official depository of mail or given to 
134.27  another for the purpose of delivery to the receiver. 
134.28     Subd. 2.  [WHERE OFFENSE COMMITTED.] The offense is 
134.29  committed in both the county in which the letter is so deposited 
134.30  or given and the county in which it is received by the person 
134.31  for whom it is intended. 
134.32     Sec. 14.  [609A.27] [COMPELLING TESTIMONY; USE IMMUNITY.] 
134.33     Subdivision 1.  [COURT ORDER COMPELLING TESTIMONY.] In any 
134.34  criminal proceeding, including a grand jury proceeding, 
134.35  paternity proceeding, or proceeding in juvenile court, the chief 
134.36  judge of the district or a judge of the court in which the 
135.1   proceeding is pending may order a person to answer a question or 
135.2   produce evidence, if: 
135.3      (a) the prosecuting attorney in writing requests the order; 
135.4   and 
135.5      (b) the judge after notice to the person and hearing 
135.6   determines that: 
135.7      (1) absent the order the person would be entitled to refuse 
135.8   to answer the question or produce the evidence on the ground 
135.9   that the person may be incriminated thereby; 
135.10     (2) ordering the person to answer or produce the evidence 
135.11  is not contrary to the public interest; and 
135.12     (3) ordering the person to answer or produce the evidence 
135.13  is not likely to expose the person to prosecution in another 
135.14  state or in the federal courts. 
135.15     Subd. 2.  [USE IMMUNITY.] After complying, and if, but for 
135.16  this section, the witness would have been privileged to withhold 
135.17  the answer given or the evidence produced by the witness, no 
135.18  testimony or other information compelled under the order, or any 
135.19  information directly or indirectly derived from the testimony or 
135.20  other compelled information may be used against the witness in 
135.21  any criminal case.  However, the witness may be prosecuted or 
135.22  subjected to penalty or forfeiture for any perjury, false 
135.23  swearing, or contempt committed in answering, or in failing to 
135.24  answer, or in producing, or failing to produce, evidence in 
135.25  accordance with the order. 
135.26     Subd. 3.  [LAW COMPELLING TESTIMONY.] In every case not 
135.27  provided for in subdivision 1 and in which it is provided by law 
135.28  that a witness shall not be excused from giving testimony 
135.29  tending to be self-incriminating, the person shall not be 
135.30  excused from testifying or producing any papers or documents on 
135.31  the ground that doing so may tend to incriminate the person or 
135.32  subject the person to a penalty or forfeiture.  However, if, but 
135.33  for that law, the witness would have been privileged to withhold 
135.34  the testimony or other information, no testimony or other 
135.35  information directly or indirectly derived from the testimony or 
135.36  other compelled information may be used against the witness in 
136.1   any criminal case, except for perjury committed in the testimony.
136.2      Sec. 15.  [609A.29] [PROOF OF PRIOR CONVICTION.] 
136.3      In a criminal prosecution in which the degree of the crime 
136.4   or the penalty for the crime depends, in whole or in part, on 
136.5   proof of the existence of a prior conviction, if the defendant 
136.6   contests the existence of or factual basis for a prior 
136.7   conviction, proof of it is established by competent and reliable 
136.8   evidence, including a certified court record of the conviction. 
136.9                  MULTIPLE PROSECUTION OR PUNISHMENT
136.10     Sec. 16.  [609A.31] [CRIME PUNISHABLE UNDER DIFFERENT 
136.11  PROVISIONS.] 
136.12     Subdivision 1.  [GENERALLY.] Except as provided in 
136.13  subdivision 2 and in sections 169A.25 (certain vehicle 
136.14  violations); 169B.111, subdivision 2 (driver under influence 
136.15  causing death of unborn child); 169B.112, subdivision 2 (driver 
136.16  under influence causing great bodily harm to unborn child); 
136.17  169C.111, subdivision 2 (gross negligence causing death of 
136.18  unborn child); 169C.112, subdivision 2 (gross negligence causing 
136.19  great bodily harm to unborn child); 169C.511, subdivision 2 
136.20  (leaving scene of accident causing death of unborn child); 
136.21  169C.522, subdivision 2 (leaving scene of accident causing great 
136.22  bodily harm to unborn child); 609C.31 to 609C.375 (crime against 
136.23  unborn child); 609D.11 (kidnapping); 609H.31 (burglary); 609K.55 
136.24  (crime with bullet-resistant vest); 609K.61 (soliciting 
136.25  juvenile); and 609K.97 (crime with police radio), if a person's 
136.26  conduct constitutes more than one offense under the laws of this 
136.27  state, the person may be punished for only one of the offenses 
136.28  and a conviction or acquittal of any one of them is a bar to 
136.29  prosecution for any other of them.  All the offenses, if 
136.30  prosecuted, shall be included in one prosecution, which shall be 
136.31  stated in separate counts. 
136.32     Subd. 2.  [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding 
136.33  subdivision 1, a prosecution for or conviction of a violation of 
136.34  section 609E.82, subdivision 3 (certain offender possessing 
136.35  firearm), is not a bar to conviction of or punishment for any 
136.36  other crime committed by the defendant as part of the same 
137.1   conduct. 
137.2      Sec. 17.  [609A.33] [CONVICTION OF LESSER OFFENSE.] 
137.3      Subdivision 1.  [CONVICTION OF INCLUDED OFFENSE PERMITTED.] 
137.4   Upon prosecution for a crime, the actor may be convicted of 
137.5   either the crime charged or an included offense, but not both.  
137.6   An included offense may be any of the following: 
137.7      (a) a lesser degree of the same crime; 
137.8      (b) an attempt to commit the crime charged; 
137.9      (c) an attempt to commit a lesser degree of the same crime; 
137.10     (d) a crime necessarily proved if the crime charged were 
137.11  proved; 
137.12     (e) an infraction necessarily proved if the crime charged 
137.13  were proved. 
137.14     Subd. 2.  [BAR TO FURTHER PROSECUTION.] A conviction or 
137.15  acquittal of a crime is a bar to further prosecution of any 
137.16  included offense, or other degree of the same crime. 
137.17     Sec. 18.  [609A.35] [FOREIGN CONVICTION OR ACQUITTAL.] 
137.18     If an act or omission in this state constitutes a crime 
137.19  under both the laws of this state and the laws of another 
137.20  jurisdiction, a conviction or acquittal of the crime in the 
137.21  other jurisdiction shall not bar prosecution for the crime in 
137.22  this state unless the elements of both law and fact are 
137.23  identical. 
137.24                         PUNISHMENT LEVELS
137.25     Sec. 19.  [609A.37] [PUNISHMENT WHEN NOT OTHERWISE 
137.26  PROVIDED.] 
137.27     If a person is convicted of an offense for which the 
137.28  punishment is not otherwise provided, sections 609A.371 to 
137.29  609A.379 apply. 
137.30     Sec. 20.  [609A.371] [FELONY FOR WHICH PUNISHMENT NOT 
137.31  OTHERWISE PROVIDED.] 
137.32     If a person is convicted of a felony for which the 
137.33  punishment is not otherwise provided, the person may be 
137.34  sentenced to imprisonment for not more than five years or to 
137.35  payment of a fine of not more than $10,000, or both. 
137.36     Sec. 21.  [609A.375] [GROSS MISDEMEANOR PUNISHMENT.] 
138.1      If a person is convicted of a gross misdemeanor for which 
138.2   the punishment is not otherwise provided, the person may be 
138.3   sentenced to incarceration for not more than one year, to 
138.4   payment of a fine of not more than $3,000, or both. 
138.5      Sec. 22.  [609A.376] [FIRST DEGREE MISDEMEANOR PUNISHMENT.] 
138.6      If a person is convicted of a first degree misdemeanor for 
138.7   which the punishment is not otherwise provided, the person may 
138.8   be sentenced to incarceration for not more than 180 days, to 
138.9   payment of a fine of not more than $1,500, or both. 
138.10     Sec. 23.  [609A.377] [SECOND DEGREE MISDEMEANOR 
138.11  PUNISHMENT.] 
138.12     If a person is convicted of a second degree misdemeanor for 
138.13  which the punishment is not otherwise provided, the person may 
138.14  be sentenced to incarceration for not more than 90 days, to 
138.15  payment of a fine of not more than $1,000, or both. 
138.16     Sec. 24.  [609A.378] [THIRD DEGREE MISDEMEANOR PUNISHMENT.] 
138.17     A person who is convicted of a crime may be sentenced to 
138.18  incarceration for not more than 30 days or to payment of a fine 
138.19  of not more than $750, or both if: 
138.20     (a) the crime is a third degree misdemeanor for which the 
138.21  punishment is not otherwise provided; 
138.22     (b) statute describes the crime as a misdemeanor without 
138.23  specifying the degree; or 
138.24     (c) the crime is a violation of an ordinance providing for 
138.25  a sentence of incarceration, unless pursuant to specific 
138.26  authorization in a statute enacted after January 1, 1997, the 
138.27  ordinance specifies a greater penalty. 
138.28     Sec. 25.  [609A.379] [INFRACTION PUNISHMENT.] 
138.29     Subdivision 1.  [GENERALLY.] A fine of not more than $500 
138.30  may be imposed for: 
138.31     (a) an infraction for which the punishment is not otherwise 
138.32  provided; 
138.33     (b) a violation of a statute or ordinance that specifies 
138.34  only a fine as a penalty but does not specify the amount of the 
138.35  fine; or 
138.36     (c) a violation of a statute that prohibits conduct without 
139.1   specifying the punishment. 
139.2      Subd. 2.  [ALTERNATIVE PUNISHMENT.] The offender may be 
139.3   offered the option of performing either or both of the following 
139.4   in lieu of all or part of the fine: 
139.5      (a) restitution; or 
139.6      (b) compliance with any other reasonable condition agreed 
139.7   to by the offender. 
139.8      Sec. 26.  [609A.39] [ADJUSTED MAXIMUM PENALTIES.] 
139.9      Subdivision 1.  [MISDEMEANOR STATUTE OUTSIDE CRIMINAL OR 
139.10  VEHICLE CODE.] (a) Any law of this state that provides for a 
139.11  maximum fine of $700 as a penalty for a violation shall, on or 
139.12  after January 1, 1998, be deemed to provide that the violator is 
139.13  guilty of a third degree misdemeanor. 
139.14     (b) Unless otherwise specified in a law enacted after 
139.15  January 1, 1997, if a law that is not included within the 
139.16  criminal code or the vehicle code provides for misdemeanor 
139.17  punishment or for a sentence of incarceration for 90 days, with 
139.18  or without a fine, on or after August 1, 1998, it shall be 
139.19  deemed to provide that the violator is guilty of an infraction. 
139.20     Subd. 2.  [MISDEMEANOR UNDER ORDINANCE.] Unless otherwise 
139.21  specified in a law enacted after January 1, 1997, any law of 
139.22  this state or political subdivision charter that authorizes a 
139.23  political subdivision to prescribe a sentence of incarceration 
139.24  for an ordinance violation shall on or after August 1, 1998, be 
139.25  deemed to provide that the political subdivision has the power 
139.26  to prescribe a sentence of incarceration for not more than 30 
139.27  days or a fine of not more than $750, or both. 
139.28     Subd. 3.  [INFRACTION UNDER STATUTE.] On or after January 
139.29  1, 1998, a law of this state that provides for a maximum penalty 
139.30  of less than $500 for an infraction or a petty misdemeanor is 
139.31  considered to provide for a maximum fine of $500 for an 
139.32  infraction. 
139.33     Subd. 4.  [INFRACTION UNDER ORDINANCE.] On or after January 
139.34  1, 1998, if a state law or political subdivision charter sets a 
139.35  limit other than $500 on the fines that a political subdivision 
139.36  may prescribe for an ordinance violation that is defined as an 
140.1   infraction or a petty misdemeanor, that law or charter is 
140.2   considered to provide that the political subdivision has the 
140.3   power to prescribe a maximum fine of $500 for an infraction.  
140.4      Subd. 5.  [CIVIL PENALTY UNDER ORDINANCE.] If a political 
140.5   subdivision is authorized by law to impose civil penalties for 
140.6   violations of its ordinances, the penalty may not exceed $500, 
140.7   except that the penalty may exceed $500 for violation of an 
140.8   ordinance relating to: 
140.9      (a) the sale, use, or possession of tobacco; 
140.10     (b) environmental pollution; or 
140.11     (c) any activity that is licensed by the political 
140.12  subdivision. 
140.13     Subd. 6.  [GROSS MISDEMEANOR OUTSIDE CRIMINAL OR VEHICLE 
140.14  CODE DEEMED FIRST DEGREE MISDEMEANOR.] Unless otherwise 
140.15  specified in a law enacted after January 1, 1997, if a law that 
140.16  is not included within the criminal code or the vehicle code 
140.17  provides for gross misdemeanor punishment or for a sentence of 
140.18  incarceration for one year, with or without a fine, on or after 
140.19  August 1, 1998, it shall be considered to provide that the 
140.20  violator is guilty of a first degree misdemeanor. 
140.21                        SENTENCES GENERALLY
140.22     Sec. 27.  [609A.41] [LIMITS OF SENTENCES.] 
140.23     No other or different sentence or punishment shall be 
140.24  imposed for the commission of a crime than is authorized by the 
140.25  criminal code or other applicable law. 
140.26     Sec. 28.  [609A.43] [SENTENCE FOR FELONY.] 
140.27     Upon conviction of a felony and compliance with the other 
140.28  provisions of this chapter the court, if it imposes sentence, 
140.29  may sentence the defendant to the extent authorized by law as 
140.30  follows: 
140.31     (a) to life imprisonment; 
140.32     (b) to imprisonment for a fixed term of years set by the 
140.33  court; 
140.34     (c) to both imprisonment for a fixed term of years and 
140.35  payment of a fine; 
140.36     (d) to payment of a fine without imprisonment or to 
141.1   imprisonment for a fixed term of years if the fine is not paid; 
141.2      (e) to payment of court-ordered restitution in addition to 
141.3   either imprisonment or payment of a fine, or both; or 
141.4      (f) to payment of a local correctional fee as authorized 
141.5   under section 609A.67 in addition to any other sentence imposed 
141.6   by the court. 
141.7      Sec. 29.  [609A.45] [SENTENCE FOR MISDEMEANOR OR GROSS 
141.8   MISDEMEANOR.] 
141.9      Upon conviction of a misdemeanor or gross misdemeanor the 
141.10  court, if sentence is imposed, may, to the extent authorized by 
141.11  law, sentence the defendant: 
141.12     (a) to incarceration for a definite term; 
141.13     (b) to payment of a fine, or to incarceration for a 
141.14  specified term if the fine is not paid; 
141.15     (c) to both incarceration for a definite term and payment 
141.16  of a fine; 
141.17     (d) to payment of court-ordered restitution in addition to 
141.18  either incarceration or payment of a fine, or both; or 
141.19     (e) to payment of a local correctional fee as authorized 
141.20  under section 609A.67 in addition to any other sentence the 
141.21  court imposes. 
141.22     Sec. 30.  [609A.47] [SURCHARGE ON FINES, ASSESSMENTS; 
141.23  MINIMUM FINES.] 
141.24     Subdivision 1.  [SURCHARGES AND ASSESSMENTS.] (a) When a 
141.25  court sentences a person convicted of a crime, if the sentence 
141.26  does not include payment of a fine, the court shall impose an 
141.27  assessment of not less than $25 nor more than $50.  If the 
141.28  sentence for the crime includes payment of a fine of any amount, 
141.29  including a fine of less than $100, the court shall impose a 
141.30  surcharge on the fine of 20 percent of the fine.  This section 
141.31  applies whether or not the person is sentenced to incarceration 
141.32  and when the sentence is suspended. 
141.33     (b) In addition to the assessments in paragraph (a), the 
141.34  court shall assess a surcharge of $20 after a person is 
141.35  convicted of a violation of state law or local ordinance, other 
141.36  than a traffic or parking violation.  A person charged on more 
142.1   than one count may be assessed only one surcharge under this 
142.2   paragraph, but must be assessed for the most serious offense. 
142.3   This paragraph applies whether or not the person is sentenced to 
142.4   imprisonment and when the sentence is suspended. 
142.5      (c) If the court fails to impose an assessment required by 
142.6   paragraph (a), the court administrator shall correct the record 
142.7   to show imposition of an assessment of $25 if the sentence does 
142.8   not include payment of a fine, or if the sentence includes a 
142.9   fine, to show an imposition of a surcharge of ten percent of the 
142.10  fine.  If the court fails to impose an assessment required by 
142.11  paragraph (b), the court administrator shall correct the record 
142.12  to show imposition of the assessment described in paragraph (b). 
142.13     (d) Except for assessments and surcharges imposed on 
142.14  persons convicted of violations described in section 97A.065, 
142.15  subdivision 2, the court shall collect and forward to the 
142.16  commissioner of finance the total amount of the assessments or 
142.17  surcharges and the commissioner shall credit all money so 
142.18  forwarded to the general fund. 
142.19     (e) If the convicted person is sentenced to imprisonment, 
142.20  the chief executive officer of the correctional facility in 
142.21  which the convicted person is incarcerated may collect the 
142.22  assessment or surcharge from any earnings the inmate accrues for 
142.23  work performed in the correctional facility and forward the 
142.24  amount to the commissioner of finance, indicating the part that 
142.25  was imposed for violations described in section 97A.065, 
142.26  subdivision 2, which must be credited to the game and fish fund. 
142.27     Subd. 2.  [MINIMUM FINES.] (a) Notwithstanding any other 
142.28  law, when a court sentences a person convicted of violating 
142.29  section 609C.21 (assault), 609C.31 (assault of unborn child), or 
142.30  609C.511 to 609.517 (first to fourth degree criminal sexual 
142.31  conduct), it must impose a fine of not less than 30 percent of 
142.32  the maximum fine authorized by law nor more than the maximum 
142.33  fine authorized by law. 
142.34     (b) The court shall collect the portion of the fine 
142.35  mandated by this subdivision and forward 70 percent of it to a 
142.36  local victim assistance program that provides services locally 
143.1   in the county in which the crime was committed.  The court shall 
143.2   forward the remaining 30 percent to the commissioner of finance 
143.3   to be credited to the general fund.  If more than one victim 
143.4   assistance program serves the county in which the crime was 
143.5   committed, the court may designate on a case-by-case basis which 
143.6   program will receive the fine proceeds, giving consideration to 
143.7   the nature of the crime committed, the types of victims served 
143.8   by the program, and the funding needs of the program.  If no 
143.9   victim assistance program serves that county, the court shall 
143.10  forward 100 percent of the fine proceeds to the commissioner of 
143.11  finance to be credited to the general fund.  Fine proceeds 
143.12  received by a local victim assistance program must be used to 
143.13  provide direct services to crime victims. 
143.14     (c) The minimum fine required by this subdivision is in 
143.15  addition to: 
143.16     (1) the surcharge or assessment required by subdivision 1; 
143.17  and 
143.18     (2) any sentence of imprisonment or restitution imposed or 
143.19  ordered by the court. 
143.20     Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM 
143.21  FINES.] (a) Notwithstanding any other law, when a court 
143.22  sentences a person convicted of a controlled substance crime 
143.23  under sections 609F.111 to 609F.139 (first to fifth degree 
143.24  controlled substance crime), it must impose a fine of not less 
143.25  than 30 percent of the maximum fine authorized by law nor more 
143.26  than the maximum fine authorized by law. 
143.27     (b) The minimum fine required by this subdivision is in 
143.28  addition to: 
143.29     (1) the surcharge or assessment required by subdivision 1; 
143.30  and 
143.31     (2) any sentence of imprisonment or restitution imposed or 
143.32  ordered by the court. 
143.33     (c) The court shall collect the fine mandated by this 
143.34  subdivision and forward 70 percent of it to a local drug abuse 
143.35  prevention program existing or being implemented in the county 
143.36  in which the crime was committed.  The court shall forward the 
144.1   remaining 30 percent to the state treasurer to be credited to 
144.2   the general fund.  If more than one drug abuse prevention 
144.3   program serves the county in which the crime was committed, the 
144.4   court may designate on a case-by-case basis which program will 
144.5   receive the fine proceeds, giving consideration to the community 
144.6   in which the crime was committed, the funding needs of the 
144.7   program, the number of peace officers in each community 
144.8   certified to teach the program, and the number of children 
144.9   served by the program in each community.  If no drug abuse 
144.10  prevention program serves communities in that county, the court 
144.11  shall forward 100 percent of the fine proceeds to the state 
144.12  treasurer to be credited to the general fund. 
144.13     (d) The minimum fines required by this subdivision shall be 
144.14  collected as are other fines.  Fine proceeds received by a local 
144.15  drug abuse prevention program must be used to support that 
144.16  program, and may be used for salaries of peace officers 
144.17  certified to teach the program.  The drug abuse resistance 
144.18  education program must report receipt and use of money generated 
144.19  under this subdivision as prescribed by the drug abuse 
144.20  resistance education advisory council. 
144.21     (e) As used in this subdivision, "drug abuse prevention 
144.22  program" and "program" include: 
144.23     (1) the drug abuse resistance education program described 
144.24  in sections 299A.33 and 299A.331; and 
144.25     (2) any similar drug abuse education and prevention program 
144.26  that includes the following components: 
144.27     (i) instruction for students enrolled in kindergarten 
144.28  through grade six that is designed to teach students to 
144.29  recognize and resist pressures to experiment with controlled 
144.30  substances and alcohol; 
144.31     (ii) provisions for parental involvement; 
144.32     (iii) classroom instruction by uniformed law enforcement 
144.33  personnel; 
144.34     (iv) the use of positive student leaders to influence 
144.35  younger students not to use drugs; and 
144.36     (v) an emphasis on activity-oriented techniques designed to 
145.1   encourage student-generated responses to problem-solving 
145.2   situations. 
145.3      Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] (a) 
145.4   Notwithstanding any other law: 
145.5      (1) when a court sentences a person convicted of a felony 
145.6   that is not listed in subdivision 2 or 3, it must impose a fine 
145.7   of not less than 30 percent of the maximum fine authorized by 
145.8   law nor more than the maximum fine authorized by law; and 
145.9      (2) when a court sentences a person convicted of a gross 
145.10  misdemeanor or misdemeanor that is not listed in subdivision 2, 
145.11  it must impose a fine of not less than 30 percent of the maximum 
145.12  fine authorized by law nor more than the maximum fine authorized 
145.13  by law.  However, a fine for a third degree misdemeanor may be 
145.14  set at a lower amount on a uniform fine schedule established by 
145.15  the conference of chief judges in consultation with affected 
145.16  state and local agencies.  This schedule shall be promulgated 
145.17  and reported to the legislature not later than January 1 of each 
145.18  year and shall become effective on August 1 of that year unless 
145.19  the legislature, by law, provides otherwise. 
145.20     (b) The minimum fine required by this subdivision is in 
145.21  addition to: 
145.22     (1) the surcharge or assessment required by subdivision 1; 
145.23  and 
145.24     (2) any sentence of incarceration or restitution imposed or 
145.25  ordered by the court. 
145.26     (c) The court shall collect the fines mandated in this 
145.27  subdivision and, except for fines for traffic and motor vehicle 
145.28  violations governed by section 169.871 and section 299D.03 and 
145.29  fish and game violations governed by section 97A.065, forward 20 
145.30  percent of the revenues to the state treasurer for deposit in 
145.31  the general fund. 
145.32     Subd. 5.  [WAIVER PROHIBITED; INSTALLMENT PAYMENTS.] The 
145.33  court may not waive payment of the minimum fine, surcharge, or 
145.34  assessment required by this section.  The court may reduce the 
145.35  amount of the minimum fine, surcharge, or assessment if the 
145.36  court makes written findings on the record that the convicted 
146.1   person is indigent or that immediate payment of the fine, 
146.2   surcharge, or assessment would create undue hardship for the 
146.3   convicted person or that person's immediate family.  The court 
146.4   may authorize payment of the fine, surcharge, or assessment in 
146.5   installments. 
146.6      Sec. 31.  [609A.49] [MINIMUM SENTENCES OF IMPRISONMENT.] 
146.7      Subdivision 1.  [COMMITMENTS WITHOUT MINIMUMS.] All 
146.8   commitments to the commissioner of corrections for imprisonment 
146.9   of the defendant are without minimum terms except: 
146.10     (a) when the sentence is to life imprisonment as required 
146.11  by law; and 
146.12     (b) as otherwise provided in the criminal code. 
146.13     Subd. 2.  [DANGEROUS WEAPON.] Any defendant convicted of an 
146.14  offense listed in subdivision 8 in which the defendant or an 
146.15  accomplice, at the time of the offense, used, whether by 
146.16  brandishing, displaying, threatening with, or otherwise 
146.17  employing, a dangerous weapon other than a firearm, shall be 
146.18  committed to the commissioner of corrections for not less than 
146.19  one year plus one day, nor more than the maximum sentence 
146.20  provided by law.  Any defendant convicted of a second or 
146.21  subsequent offense in which the defendant or an accomplice, at 
146.22  the time of the offense, used a dangerous weapon other than a 
146.23  firearm, shall be committed to the commissioner of corrections 
146.24  for not less than three years nor more than the maximum sentence 
146.25  provided by law. 
146.26     Subd. 3.  [FIREARM.] (a) Except as otherwise provided in 
146.27  paragraph (b), any defendant convicted of an offense listed in 
146.28  subdivision 8 in which the defendant or an accomplice, at the 
146.29  time of the offense, had in possession or used, whether by 
146.30  brandishing, displaying, threatening with, or otherwise 
146.31  employing, a firearm, shall be committed to the commissioner of 
146.32  corrections for not less than three years, nor more than the 
146.33  maximum sentence provided by law.  Any defendant convicted of a 
146.34  second or subsequent offense in which the defendant or an 
146.35  accomplice, at the time of the offense, had in possession or 
146.36  used a firearm shall be committed to the commissioner of 
147.1   corrections for not less than five years, nor more than the 
147.2   maximum sentence provided by law. 
147.3      (b) Any defendant convicted of violating section 609E.82, 
147.4   subdivision 3 (certain offender possessing firearm), shall be 
147.5   committed to the commissioner of corrections for not less than 
147.6   18 months, nor more than the maximum sentence provided by law. 
147.7   Any defendant convicted of a second or subsequent violation of 
147.8   that section shall be committed to the commissioner of 
147.9   corrections for not less than five years, nor more than the 
147.10  maximum sentence provided by law. 
147.11     Subd. 4.  [CONTROLLED SUBSTANCE OFFENSES.] Notwithstanding 
147.12  section 609A.31, whenever a defendant is subject to a mandatory 
147.13  minimum sentence for a felony violation of chapter 609F 
147.14  (controlled substances) and is also subject to this section, the 
147.15  minimum sentence imposed under this section shall be consecutive 
147.16  to that imposed under chapter 609F. 
147.17     Subd. 5.  [NO EARLY RELEASE.] Any defendant convicted and 
147.18  sentenced as required by this section is not eligible for 
147.19  probation, parole, discharge, or supervised release until the 
147.20  defendant has served the full term of imprisonment as provided 
147.21  by law, notwithstanding the provisions of sections 242.19 
147.22  (juvenile corrections), 243.05 (adult corrections), 244.04 (good 
147.23  time), 609A.65 (stay of sentence), and 609A.85 (parole or 
147.24  discharge). 
147.25     Subd. 6.  [PROSECUTOR SHALL ESTABLISH.] (a) Whenever 
147.26  reasonable grounds exist to believe that the defendant or an 
147.27  accomplice used a firearm or other dangerous weapon or had in 
147.28  possession a firearm, at the time of commission of an offense 
147.29  listed in subdivision 8, the prosecutor shall, at the time of 
147.30  trial or at the plea of guilty, present on the record all 
147.31  evidence tending to establish that fact unless it is otherwise 
147.32  admitted on the record. 
147.33     (b) At the time of a verdict or finding of guilt at trial 
147.34  or the entry of a plea of guilty, the court shall determine on 
147.35  the record whether the defendant or an accomplice, at the time 
147.36  of commission of an offense listed in subdivision 8, used a 
148.1   firearm or other dangerous weapon or had in possession a 
148.2   firearm.  The court shall base its determination upon the record 
148.3   of the trial or the plea of guilty. 
148.4      (c) At the time of sentencing, the court shall determine on 
148.5   the record whether the defendant has been convicted of a second 
148.6   or subsequent offense in which the defendant or an accomplice, 
148.7   at the time of commission of an offense listed in subdivision 8, 
148.8   used a firearm or other dangerous weapon or had in possession a 
148.9   firearm. 
148.10     Subd. 7.  [MOTION BY PROSECUTOR.] (a) Except as otherwise 
148.11  provided in paragraph (b), the prosecutor before sentencing may 
148.12  file a motion to have the defendant sentenced without regard to 
148.13  the mandatory minimum sentences established by this section.  
148.14  The motion shall be accompanied by a statement on the record of 
148.15  the reasons for it.  When presented with the motion, or on its 
148.16  own motion, the court may sentence the defendant without regard 
148.17  to the mandatory minimum sentences established by this section 
148.18  if the court finds substantial and compelling reasons to do so.  
148.19  A sentence imposed under this subdivision is a departure from 
148.20  the sentencing guidelines. 
148.21     (b) The court may not, on its own motion or the 
148.22  prosecutor's motion, sentence a defendant without regard to the 
148.23  mandatory minimum sentences established by this section if the 
148.24  defendant previously has been convicted of an offense listed in 
148.25  subdivision 8 in which the defendant used or possessed a firearm 
148.26  or other dangerous weapon. 
148.27     Subd. 8.  [APPLICABLE OFFENSES.] The crimes for which 
148.28  mandatory minimum sentences shall be served as provided in this 
148.29  section are:  murder in the first, second, or third degree; 
148.30  assault in the first, second, or third degree; burglary; 
148.31  kidnapping; false imprisonment; manslaughter in the first or 
148.32  second degree; robbery; criminal sexual conduct under the 
148.33  circumstances described in sections 609C.511, paragraphs (a) to 
148.34  (f), 609C.513, paragraphs (a) to (f), 609C.515, paragraphs (a) 
148.35  to (e) and (h) to (j), or 609C.517, paragraphs (a) to (f) and 
148.36  (h) to (j) (first to third degree criminal sexual conduct 
149.1   involving violence, threat, underage or vulnerable complainant, 
149.2   or psychotherapist); escape from custody; arson in the first, 
149.3   second, or third degree; drive-by shooting under section 
149.4   609E.35; possession or other unlawful use of a firearm in 
149.5   violation of section 609E.82, subdivision 3, a felony violation 
149.6   of chapter 609F (controlled substances); or any attempt to 
149.7   commit any of these offenses. 
149.8      Subd. 9.  [REPORT ON CRIMINAL CASES INVOLVING FIREARMS.] (a)
149.9   Every county attorney shall collect and maintain the following 
149.10  information on charging documents and prosecutions within the 
149.11  county attorney's office in which the defendant is alleged to 
149.12  have committed an offense listed in subdivision 8 while 
149.13  possessing or using a firearm: 
149.14     (1) whether the case was charged or dismissed; 
149.15     (2) whether the defendant was convicted of the offense or a 
149.16  lesser offense; and 
149.17     (3) whether the mandatory minimum sentence required under 
149.18  this section was imposed and executed or was waived by the 
149.19  prosecutor or court. 
149.20     (b) No later than July 1 of each year, the county attorney 
149.21  shall forward this information to the sentencing guidelines 
149.22  commission upon forms prescribed by the commission. 
149.23                        INCREASED SENTENCES
149.24     Sec. 32.  [609A.51] [PATTERNED SEX OFFENDERS; SPECIAL 
149.25  SENTENCING PROVISION.] 
149.26     Subdivision 1.  [SENTENCING AUTHORITY.] (a) A court shall 
149.27  commit a person to the commissioner of corrections for a period 
149.28  of time that is not less than double the presumptive sentence 
149.29  under the sentencing guidelines and not more than the statutory 
149.30  maximum, or if the statutory maximum is less than double the 
149.31  presumptive sentence, for a period of time equal to the 
149.32  statutory maximum, if: 
149.33     (1) the court is imposing an executed sentence, based on a 
149.34  sentencing guidelines presumptive imprisonment sentence or a 
149.35  dispositional departure for aggravating circumstances or a 
149.36  mandatory minimum sentence, on a person convicted of committing 
150.1   or attempting to commit a violation of sections 609C.511 to 
150.2   609C.517 (first to fourth degree criminal sexual conduct), or on 
150.3   a person convicted of committing or attempting to commit any 
150.4   other predatory crime if it reasonably appears to the court that 
150.5   the crime was motivated by the offender's sexual impulses or was 
150.6   part of a predatory pattern of behavior that had criminal sexual 
150.7   conduct as its goal; 
150.8      (2) the court finds that the offender is a danger to public 
150.9   safety; and 
150.10     (3) the court finds that the offender needs long-term 
150.11  treatment or supervision beyond the presumptive term of 
150.12  imprisonment and supervised release.  The finding must be based 
150.13  on a professional assessment by an examiner experienced in 
150.14  evaluating sex offenders that concludes that the offender is a 
150.15  patterned sex offender.  The assessment must contain the facts 
150.16  upon which the conclusion is based, with reference to the 
150.17  offense history of the offender or the severity of the current 
150.18  offense, the social history of the offender, and the results of 
150.19  an examination of the offender's mental status unless the 
150.20  offender refuses to be examined.  The conclusion may not be 
150.21  based on testing alone.  A patterned sex offender is one whose 
150.22  criminal sexual behavior is so ingrained that the risk of 
150.23  reoffending is great without intensive psychotherapeutic 
150.24  intervention or other long-term controls. 
150.25     (b) The court shall consider imposing a sentence under this 
150.26  section whenever a person is convicted of violating section 
150.27  609C.511 or 609C.513 (first or second degree criminal sexual 
150.28  conduct). 
150.29     Subd. 2.  [DANGER TO PUBLIC SAFETY.] The court shall base 
150.30  its finding that the offender is a danger to public safety on 
150.31  any of the following factors: 
150.32     (a) the crime involved an aggravating factor that would 
150.33  justify a durational departure from the presumptive sentence 
150.34  under the sentencing guidelines; 
150.35     (b) the offender previously committed or attempted to 
150.36  commit a predatory crime or a violation of section 609C.21 
151.1   (assault), including: 
151.2      (1) an offense committed as a juvenile that would have been 
151.3   a predatory crime or a violation of section 609C.21 if committed 
151.4   by an adult; or 
151.5      (2) a violation or attempted violation of a similar law of 
151.6   any other state or the United States; or 
151.7      (c) the offender planned or prepared for the crime before 
151.8   committing it. 
151.9      Subd. 3.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
151.10  under subdivision 1 is a departure from the sentencing 
151.11  guidelines. 
151.12     Subd. 4.  [CONDITIONAL RELEASE.] (a) At the time of 
151.13  sentencing under subdivision 1, the court shall provide that 
151.14  after the offender has completed the sentence imposed, the 
151.15  commissioner of corrections shall place the offender on 
151.16  conditional release for the remainder of the statutory maximum 
151.17  period or for ten years, whichever is longer. 
151.18     (b) The conditions of release may include successful 
151.19  completion of treatment and aftercare in a program approved by 
151.20  the commissioner, satisfaction of the release conditions 
151.21  specified in section 244.05, subdivision 6, and any other 
151.22  conditions the commissioner considers appropriate.  Before the 
151.23  offender is released, the commissioner shall notify the 
151.24  sentencing court, the prosecutor in the jurisdiction where the 
151.25  offender was sentenced and the victim of the offender's crime, 
151.26  where available, of the terms of the offender's conditional 
151.27  release.  If the offender fails to meet any condition of 
151.28  release, the commissioner may revoke the offender's conditional 
151.29  release and order that the offender serve all or a part of the 
151.30  remaining portion of the conditional release term in prison.  
151.31  The commissioner shall not dismiss the offender from supervision 
151.32  before the conditional release term expires. 
151.33     (c) Conditional release granted under this subdivision is 
151.34  governed by provisions relating to supervised release, except as 
151.35  otherwise provided in this subdivision, or section 244.04, 
151.36  subdivision 1 (good time), or 244.05 (supervised release term). 
152.1      Subd. 5.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
152.2   shall pay the cost of treatment of a person released under 
152.3   subdivision 4.  This section does not require the commissioner 
152.4   to accept or retain an offender in a treatment program. 
152.5      Sec. 33.  [609A.515] [STATUTORY MAXIMUM LENGTHENED.] 
152.6      If the factfinder determines, at the time of the trial or 
152.7   the guilty plea, that a predatory crime was motivated by, 
152.8   committed in the course of, or committed in furtherance of 
152.9   sexual contact or penetration and the court is imposing a 
152.10  sentence under section 609A.51, subdivision 1, the statutory 
152.11  maximum imprisonment penalty for the offense is 40 years, 
152.12  notwithstanding the statutory maximum imprisonment penalty 
152.13  otherwise provided for the offense. 
152.14     Sec. 34.  [609A.53] [PETITION FOR CIVIL COMMITMENT.] 
152.15     When a court sentences a person under sections 609A.51 
152.16  (patterned sex offender) or 609C.511 to 609C.517 (first to 
152.17  fourth degree criminal sexual conduct), the court shall make a 
152.18  preliminary determination whether in the court's opinion a 
152.19  petition under section 253B.185 (commitment of persons with 
152.20  sexual psychopathic personalities and sexually dangerous 
152.21  persons) may be appropriate and include the determination as 
152.22  part of the sentencing order.  If the court determines that a 
152.23  petition may be appropriate, the court shall forward its 
152.24  preliminary determination along with supporting documentation to 
152.25  the county attorney. 
152.26     Sec. 35.  [609A.55] [INCREASED SENTENCES FOR CERTAIN 
152.27  DANGEROUS AND CAREER OFFENDERS.] 
152.28     Subdivision 1.  [INCREASED SENTENCES; DANGEROUS OFFENDERS.] 
152.29  Whenever a person is convicted of a violent crime, and the judge 
152.30  is imposing an executed sentence based on a sentencing 
152.31  guidelines presumptive imprisonment sentence, the judge may 
152.32  impose an aggravated durational departure from the presumptive 
152.33  imprisonment sentence up to the statutory maximum sentence if: 
152.34     (a) the offender was at least 18 years old at the time the 
152.35  felony was committed; 
152.36     (b) the court determines on the record at the time of 
153.1   sentencing that the offender has two or more prior convictions 
153.2   for violent crimes; and 
153.3      (c) the court finds that the offender is a danger to public 
153.4   safety and specifies on the record the basis for the finding, 
153.5   which may include: 
153.6      (1) the offender's past criminal behavior, such as the 
153.7   offender's high frequency rate of criminal activity or juvenile 
153.8   adjudications, or long involvement in criminal activity 
153.9   including juvenile adjudications; or 
153.10     (2) the fact that the present offense of conviction 
153.11  involved an aggravating factor that would justify a durational 
153.12  departure under the sentencing guidelines. 
153.13     Subd. 2.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
153.14  SENTENCE.] Unless a longer mandatory minimum sentence is 
153.15  otherwise required by law or the court imposes a longer 
153.16  aggravated durational departure under subdivision 1, a person 
153.17  convicted of a violent crime that is a felony must be committed 
153.18  to the commissioner of corrections for a mandatory sentence of 
153.19  at least the length of the presumptive sentence under the 
153.20  sentencing guidelines if the court determines on the record at 
153.21  the time of sentencing that the person has two or more prior 
153.22  felony convictions for violent crimes.  The court shall impose 
153.23  and execute the prison sentence regardless of whether the 
153.24  guidelines presume an executed prison sentence.  For purposes of 
153.25  this subdivision, "violent crime" does not include a violation 
153.26  of section 609F.115, 609F.117, 609F.135, or 609F.137 (third or 
153.27  fourth degree controlled substance crime or subsequent third or 
153.28  fourth degree controlled substance crime).  Any person convicted 
153.29  and sentenced as required by this subdivision is not eligible 
153.30  for probation, parole, discharge, or work release, until the 
153.31  person has served the full term of imprisonment as provided by 
153.32  law, notwithstanding sections 241.26 (employing inmate in 
153.33  community), 242.19 (juvenile corrections), 243.05 (adult 
153.34  corrections), 244.04 (good time), 609A.65 (stay of sentence), 
153.35  and 609A.85 (parole or discharge). 
153.36     Subd. 3.  [INCREASED SENTENCES; CAREER OFFENDERS.] Whenever 
154.1   a person is convicted of a felony, and the judge is imposing an 
154.2   executed sentence based on a sentencing guidelines presumptive 
154.3   imprisonment sentence, the judge may impose an aggravated 
154.4   durational departure from the presumptive sentence up to the 
154.5   statutory maximum sentence if the judge finds and specifies on 
154.6   the record that the offender has more than four prior felony 
154.7   convictions and that the present offense is a felony that was 
154.8   committed as part of a pattern of criminal conduct. 
154.9      Sec. 36.  [609A.57] [CRIME FOR BENEFIT OF GANG.] 
154.10     Subdivision 1.  [SPECIAL DEFINITION OF CRIMINAL GANG.] As 
154.11  used in this section, "criminal gang" means any ongoing 
154.12  organization, association, or group of three or more persons, 
154.13  whether formal or informal, that: 
154.14     (a) has, as one of its primary activities, the commission 
154.15  of one or more of the offenses listed in section 609A.49 
154.16  (minimum sentences of imprisonment); 
154.17     (b) has a common name or common identifying sign or symbol; 
154.18  and 
154.19     (c) includes members who individually or collectively 
154.20  engage in or have engaged in a pattern of criminal activity. 
154.21     Subd. 2.  [UNLAWFUL CONDUCT.] A person who commits a crime 
154.22  for the benefit of, at the direction of, or in association with 
154.23  a criminal gang, with the intent to promote, further, or assist 
154.24  in criminal conduct by gang members is guilty of a crime and may 
154.25  be sentenced as provided in sections 609A.573 to 609A.577. 
154.26     Sec. 37.  [609A.573] [FELONY FOR BENEFIT OF GANG PENALTY 
154.27  INCREASED.] 
154.28     If the crime committed in violation of section 609A.57 is a 
154.29  felony, the statutory maximum for the crime is three years 
154.30  longer than the statutory maximum for the underlying crime. 
154.31     Sec. 38.  [609A.575] [GROSS MISDEMEANOR FOR BENEFIT OF GANG 
154.32  INCREASED TO FELONY.] 
154.33     If the crime committed in violation of section 609A.57 is a 
154.34  gross misdemeanor, the person is guilty of a felony and may be 
154.35  sentenced to imprisonment for not more than one year and a day 
154.36  or to payment of a fine of not more than $5,000, or both. 
155.1      Sec. 39.  [609A.577] [MISDEMEANOR FOR BENEFIT OF GANG 
155.2   INCREASED TO GROSS MISDEMEANOR.] 
155.3      If the crime committed in violation of section 609A.57 is a 
155.4   first, second, or third degree misdemeanor, the person is guilty 
155.5   of a gross misdemeanor. 
155.6                         SENTENCING PROCEDURE
155.7      Sec. 40.  [609A.61] [PRESENTENCE INVESTIGATION.] 
155.8      Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
155.9   defendant is convicted of a misdemeanor or gross misdemeanor, 
155.10  the court may, and when the defendant is convicted of a felony, 
155.11  the court shall, before imposing sentence, cause a presentence 
155.12  investigation and written report to be made to the court 
155.13  concerning the defendant's individual characteristics, 
155.14  circumstances, needs, potentialities, criminal record, and 
155.15  social history, the circumstances of the offense, and the harm 
155.16  caused by it to others and to the community.  At the 
155.17  prosecutor's request in a gross misdemeanor case, the court 
155.18  shall order that a presentence investigation and report be 
155.19  prepared.  When the crime is a felony violation of chapter 609F 
155.20  involving the sale or distribution of a controlled substance, 
155.21  the report shall include a description of any adverse social or 
155.22  economic effects the offense has had on persons who reside in 
155.23  the neighborhood where the offense was committed. 
155.24     (b) The report shall also include the information relating 
155.25  to crime victims required under section 611B.14, subdivision 1. 
155.26  If the court directs, the report shall include an estimate of 
155.27  the prospects of the defendant's rehabilitation and 
155.28  recommendations as to the sentence that should be imposed. In 
155.29  misdemeanor cases the report may be oral. 
155.30     (c) When a defendant is convicted of a felony, and before 
155.31  sentencing, the court shall cause a sentencing worksheet to be 
155.32  completed to facilitate the application of the Minnesota 
155.33  sentencing guidelines.  The worksheet shall be submitted as part 
155.34  of the presentence investigation report. 
155.35     (d) The investigation shall be made by a probation officer 
155.36  of the court, if there is one.  Otherwise it shall be made by 
156.1   the commissioner of corrections.  The officer conducting the 
156.2   presentence or predispositional investigation shall make 
156.3   reasonable and good faith efforts to contact the victim of the 
156.4   crime and to give the victim the information required under 
156.5   section 611B.14, subdivision 2. 
156.6      (e) When a person is convicted of a felony for which the 
156.7   sentencing guidelines presume that the defendant will be 
156.8   committed to the commissioner of corrections under an executed 
156.9   sentence and no motion for a sentencing departure has been made 
156.10  by counsel, the court may, when no space is available in the 
156.11  local correctional facility, commit the defendant to the custody 
156.12  of the commissioner of corrections, pending completion of the 
156.13  presentence investigation and report.  When a defendant is 
156.14  convicted of a felony for which the sentencing guidelines do not 
156.15  presume that the defendant will be committed to the commissioner 
156.16  of corrections, or for which the sentencing guidelines presume 
156.17  commitment to the commissioner but counsel has moved for a 
156.18  sentencing departure, the court may commit the defendant to the 
156.19  commissioner with the consent of the commissioner, pending 
156.20  completion of the presentence investigation and report.  The 
156.21  county of commitment shall return the defendant to the court 
156.22  when the court so orders. 
156.23     (f) Presentence investigations shall be conducted and 
156.24  summary hearings held upon reports and upon the sentence to be 
156.25  imposed in accordance with this section, section 244.10 
156.26  (sentencing hearing), and the rules of criminal procedure. 
156.27     Subd. 2.  [CONTENTS OF WORKSHEET.] The supreme court shall 
156.28  promulgate rules uniformly applicable to all district courts for 
156.29  the form and contents of sentencing worksheets. 
156.30     Subd. 3.  [LIFE POSTSENTENCE INVESTIGATION.] If the 
156.31  defendant is convicted of a crime for which a mandatory sentence 
156.32  of life imprisonment is provided by law, the probation officer 
156.33  of the court, if there is one, otherwise the commissioner of 
156.34  corrections, shall forthwith make a postsentence investigation 
156.35  and a written report as provided by subdivision 1. 
156.36     Subd. 4.  [LAW ENFORCEMENT AGENCIES DUTY.] All law 
157.1   enforcement agencies shall make available to the probation 
157.2   officer or the commissioner of corrections the criminal record 
157.3   and other relevant information relating to the defendant that 
157.4   they may have, when requested for the purposes of subdivisions 1 
157.5   and 3. 
157.6      Subd. 5.  [DEFENSE ACCESS TO REPORT.] Any report made 
157.7   pursuant to subdivision 1 shall be, if written, provided to 
157.8   counsel for all parties before sentence.  The written report 
157.9   shall not disclose confidential sources of information unless 
157.10  the court otherwise directs.  On the request of the prosecuting 
157.11  attorney or the defendant's attorney a summary hearing in 
157.12  chambers shall be held on any matter brought in issue, but 
157.13  confidential sources of information shall not be disclosed 
157.14  unless the court otherwise directs.  If the presentence report 
157.15  is given orally, the defendant or the defendant's attorney shall 
157.16  be permitted to hear the report. 
157.17     Subd. 6.  [REPORT TO ACCOMPANY COMMITMENT.] If the 
157.18  defendant is sentenced to the commissioner of corrections, a 
157.19  copy of any report made pursuant to this section and not made by 
157.20  the commissioner shall accompany the commitment. 
157.21     Subd. 7.  [NONDISCLOSURE OF REPORT.] Except as provided in 
157.22  subdivisions 5 and 6 or as otherwise directed by the court any 
157.23  report made pursuant to this section shall not be disclosed. 
157.24     Subd. 8.  [STAY OF IMPOSITION BECAUSE OF APPEAL.] If 
157.25  imposition of sentence is stayed because of an appeal taken or 
157.26  to be taken, the presentence investigation provided for in this 
157.27  section shall not be made until the stay has expired or has 
157.28  otherwise been terminated. 
157.29     Subd. 9.  [CHEMICAL USE ASSESSMENT REQUIRED.] (a) If a 
157.30  person is convicted of a felony, the probation officer shall 
157.31  determine in the report prepared under subdivision 1 whether 
157.32  alcohol or drug use was a contributing factor to the commission 
157.33  of the offense.  If so, the report shall include the results of 
157.34  a chemical use assessment conducted in accordance with this 
157.35  subdivision.  The probation officer shall make an appointment 
157.36  for the defendant to undergo the chemical use assessment if so 
158.1   indicated. 
158.2      (b) The chemical use assessment report must include a 
158.3   recommended level of care for the defendant in accordance with 
158.4   the criteria contained in rules adopted by the commissioner of 
158.5   human services under section 254A.03, subdivision 3 (criteria 
158.6   for determining appropriate level of chemical dependency care).  
158.7   The assessment must be conducted by an assessor qualified under 
158.8   rules adopted by the commissioner of human services under 
158.9   section 254A.03, subdivision 3.  An assessor providing a 
158.10  chemical use assessment may not have any direct or shared 
158.11  financial interest or referral relationship resulting in shared 
158.12  financial gain with a treatment provider.  If an independent 
158.13  assessor is not available, the probation officer may use the 
158.14  services of an assessor authorized to perform assessments for 
158.15  the county social services agency under a variance granted under 
158.16  rules adopted by the commissioner of human services under 
158.17  section 254A.03, subdivision 3. 
158.18     Subd. 10.  [COMPULSIVE GAMBLING ASSESSMENT REQUIRED.] (a) 
158.19  If a person is convicted of a felony for theft under section 
158.20  609G.11, or forgery under section 609G.35 (making or offering 
158.21  forged check), 609H.81 (aggravated forgery), or 609H.83 
158.22  (forgery), the probation officer shall determine in the report 
158.23  prepared under subdivision 1 whether compulsive gambling 
158.24  contributed to the commission of the offense.  If so, the report 
158.25  shall contain the results of a compulsive gambling assessment 
158.26  conducted in accordance with this subdivision.  The probation 
158.27  officer shall make an appointment for the offender to undergo 
158.28  the assessment if so indicated. 
158.29     (b) The compulsive gambling assessment report must include 
158.30  a recommended level of treatment for the offender if the 
158.31  assessor concludes that the offender is in need of compulsive 
158.32  gambling treatment.  The assessment must be conducted by an 
158.33  assessor qualified under section 245.98, subdivision 2a 
158.34  (assessment of certain offenders), to perform these assessments 
158.35  or to provide compulsive gambling treatment.  An assessor 
158.36  providing a compulsive gambling assessment may not have any 
159.1   direct or shared financial interest or referral relationship 
159.2   resulting in shared financial gain with a treatment provider.  
159.3   If an independent assessor is not available, the probation 
159.4   officer may use the services of an assessor with a financial 
159.5   interest or referral relationship as authorized under rules 
159.6   adopted by the commissioner of human services under section 
159.7   245.98, subdivision 2a. 
159.8      (c) The commissioner of human services shall reimburse the 
159.9   assessor for the costs associated with a compulsive gambling 
159.10  assessment at a rate established by the commissioner up to a 
159.11  maximum of $100 for each assessment.  The commissioner shall 
159.12  reimburse these costs after receiving written verification from 
159.13  the probation officer that the assessment was performed and 
159.14  found acceptable. 
159.15     Sec. 41.  [609A.63] [CONTINUANCE FOR DISMISSAL.] 
159.16     The decision to offer or agree to a continuance for 
159.17  dismissal of a criminal prosecution is an exercise of 
159.18  prosecutorial discretion resting solely with the prosecuting 
159.19  attorney. 
159.20     Sec. 42.  [609A.65] [STAY OF IMPOSITION OR EXECUTION OF 
159.21  SENTENCE.] 
159.22     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
159.23  sentence of life imprisonment is required by law, or when a 
159.24  mandatory minimum sentence is required by section 609A.49, any 
159.25  court may stay imposition or execution of sentence and may: 
159.26     (1) order intermediate sanctions without placing the 
159.27  defendant on probation; or 
159.28     (2) place the defendant on probation with or without 
159.29  supervision and on the terms the court prescribes, including 
159.30  intermediate sanctions when practicable. 
159.31     (b) The court may order supervision to be under the 
159.32  probation officer of the court, or, if there is none and the 
159.33  conviction is for a felony or gross misdemeanor, by the 
159.34  commissioner of corrections, or in any case by some other 
159.35  suitable and consenting person. 
159.36     (c) A court may not order an intermediate sanction to be 
160.1   performed at a location that fails to observe applicable 
160.2   requirements or standards of chapter 181A (child labor) or 182 
160.3   (occupational safety and health), or any rule promulgated 
160.4   thereunder. 
160.5      (d) A court may not stay the revocation of the driver's 
160.6   license of a person convicted of violating the provisions of 
160.7   section 169B.11 (driver under influence) or 169B.41 (refusal to 
160.8   test). 
160.9      Subd. 2.  [FAILURE TO PAY RESTITUTION OR FINE.] If the 
160.10  court orders payment of restitution or a fine as a condition of 
160.11  probation and if the defendant fails to pay the restitution or a 
160.12  fine in accordance with the payment schedule or structure 
160.13  established by the court or the probation officer, the 
160.14  prosecutor or the defendant's probation officer may, on the 
160.15  prosecutor's or the officer's own motion or at the request of 
160.16  the victim, ask the court to hold a hearing to determine whether 
160.17  the conditions of probation should be changed or probation 
160.18  should be revoked.  The defendant's probation officer shall ask 
160.19  for the hearing if the restitution or fine ordered has not been 
160.20  paid 60 days before the term of probation expires.  The court 
160.21  shall schedule and hold this hearing and take appropriate 
160.22  action, including action under subdivision 3, paragraph (g), 
160.23  before the defendant's term of probation expires. 
160.24     Subd. 3.  [LIMITS ON STAY.] (a) If the conviction is for a 
160.25  felony, the stay shall be for not more than four years or the 
160.26  maximum period for which the sentence of imprisonment might have 
160.27  been imposed, whichever is longer. 
160.28     (b) If the conviction is for a gross misdemeanor violation 
160.29  of section 169B.11 (driver under influence) or 169B.41 (refusal 
160.30  to test), the stay shall be for not more than four years.  The 
160.31  court shall provide for unsupervised probation for the last one 
160.32  year of the stay unless the court finds that the defendant needs 
160.33  supervised probation for all or part of the last one year. 
160.34     (c) If the conviction is for a gross misdemeanor not 
160.35  specified in paragraph (b) or for a first degree misdemeanor, 
160.36  the stay shall be for not more than two years. 
161.1      (d) If the conviction is for any second degree misdemeanor 
161.2   under section 169B.11 (driver under influence); 169B.41 (refusal 
161.3   to test); 609D.75 (obscene telephone call); or for a misdemeanor 
161.4   under section 609C.21 (assault), in which the victim of the 
161.5   crime was a family or household member, the stay shall be for 
161.6   not more than two years.  The court shall provide for 
161.7   unsupervised probation for the second year of the stay unless 
161.8   the court finds that the defendant needs supervised probation 
161.9   for all or part of the second year. 
161.10     (e) If the conviction is for a second degree misdemeanor 
161.11  not specified in paragraph (d) or for a third degree 
161.12  misdemeanor, the stay shall be for not more than one year. 
161.13     (f) The defendant shall be discharged six months after the 
161.14  term of the stay expires, unless the stay has been revoked or 
161.15  extended under paragraph (g), or the defendant has already been 
161.16  discharged. 
161.17     (g) Notwithstanding the maximum periods specified for stays 
161.18  of sentences under paragraphs (a) to (f), a court may extend a 
161.19  defendant's term of probation for up to one year if it finds, at 
161.20  a hearing conducted under subdivision 2, that: 
161.21     (1) the defendant has not paid court-ordered restitution or 
161.22  a fine in accordance with the payment schedule or structure; and 
161.23     (2) the defendant is likely to not pay the restitution or 
161.24  fine the defendant owes before the term of probation expires.  
161.25  This one-year extension of probation for failure to pay 
161.26  restitution or a fine may be extended by the court for up to one 
161.27  additional year if the court finds, at another hearing conducted 
161.28  under subdivision 2, that the defendant still has not paid the 
161.29  court-ordered restitution or fine that the defendant owes. 
161.30     Subd. 4.  [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] The 
161.31  court shall report to the commissioner of public safety any stay 
161.32  of imposition or execution granted in the case of a conviction 
161.33  for an offense in which a motor vehicle, as defined in section 
161.34  169A.05, was used. 
161.35     Subd. 5.  [INCARCERATION AS CONDITION OF PROBATION.] Upon 
161.36  conviction of a felony, the court may, as a condition of 
162.1   probation, require the defendant to serve up to one year 
162.2   incarceration in a county jail, county regional jail, county 
162.3   workfarm, county workhouse, or other local correctional 
162.4   facility, or require the defendant to pay a fine, or both.  The 
162.5   court may allow the defendant the work release privileges of 
162.6   section 631.425 during the period of incarceration. 
162.7      Subd. 6.  [COUNSELING.] If a person is convicted of 
162.8   assaulting a spouse or other person with whom the person 
162.9   resides, and the court stays imposition or execution of sentence 
162.10  and places the defendant on probation, the court must condition 
162.11  the stay upon the defendant's participation in counseling or 
162.12  other appropriate programs selected by the court. 
162.13     Subd. 7.  [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] 
162.14  (a) Until the commissioner of corrections has adopted standards 
162.15  governing electronic monitoring devices used to protect victims 
162.16  of domestic abuse, the court, as a condition of a stay of 
162.17  imposition or execution of a sentence, may not order an offender 
162.18  convicted of a crime described in paragraph (b) to use an 
162.19  electronic monitoring device to protect a victim's safety. 
162.20     (b) This subdivision applies to the following crimes, if 
162.21  committed by the defendant against a family or household member: 
162.22     (1) assault under section 609C.21; 
162.23     (2) violation of order for protection under section 
162.24  609C.253 or 609C.255; 
162.25     (3) criminal sexual conduct under section 609C.51; 
162.26     (4) terroristic conduct under section 609D.61; 
162.27     (5) harassing telephone calls under section 609D.71, 
162.28  subdivision 1, paragraph (a) or (b); 
162.29     (6) indecent conduct in presence of minor under age 16 
162.30  under section 609D.81; 
162.31     (7) burglary under section 609H.31; 
162.32     (8) criminal damage to property under section 609H.41; 
162.33     (9) trespass under section 609H.51; and 
162.34     (10) disorderly conduct under section 609J.15. 
162.35     (c) Notwithstanding paragraph (a), the judges in the tenth 
162.36  judicial district may order, as a condition of a stay of 
163.1   imposition or execution of a sentence, a defendant convicted of 
163.2   a crime described in paragraph (b), to use an electronic 
163.3   monitoring device to protect the victim's safety.  The judges 
163.4   shall make data on the use of electronic monitoring devices to 
163.5   protect a victim's safety in the tenth judicial district 
163.6   available to the commissioner of corrections to evaluate and to 
163.7   aid in development of standards for the use of devices to 
163.8   protect victims of domestic abuse. 
163.9      Subd. 8.  [PREFERENCE FOR INTERMEDIATE SANCTIONS.] A court 
163.10  staying imposition or execution of a sentence that does not 
163.11  include a term of incarceration as a condition of the stay shall 
163.12  order other intermediate sanctions where practicable. 
163.13     Subd. 9.  [DEMAND OF EXECUTION OF SENTENCE.] An offender 
163.14  may not demand execution of sentence in lieu of a stay of 
163.15  imposition or execution of sentence if the offender will serve 
163.16  less than nine months at the state institution.  This 
163.17  subdivision does not apply to an offender who will be serving 
163.18  the sentence consecutively or concurrently with a previously 
163.19  imposed executed felony sentence. 
163.20     Subd. 10.  [FINE AND SURCHARGE COLLECTION.] A defendant's 
163.21  obligation to pay court-ordered fines, surcharges, court costs, 
163.22  and fees survives for six years after expiration of the 
163.23  defendant's stayed sentence for the offense for which the fines, 
163.24  surcharges, court costs, and fees were imposed, or six years 
163.25  after the imposition or due date of the fines, surcharges, court 
163.26  costs, and fees, whichever is later.  Nothing in this 
163.27  subdivision extends the period of a defendant's stay of sentence 
163.28  imposition or execution. 
163.29     Sec. 43.  [609A.67] [LOCAL CORRECTIONAL FEES; IMPOSITION BY 
163.30  COURT.] 
163.31     Subdivision 1.  [IMPOSITION OF FEE.] When a court sentences 
163.32  a person convicted of a crime, and places the person under the 
163.33  supervision and control of a local correctional agency, the 
163.34  court shall impose a local correctional fee based on the local 
163.35  correctional agency's fee schedule adopted under section 244.18. 
163.36     Subd. 2.  [FEE EXEMPTION.] The court may waive payment of a 
164.1   local correctional fee if it makes findings on the record that 
164.2   the convicted person is exempt due to any of the factors named 
164.3   under section 244.18, subdivision 4.  The court shall consider 
164.4   prospects for payment during the term of supervision by the 
164.5   local correctional agency. 
164.6      Subd. 3.  [RESTITUTION PAYMENT PRIORITY.] If the court 
164.7   orders the defendant to pay restitution and a local correctional 
164.8   fee, the court shall order that the restitution be paid before 
164.9   the local correctional fee. 
164.10     Sec. 44.  [609A.69] [PAYMENT BY CREDIT CARD.] 
164.11     The court may permit the defendant to pay any fine, 
164.12  assessment, surcharge, attorney reimbursement obligation, or 
164.13  restitution obligation by credit card.  The discount fees 
164.14  assessed by the credit card company shall be borne by the 
164.15  county, except in the eighth judicial district where the cost 
164.16  shall be borne by the state. 
164.17     Sec. 45.  [609A.71] [MULTIPLE SENTENCES.] 
164.18     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
164.19  SPECIFICATION REQUIREMENT.] When separate sentences of 
164.20  incarceration are imposed on a defendant for two or more crimes, 
164.21  whether charged in a single charging document or separately, or 
164.22  when a person under sentence of incarceration in this state is 
164.23  being sentenced to incarceration for another crime committed 
164.24  prior to or while subject to the former sentence, the court in 
164.25  the later sentence shall specify whether the sentences shall run 
164.26  concurrently or consecutively.  If the court does not so 
164.27  specify, the sentences shall run concurrently. 
164.28     Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
164.29  MISDEMEANOR.] If the court specifies that the sentence shall run 
164.30  consecutively and all of the sentences are for misdemeanors, the 
164.31  total of the sentences shall not exceed one year.  If the 
164.32  sentences are for a gross misdemeanor and one or more 
164.33  misdemeanors, the total of the sentences shall not exceed two 
164.34  years.  If all of the sentences are for gross misdemeanors, the 
164.35  total of the sentences shall not exceed four years. 
164.36     Sec. 46.  [609A.73] [CREDIT FOR PRIOR CONFINEMENT.] 
165.1      Subdivision 1.  [INCARCERATION FOR CONVICTION THAT IS SET 
165.2   ASIDE.] When a person has been incarcerated pursuant to a 
165.3   conviction that is set aside and is thereafter convicted of a 
165.4   crime growing out of the same act or omission, the period of 
165.5   incarceration to which the person is sentenced is reduced by the 
165.6   period of the prior incarceration and the time earned thereby in 
165.7   diminution of sentence. 
165.8      Subd. 2.  [CONFINEMENT AFTER FELONY CONVICTION.] A sentence 
165.9   of imprisonment upon a felony conviction is reduced by the 
165.10  period of confinement following the conviction and before the 
165.11  defendant's commitment to the commissioner of corrections for 
165.12  execution of sentence unless the court otherwise directs.  
165.13     Sec. 47.  [609A.75] [WHEN CONVICTION IS DEEMED CONVICTION 
165.14  OF LESSER OFFENSE.] 
165.15     Subdivision 1.  [FELONY CONVICTION.] Notwithstanding that a 
165.16  conviction is for a felony: 
165.17     (a) the conviction is deemed to be for a gross misdemeanor, 
165.18  first degree misdemeanor, second degree misdemeanor, or third 
165.19  degree misdemeanor if the sentence imposed is within the limits 
165.20  provided by law for a gross misdemeanor, first degree 
165.21  misdemeanor, second degree misdemeanor, or third degree 
165.22  misdemeanor under sections 609A.375 to 609A.378; or 
165.23     (b) the conviction is deemed to be for a second degree 
165.24  misdemeanor if the imposition of any prison sentence is stayed, 
165.25  the defendant is placed on probation, and the defendant is 
165.26  thereafter discharged without imposition of any prison sentence. 
165.27     Subd. 2.  [MISDEMEANOR OR GROSS MISDEMEANOR CONVICTION.] 
165.28  Notwithstanding that a conviction is for a gross misdemeanor, 
165.29  first degree misdemeanor, second degree misdemeanor, or third 
165.30  degree misdemeanor: 
165.31     (a) the conviction is deemed to be for a first degree 
165.32  misdemeanor, second degree misdemeanor, third degree 
165.33  misdemeanor, or infraction if the sentence imposed is within the 
165.34  limits provided by law for a first degree misdemeanor, second 
165.35  degree misdemeanor, third degree misdemeanor, or infraction 
165.36  under sections 609A.376 to 609A.379; or 
166.1      (b) if the imposition of sentence is stayed, the defendant 
166.2   is placed on probation, and the defendant is thereafter 
166.3   discharged without imposition of any sentence: 
166.4      (1) if the conviction was for a gross misdemeanor or first 
166.5   degree misdemeanor, it is deemed to be for a second degree 
166.6   misdemeanor; or 
166.7      (2) if the conviction was for a second degree misdemeanor 
166.8   or a third degree misdemeanor, it is deemed to be for a third 
166.9   degree misdemeanor. 
166.10     Sec. 48.  [609A.79] [RESTRICTION ON USE OF CONVICTION FOR 
166.11  ENHANCEMENT.] 
166.12     Notwithstanding any other law, a conviction for a violation 
166.13  that was originally charged as a misdemeanor and was treated as 
166.14  an infraction under rule 23.04 of the rules of criminal 
166.15  procedure may not be used as the basis for charging a subsequent 
166.16  violation at a higher degree or as a gross misdemeanor rather 
166.17  than a misdemeanor. 
166.18                        POSTSENTENCE MATTERS
166.19     Sec. 49.  [609A.81] [SENTENCE OF INCARCERATION.] 
166.20     Subdivision 1.  [IMPRISONMENT FOR OVER ONE YEAR.] A 
166.21  sentence to imprisonment for more than one year shall commit the 
166.22  defendant to the custody of the commissioner of corrections. 
166.23     Subd. 2.  [COMMISSIONER'S DUTIES.] The commissioner of 
166.24  corrections shall: 
166.25     (a) determine the place of confinement in a prison, 
166.26  reformatory, or other facility of the department of corrections 
166.27  established by law for the confinement of convicted persons; and 
166.28     (b) prescribe reasonable conditions and rules for convicted 
166.29  persons' employment, conduct, instruction, and discipline within 
166.30  or without the facility. 
166.31     Subd. 3.  [INCARCERATION FOR ONE YEAR OR LESS.] A sentence 
166.32  to incarceration for a period of one year or any lesser period 
166.33  shall be to a workhouse, work farm, county jail, or other place 
166.34  authorized by law. 
166.35     Sec. 50.  [609A.83] [REVOCATION OF STAY.] 
166.36     Subdivision 1.  [GROUNDS.] (a) When it appears that the 
167.1   defendant has violated any condition of probation or 
167.2   intermediate sanction, or has otherwise been guilty of 
167.3   misconduct that warrants imposition or execution of sentence, 
167.4   the court may without notice revoke the stay and direct that the 
167.5   defendant be taken into immediate custody. 
167.6      (b) When it appears that the defendant violated any 
167.7   condition of probation during the term of the stay, but the term 
167.8   of the stay has since expired, the defendant's probation officer 
167.9   or the prosecutor may ask the court to initiate probation 
167.10  revocation proceedings under the rules of criminal procedure at 
167.11  any time within six months after expiration of the stay.  The 
167.12  court also may initiate proceedings under these circumstances on 
167.13  its own motion.  If proceedings are initiated within this 
167.14  six-month period, the court may conduct a revocation hearing and 
167.15  take any action authorized under rule 27.04 of the Rules of 
167.16  Criminal Procedure at any time during or after the six-month 
167.17  period. 
167.18     (c) Notwithstanding the provisions of section 609A.65 (stay 
167.19  of sentence) or any law to the contrary, after proceedings to 
167.20  revoke the stay have been initiated by a court order revoking 
167.21  the stay and directing either that the defendant be taken into 
167.22  custody or that a summons be issued in accordance with paragraph 
167.23  (a), the proceedings to revoke the stay may be concluded and the 
167.24  summary hearing provided by subdivision 2 may be conducted after 
167.25  expiration of the stay or after the six-month period set forth 
167.26  in paragraph (b).  The proceedings to revoke the stay shall not 
167.27  be dismissed because the summary hearing is conducted after the 
167.28  term of the stay or after the six-month period.  The ability or 
167.29  inability to locate or apprehend the defendant before expiration 
167.30  of the stay or during or after the six-month period does not 
167.31  preclude the court from conducting the summary hearing unless 
167.32  the defendant demonstrates that the state purposefully caused 
167.33  the delay in order to gain an unfair advantage. 
167.34     Subd. 2.  [NOTIFICATION OF GROUNDS FOR REVOCATION.] The 
167.35  defendant shall thereupon be notified in writing and in such 
167.36  manner as the court directs of the grounds alleged to exist for 
168.1   revoking the stay of imposition or execution of sentence.  If 
168.2   the defendant takes issue with the grounds, the court shall 
168.3   conduct a summary hearing thereon at which the defendant is 
168.4   entitled to be heard and to be represented by counsel. 
168.5      Subd. 3.  [SENTENCE.] If any of the grounds are found to 
168.6   exist the court may: 
168.7      (a) if imposition of sentence was previously stayed: 
168.8      (1) again stay imposition of sentence or impose sentence 
168.9   and stay the execution thereof, and in either event place the 
168.10  defendant on probation or order intermediate sanctions pursuant 
168.11  to section 609A.65; or 
168.12     (2) impose sentence and order execution thereof; or 
168.13     (b) if sentence was previously imposed and execution 
168.14  thereof stayed: 
168.15     (1) continue the stay and place the defendant on probation 
168.16  or order intermediate sanctions in accordance with the 
168.17  provisions of section 609A.65; or 
168.18     (2) order execution of the sentence previously imposed. 
168.19     Subd. 4.  [RESTORATION TO LIBERTY.] If none of the grounds 
168.20  are found to exist, the defendant shall be restored to liberty 
168.21  under the previous order of the court. 
168.22     Sec. 51.  [609A.85] [PAROLE OR DISCHARGE.] 
168.23     Subdivision 1.  [SENTENCE LESS THAN LIFE.] A person 
168.24  sentenced to the commissioner of corrections for imprisonment 
168.25  for a period less than life may be paroled or discharged at any 
168.26  time without regard to length of the term of imprisonment that 
168.27  the sentence imposes when in the commissioner's judgment, and 
168.28  under the conditions the commissioner imposes, the granting of 
168.29  parole or discharge would be most conducive to rehabilitation 
168.30  and would be in the public interest. 
168.31     Subd. 2.  [SENTENCE EXCEEDING FIVE YEARS FOR CRIME 
168.32  PUNISHABLE BY TEN YEARS OR LESS.] If a sentence of more than 
168.33  five years is imposed on a defendant for a crime authorizing a 
168.34  sentence of not more than ten years, the commissioner of 
168.35  corrections shall grant the defendant parole no later than after 
168.36  five years of imprisonment, less time granted for good behavior, 
169.1   unless the commissioner determines with or without hearing that 
169.2   the defendant's parole would not be conducive to rehabilitation 
169.3   or would not be in the public interest. 
169.4      Subd. 3.  [OTHER LAWS.] Every sentence to the commissioner 
169.5   of corrections for imprisonment of a defendant is subject to the 
169.6   laws relating to parole and the powers of the commissioner of 
169.7   corrections, except as modified in subdivisions 1 and 2, and to 
169.8   all other laws relating to imprisoned persons and their 
169.9   imprisonment. 
169.10     Sec. 52.  [609A.87] [RESTORATION OF CIVIL RIGHTS; 
169.11  POSSESSION OF FIREARMS.] 
169.12     Subdivision 1.  [RESTORATION.] When a person has been 
169.13  deprived of civil rights because of conviction of a crime and is 
169.14  thereafter discharged, the discharge shall restore the person to 
169.15  all civil rights and to full citizenship, with full right to 
169.16  vote and hold office, the same as if such conviction had not 
169.17  taken place, and the order of discharge shall so provide. 
169.18     Subd. 2.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
169.19  FIREARMS.] The order of discharge must provide that a person who 
169.20  has been convicted of a disqualifying crime is not entitled to 
169.21  ship, transport, possess, or receive any type of firearm until 
169.22  ten years after the person is restored to civil rights or ten 
169.23  years after the sentence or disposition expires, whichever 
169.24  occurs first.  Any person who receives such a discharge and who 
169.25  thereafter receives a relief of disability under United States 
169.26  Code, title 18, section 925, is not subject to the restrictions 
169.27  of this subdivision. 
169.28     Subd. 3.  [DISCHARGE.] The discharge may be: 
169.29     (a) by order of the court following stay of sentence or 
169.30  stay of execution of sentence; or 
169.31     (b) upon expiration of sentence. 
169.32     Subd. 4.  [APPLICABILITY.] This section does not apply to a 
169.33  forfeiture of and disqualification for public office as provided 
169.34  in section 609K.21, subdivision 2. 
169.35                       ANTICIPATORY OFFENSES
169.36     Sec. 53.  [609A.91] [ATTEMPTS.] 
170.1      Subdivision 1.  [GENERALLY.] Whoever, with intent to commit 
170.2   an offense, does an act that is a substantial step toward, and 
170.3   more than preparation for, the commission of the offense is 
170.4   guilty of an attempt to commit that offense, and may be punished 
170.5   as provided in section 609A.913 or 609A.915. 
170.6      Subd. 2.  [IMPOSSIBILITY GENERALLY NO DEFENSE.] An act may 
170.7   be an attempt notwithstanding the circumstances under which the 
170.8   act was performed or the means employed to commit the offense 
170.9   intended or the act itself were such that commission of the 
170.10  offense was not possible, unless the impossibility would have 
170.11  been clearly evident to a person of normal understanding. 
170.12     Subd. 3.  [ABANDONMENT.] It is a defense to a charge of 
170.13  attempt that the offense was not committed because the accused 
170.14  desisted voluntarily and in good faith and abandoned the 
170.15  intention to commit the offense. 
170.16     Sec. 54.  [609A.913] [PENALTY WHEN ATTEMPTED CRIME IS 
170.17  PUNISHABLE BY LIFE IMPRISONMENT.] 
170.18     Whoever attempts to commit a crime may be sentenced to not 
170.19  more than 20 years if the maximum sentence provided for the 
170.20  crime attempted is life imprisonment. 
170.21     Sec. 55.  [609A.915] [PENALTY FOR OTHER ATTEMPT.] 
170.22     Except as provided in section 609A.913, whoever attempts to 
170.23  commit an offense may be sentenced to not more than one-half of 
170.24  the maximum incarceration or fine or both provided for the 
170.25  offense attempted. 
170.26     Sec. 56.  [609A.93] [CONSPIRACY.] 
170.27     Subdivision 1.  [GENERALLY.] A person is guilty of 
170.28  conspiracy and may be sentenced as provided in sections 609A.933 
170.29  to 609A.937 if the person conspires with another to commit an 
170.30  offense and in furtherance of the conspiracy one or more of the 
170.31  parties does some overt act in furtherance of the conspiracy. 
170.32     Subd. 2.  [JURISDICTIONAL APPLICATION.] This section 
170.33  applies if: 
170.34     (a) the defendant in this state conspires with another 
170.35  outside this state; 
170.36     (b) the defendant outside this state conspires with another 
171.1   in this state; 
171.2      (c) the defendant outside this state conspires with another 
171.3   outside of this state and an overt act in furtherance of the 
171.4   conspiracy is committed within this state by either of them; or 
171.5      (d) the defendant in this state conspires with another in 
171.6   this state. 
171.7      Subd. 3.  [CONVICTION OF COCONSPIRATOR NOT REQUIRED.] A 
171.8   person liable under this section may be charged with and 
171.9   convicted of conspiracy although the person or persons with whom 
171.10  that person conspired have not been convicted or have been 
171.11  convicted of some other crime based on the same act. 
171.12     Sec. 57.  [609A.933] [PENALTY FOR CONSPIRACY TO COMMIT 
171.13  FIRST DEGREE MURDER OR TREASON.] 
171.14     Whoever violates section 609A.93 may be sentenced to 
171.15  imprisonment for not more than 20 years if the crime intended is 
171.16  murder in the first degree or treason. 
171.17     Sec. 58.  [609A.935] [PENALTY FOR CONSPIRACY TO COMMIT 
171.18  CONTROLLED SUBSTANCE OFFENSE.] 
171.19     Any person who conspires to commit any act prohibited by 
171.20  chapter 609F (controlled substances) except possession or 
171.21  distribution for no remuneration of a small amount of marijuana 
171.22  as defined in section 609F.21 may be imprisoned, fined, or both, 
171.23  up to the maximum amount authorized by law for the act the 
171.24  person conspired to commit. 
171.25     Sec. 59.  [609A.937] [PENALTY FOR CONSPIRACY TO COMMIT 
171.26  OTHER OFFENSE.] 
171.27     Except as provided in sections 609A.933 and 609A.935, 
171.28  whoever violates section 609A.93 may be sentenced to not more 
171.29  than one-half the incarceration or fine or both provided for the 
171.30  offense intended. 
171.31                             ARTICLE 5 
171.32                           CRIME VICTIMS 
171.33                            DEFINITIONS 
171.34     Section 1.  [609B.01] [SPECIAL DEFINITIONS FOR CHAPTER.] 
171.35     Subdivision 1.  [GENERALLY.] As used in this chapter, the 
171.36  following terms have the meanings given in this section unless 
172.1   the context clearly indicates that a different definition is 
172.2   applicable. 
172.3      Subd. 2.  [CRIME.] "Crime" means: 
172.4      (a) conduct that is prohibited by local ordinance and 
172.5   results in bodily harm to an individual; or 
172.6      (b) conduct that is included within the definition of 
172.7   "crime" in section 609A.07, or would be included within that 
172.8   definition but for the fact that: 
172.9      (1) the person engaging in the conduct lacked capacity to 
172.10  commit the crime under the laws of this state; or 
172.11     (2) the act was alleged or found to have been committed by 
172.12  a juvenile. 
172.13     Subd. 3.  [JUVENILE.] "Juvenile" has the same meaning as 
172.14  given to the term "child" in section 260.015, subdivision 2. 
172.15     Subd. 4.  [VICTIM.] (a) "Victim" means a natural person who 
172.16  incurs loss or harm as a result of a crime, including a good 
172.17  faith effort to prevent a crime, and for purposes of sections 
172.18  609B.21 and 609B.215, also includes: 
172.19     (1) a corporation that incurs loss or harm as a result of a 
172.20  crime; and 
172.21     (2) any other entity authorized to receive restitution 
172.22  under section 609A.43 or 609A.45. 
172.23     (b) If the victim is a natural person and is deceased, 
172.24  "victim" means the deceased's surviving spouse or next of kin. 
172.25               VICTIM PROGRAMS AND SERVICES GENERALLY 
172.26     Sec. 2.  [609B.02] [CRIME VICTIM AND WITNESS ADVISORY 
172.27  COUNCIL.] 
172.28     Subdivision 1.  [CITATION.] This section may be cited as 
172.29  the "Minnesota crime victim and witness advisory council act." 
172.30     Subd. 2.  [COUNCIL CREATED.] The Minnesota crime victim and 
172.31  witness advisory council is established and consists of 16 
172.32  members. 
172.33     Subd. 3.  [MEMBERSHIP.] (a) The crime victim and witness 
172.34  advisory council consists of the following members, appointed by 
172.35  the commissioner of public safety after consulting with the 
172.36  commissioner of corrections: 
173.1      (1) one district court judge appointed upon recommendation 
173.2   of the chief justice of the supreme court; 
173.3      (2) one county attorney appointed upon recommendation of 
173.4   the Minnesota county attorneys association; 
173.5      (3) one public defender appointed upon recommendation of 
173.6   the state public defender; 
173.7      (4) one peace officer; 
173.8      (5) one medical or osteopathic physician licensed to 
173.9   practice in this state; 
173.10     (6) five members who are crime victims or crime victim 
173.11  assistance representatives; 
173.12     (7) three public members; and 
173.13     (8) one member appointed on recommendation of the Minnesota 
173.14  general crime victim coalition. 
173.15     (b) The appointments should take into account sex, race, 
173.16  and geographic distribution.  No more than seven of the members 
173.17  appointed under paragraph (a) may be of one gender.  One of the 
173.18  nonlegislative members must be designated by the commissioner of 
173.19  public safety as chair of the council. 
173.20     (c) Two members of the council shall be members of the 
173.21  legislature who have demonstrated expertise and interest in 
173.22  crime victims issues, one senator appointed under rules of the 
173.23  senate and one member of the house of representatives appointed 
173.24  under rules of the house of representatives. 
173.25     Subd. 4.  [TERMS OF OFFICE.] Section 15.059 governs the 
173.26  terms of office, filling of vacancies, and removal of members of 
173.27  the crime victim and witness advisory council.  Members are 
173.28  eligible for reappointment and appointment may be made to fill 
173.29  an unexpired term.  The members of the council shall elect any 
173.30  additional officers necessary for the efficient discharge of 
173.31  their duties. 
173.32     Subd. 5.  [COMPENSATION.] Each member of the council shall 
173.33  serve without compensation.  However, members of the council 
173.34  shall receive expenses in the same manner and amount as provided 
173.35  in the commissioner's plan under section 43A.18, subdivision 2.  
173.36  Payments for expenses incurred must be paid from the existing 
174.1   appropriation for the administrative portion of the operating 
174.2   budget for the crime victims reparations activity. 
174.3      Subd. 6.  [DUTIES.] The council shall: 
174.4      (a) review on a regular basis the treatment of victims by 
174.5   the criminal justice system and the need and availability of 
174.6   services to victims; 
174.7      (b) advise the agency designated by the governor to apply 
174.8   for victim assistance program grants under chapter 14 of Public 
174.9   Law Number 98-473, in the coordination and allocation of federal 
174.10  funds for crime victims assistance programs; 
174.11     (c) advocate necessary changes and monitor victim-related 
174.12  legislation; 
174.13     (d) provide information, training, and technical assistance 
174.14  to state and local agencies and groups involved in victim and 
174.15  witness assistance; 
174.16     (e) serve as a clearinghouse for information concerning 
174.17  victim and witness programs; 
174.18     (f) develop guidelines for the implementation of victim and 
174.19  witness assistance programs and aid in the creation and 
174.20  development of programs; 
174.21     (g) coordinate the development and implementation of 
174.22  policies and guidelines for the treatment of victims and 
174.23  witnesses, and the delivery of services to them; and 
174.24     (h) develop ongoing public awareness efforts and programs 
174.25  to assist victims. 
174.26     Subd. 7.  [EXECUTIVE DIRECTOR.] The commissioner of public 
174.27  safety shall, with the advice of the advisory council, select 
174.28  and employ an executive director for the council who shall serve 
174.29  in the unclassified service at the pleasure of the commissioner 
174.30  and shall aid the council in the performance of its duties under 
174.31  subdivision 6 and supervise the administration of the Crime 
174.32  Victims Reparations Act. 
174.33     Subd. 8.  [EXPIRATION.] The council expires on June 30, 
174.34  1997. 
174.35     Sec. 3.  [609B.03] [CRIME VICTIM OMBUDSMAN.] 
174.36     Subdivision 1.  [CITATION.] This section may be cited as 
175.1   the "Crime Victim Ombudsman Act." 
175.2      Subd. 2.  [SPECIAL DEFINITIONS.] (a) As used in this 
175.3   section, the following terms have the meanings given. 
175.4      (b) "Appropriate authority" includes anyone who is the 
175.5   subject of a complaint to the crime victim ombudsman or anyone 
175.6   within the agency who is in a supervisory position with regard 
175.7   to one who is the subject of a complaint. 
175.8      (c) "Elements of the criminal justice system" refers to 
175.9   prosecuting attorneys and members of their staff; peace 
175.10  officers; probation and corrections officers; and city, state, 
175.11  and county officials involved in the criminal justice system; 
175.12  and does not include the judiciary. 
175.13     (d) "Victim" refers to anyone or the next of kin of anyone 
175.14  who has been or purports to have been subjected to a criminal 
175.15  act, whether a felony, a gross misdemeanor, or misdemeanor. 
175.16     (e) "Victim assistance program" refers to any entity that 
175.17  provides or claims to provide services and assistance to victims 
175.18  on a regular, ongoing basis. 
175.19     Subd. 3.  [CREATION.] The office of crime victim ombudsman 
175.20  for Minnesota is created.  The ombudsman shall be appointed by 
175.21  the commissioner of public safety with the advice of the 
175.22  advisory council, and shall serve in the unclassified service at 
175.23  the pleasure of the commissioner.  No person may serve as 
175.24  ombudsman while holding any other public office.  The ombudsman 
175.25  is directly accountable to the commissioner of public safety and 
175.26  shall have the authority to investigate decisions, acts, and 
175.27  other matters of the criminal justice system so as to promote 
175.28  the highest attainable standards of competence, efficiency, and 
175.29  justice for crime victims in the criminal justice system. 
175.30     Subd. 4.  [DUTIES.] (a) The crime victim ombudsman may 
175.31  investigate complaints concerning possible violation of the 
175.32  rights of crime victims or witnesses provided under this 
175.33  chapter, the delivery of victim services by victim assistance 
175.34  programs, the administration of the crime victims reparations 
175.35  act, and other complaints of mistreatment by elements of the 
175.36  criminal justice system or victim assistance programs.  The 
176.1   ombudsman shall act as a liaison, when the ombudsman deems 
176.2   necessary, between agencies, either in the criminal justice 
176.3   system or in victim assistance programs, and victims and 
176.4   witnesses.  The ombudsman may be concerned with activities that 
176.5   strengthen procedures and practices that lessen the risk that 
176.6   objectionable administrative acts will occur.  The ombudsman 
176.7   must be made available through the use of a toll free telephone 
176.8   number and shall answer questions concerning the criminal 
176.9   justice system and victim services put to the ombudsman by 
176.10  victims and witnesses in accordance with the ombudsman's 
176.11  knowledge of the facts or law, unless the information is 
176.12  otherwise restricted.  The ombudsman shall establish a procedure 
176.13  for referral to the crime victim crisis centers, the crime 
176.14  victims reparations board, and other victim assistance programs 
176.15  when services are requested by crime victims or deemed necessary 
176.16  by the ombudsman. 
176.17     (b) The ombudsman's files are confidential data as defined 
176.18  in section 13.02, subdivision 3, during the course of an 
176.19  investigation or while the files are active.  Upon completion of 
176.20  the investigation or when the files are placed on inactive 
176.21  status, they are private data on individuals as defined in 
176.22  section 13.02, subdivision 12. 
176.23     Subd. 5.  [POWERS.] The crime victim ombudsman has those 
176.24  powers necessary to carry out the duties set out in subdivision 
176.25  3, including: 
176.26     (a) The ombudsman may investigate, with or without a 
176.27  complaint, any action of an element of the criminal justice 
176.28  system or a victim assistance program included in subdivision 4. 
176.29     (b) The ombudsman may request and shall be given access to 
176.30  information and assistance the ombudsman considers necessary for 
176.31  the discharge of responsibilities.  The ombudsman may inspect, 
176.32  examine, and be provided copies of records and documents of all 
176.33  elements of the criminal justice system and victim assistance 
176.34  programs.  The ombudsman may request and shall be given access 
176.35  to police reports pertaining to juveniles and juvenile 
176.36  delinquency petitions, notwithstanding section 260.161.  Any 
177.1   information received by the ombudsman retains its data 
177.2   classification under chapter 13 while in the ombudsman's 
177.3   possession.  Juvenile records obtained under this subdivision 
177.4   may not be released to any person. 
177.5      (c) The ombudsman may prescribe the methods by which 
177.6   complaints are to be made, received, and acted upon; may 
177.7   determine the scope and manner of investigations to be made; and 
177.8   subject to the requirements of this section, may determine the 
177.9   form, frequency, and distribution of ombudsman conclusions, 
177.10  recommendations, and proposals. 
177.11     (d) After completing investigation of a complaint, the 
177.12  ombudsman shall inform in writing the complainant, the 
177.13  investigated person or entity, and other appropriate authorities 
177.14  of the action taken.  If the complaint involved the conduct of 
177.15  an element of the criminal justice system in relation to a 
177.16  criminal or civil proceeding, the ombudsman's findings shall be 
177.17  forwarded to the court in which the proceeding occurred. 
177.18     (e) Before announcing a conclusion or recommendation that 
177.19  expressly or impliedly criticizes an administrative agency or 
177.20  any person, the ombudsman shall consult with that agency or 
177.21  person. 
177.22     Subd. 6.  [NO COMPELLED TESTIMONY.] Neither the ombudsman 
177.23  nor any member of the ombudsman's staff may be compelled to 
177.24  testify or produce evidence in any judicial or administrative 
177.25  proceeding with respect to matters involving the exercise of 
177.26  official duties except as may be necessary to enforce the 
177.27  provisions of this section. 
177.28     Subd. 7.  [RECOMMENDATIONS.] (a) On finding a complaint 
177.29  valid after duly considering the complaint and whatever material 
177.30  the ombudsman deems pertinent, the ombudsman may recommend 
177.31  action to the appropriate authority. 
177.32     (b) If the ombudsman makes a recommendation to an 
177.33  appropriate authority for action, the authority shall, within a 
177.34  reasonable time period, but not more than 30 days, inform the 
177.35  ombudsman about the action taken or the reasons for not 
177.36  complying with the recommendation. 
178.1      (c) The ombudsman may publish conclusions and suggestions 
178.2   by transmitting them to the governor, the legislature or any of 
178.3   its committees, the press, and others who may be concerned.  
178.4   When publishing an opinion adverse to an administrative agency, 
178.5   the ombudsman shall include any statement the administrative 
178.6   agency may have made to the ombudsman by way of explaining its 
178.7   past difficulties or its present rejection of the ombudsman's 
178.8   proposals. 
178.9      Subd. 8.  [REPORTS.] In addition to whatever reports the 
178.10  ombudsman may make from time to time, the ombudsman shall 
178.11  biennially report to the legislature and to the governor 
178.12  concerning the exercise of ombudsman functions during the 
178.13  preceding biennium.  The biennial report is due on or before the 
178.14  beginning of the legislative session following the end of the 
178.15  biennium. 
178.16     Sec. 4.  [609B.04] [CRIME VICTIM SERVICES TELEPHONE LINE.] 
178.17     The commissioner of public safety shall operate at least 
178.18  one statewide toll-free 24-hour telephone line for the purpose 
178.19  of providing crime victims with referrals for victim services 
178.20  and resources. 
178.21     Sec. 5.  [609B.05] [MEDIATION PROGRAMS FOR CRIME VICTIMS 
178.22  AND OFFENDERS.] 
178.23     Subdivision 1.  [Grants.] The state court administrator 
178.24  shall award grants to nonprofit organizations to create or 
178.25  expand mediation programs for crime victims and offenders.  For 
178.26  purposes of this section, "offender" means an adult charged with 
178.27  a nonviolent crime or a juvenile who has been referred to a 
178.28  mediation program before or after a petition for delinquency has 
178.29  been filed in connection with a nonviolent offense, and 
178.30  "nonviolent crime" and "nonviolent offense" exclude any offense 
178.31  in which the victim is a family or household member. 
178.32     Subd. 2.  [PROGRAMS.] The state court administrator shall 
178.33  award grants to further the following goals: 
178.34     (a) to expand existing mediation programs for crime victims 
178.35  and juvenile offenders to also include adult offenders; 
178.36     (b) to initiate victim-offender mediation programs in areas 
179.1   that have no victim-offender mediation programs; 
179.2      (c) to expand the opportunities for crime victims to be 
179.3   involved in the criminal justice process; 
179.4      (d) to evaluate the effectiveness of victim-offender 
179.5   mediation programs in reducing recidivism and encouraging the 
179.6   payment of court-ordered restitution; and 
179.7      (e) to evaluate the satisfaction of victims who participate 
179.8   in the mediation programs. 
179.9      Subd. 3.  [MEDIATOR QUALIFICATIONS.] The state court 
179.10  administrator shall establish criteria to ensure that mediators 
179.11  participating in the program are qualified. 
179.12     Subd. 4.  [MATCH REQUIRED.] A nonprofit organization may 
179.13  not receive a grant under this section unless the group has 
179.14  raised a matching amount from other sources. 
179.15     Sec. 6.  [609B.06] [CRIME VICTIM SERVICES ROUNDTABLE.] 
179.16     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
179.17  roundtable is created and shall be convened by the commissioner 
179.18  of administration or a designee.  The roundtable membership 
179.19  shall include representatives from the following:  the 
179.20  departments of health; human services; children, families, and 
179.21  learning; corrections; and public safety; the supreme court; the 
179.22  Minnesota planning agency; the office of the attorney general; 
179.23  the office of crime victim ombudsman; the county attorneys 
179.24  association; and the office of dispute resolution.  The 
179.25  roundtable membership shall also include one person representing 
179.26  the four councils designated in sections 3.922, 3.9223, 3.9225, 
179.27  and 3.9226. 
179.28     Subd. 2.  [DUTIES.] The crime victim services roundtable 
179.29  shall meet at least four times each year to discuss issues 
179.30  concerning victim services, including, but not limited to, 
179.31  methods for improving the delivery of and securing increased 
179.32  funding for victim services.  The roundtable shall present to 
179.33  the legislature any initiatives, including those for increasing 
179.34  efficiency in the administration of services, which require 
179.35  legislative action. 
179.36     Sec. 7.  [609B.07] [REPORT TO LEGISLATURE.] 
180.1      The commissioner of public safety shall report to the 
180.2   legislature biennially on the activities of crime victim 
180.3   programs under this chapter. 
180.4              VICTIM RIGHTS IN CRIMINAL JUSTICE PROCESS 
180.5      Sec. 8.  [609B.11] [SCOPE.] 
180.6      The rights afforded to crime victims in sections 609B.11 to 
180.7   609B.157 are applicable to adult criminal cases, juvenile 
180.8   delinquency proceedings, juvenile traffic proceedings involving 
180.9   driving under the influence of alcohol or drugs, and proceedings 
180.10  involving any other act committed by a juvenile that would be a 
180.11  crime if committed by an adult. 
180.12     Sec. 9.  [609B.113] [RIGHT TO NOTICE OF SERVICES AND 
180.13  RIGHTS.] 
180.14     Subdivision 1.  [VICTIMS' RIGHTS.] (a) The crime victim and 
180.15  witness advisory council shall develop two model notices of the 
180.16  rights of crime victims. 
180.17     (b) The initial notice of the rights of crime victims must 
180.18  be distributed by a peace officer to each victim at the time of 
180.19  initial contact with the victim.  The notice must inform a 
180.20  victim of: 
180.21     (1) the victim's right to apply for reparations to cover 
180.22  losses, not including property losses, resulting from a violent 
180.23  crime and the telephone number to call to request an 
180.24  application; 
180.25     (2) the victim's right to request that the law enforcement 
180.26  agency withhold public access to data revealing the victim's 
180.27  identity under section 13.82, subdivision 10, paragraph (d); 
180.28     (3) the additional rights of domestic abuse victims as 
180.29  described in sections 609B.31 and 609B.315; 
180.30     (4) information on the nearest crime victim assistance 
180.31  program or resource; and 
180.32     (5) the victim's rights, if an offender is charged, to be 
180.33  informed of and participate in the prosecution process, 
180.34  including the right to request restitution. 
180.35     (c) A supplemental notice of the rights of crime victims 
180.36  must be distributed by the city or county attorney's office to 
181.1   each victim, within a reasonable time after the offender is 
181.2   charged or petitioned.  This notice must inform a victim of all 
181.3   the rights of crime victims under this chapter. 
181.4      Subd. 2.  [NOTICE OF THE RIGHTS OF VICTIMS IN JUVENILE 
181.5   COURT.] (a) The crime victim and witness advisory council shall 
181.6   develop a notice of the rights of victims in juvenile court that 
181.7   explains: 
181.8      (1) the rights of victims in the juvenile court; 
181.9      (2) when a juvenile matter is public; 
181.10     (3) the procedures to be followed in juvenile court 
181.11  proceedings; and 
181.12     (4) other relevant matters. 
181.13     (b) The juvenile court shall distribute a copy of the 
181.14  notice to each victim of juvenile crime who attends a juvenile 
181.15  court proceeding, along with a notice of services for victims 
181.16  available in that judicial district. 
181.17     Sec. 10.  [609B.115] [RIGHT TO REQUEST WITHHOLDING OF 
181.18  CERTAIN DATA.] 
181.19     A victim has a right under section 13.82, subdivision 10, 
181.20  paragraph (d), to request a law enforcement agency to withhold 
181.21  public access to data revealing the victim's identity. 
181.22     Sec. 11.  [609B.117] [RIGHT TO NOTICE OF OFFENDER'S 
181.23  PRETRIAL RELEASE AND BAIL HEARING.] 
181.24     A victim of a crime of violence has a right under sections 
181.25  629.725 and 629.73 to be notified of the date, approximate time, 
181.26  and place of the offender s upcoming bail hearing and has a 
181.27  right to be notified when the offender is released from pretrial 
181.28  detention. 
181.29     Sec. 12.  [609B.12] [RIGHT TO NOTICE OF STOLEN VEHICLE 
181.30  RECOVERY.] 
181.31     (a) A law enforcement agency shall make a reasonable and 
181.32  good-faith effort to notify the victim of a reported vehicle 
181.33  theft within 48 hours after the agency recovers the vehicle.  
181.34  The notice must specify when the agency expects to release the 
181.35  vehicle to the owner and how the owner may pick up the vehicle.  
181.36     (b) A vehicle owner has the right to dismissal of a traffic 
182.1   citation under section 169H.43, subdivision 2, if the owner 
182.2   provides verification that the vehicle was stolen at the time of 
182.3   the violation. 
182.4      Sec. 13.  [609B.123] [RIGHT TO NOTICE OF PRETRIAL DIVERSION 
182.5   OR PLEA AGREEMENT.] 
182.6      Subdivision 1.  [PRETRIAL DIVERSION.] A prosecutor shall 
182.7   make every reasonable effort to notify and seek input from the 
182.8   victim prior to referring a person into a pretrial diversion 
182.9   program in lieu of prosecution for an assault or a violent 
182.10  crime, as defined in section 609A.07. 
182.11     Subd. 2.  [PLEA AGREEMENTS.] (a) Prior to the entry of the 
182.12  factual basis for a plea pursuant to a plea agreement 
182.13  recommendation, a prosecuting attorney shall make a reasonable 
182.14  and good faith effort to inform the victim of: 
182.15     (1) the contents of the plea agreement recommendation, 
182.16  including the amount of time recommended for the defendant to 
182.17  serve in jail or prison if the court accepts the agreement; and 
182.18     (2) the right to be present at the sentencing hearing and 
182.19  to express orally or in writing, at the victim's option, any 
182.20  objection to the agreement or to the proposed disposition.  If 
182.21  the victim is not present when the court considers the 
182.22  recommendation, but has communicated objections to the 
182.23  prosecuting attorney, the prosecuting attorney shall make these 
182.24  objections known to the court. 
182.25     (b) A prosecuting attorney satisfies the requirements of 
182.26  this subdivision by notifying: 
182.27     (1) the victim's legal guardian or guardian ad litem; or 
182.28     (2) the three victims the prosecuting attorney believes to 
182.29  have suffered the most, if there are more than three victims of 
182.30  the offense. 
182.31     Sec. 14.  [609B.125] [RIGHT TO REQUEST SPEEDY TRIAL AND 
182.32  NOTICE OF SCHEDULE CHANGE.] 
182.33     Subdivision 1.  [RIGHT TO REQUEST SPEEDY TRIAL.] A victim 
182.34  has the right to request that the prosecutor make a demand under 
182.35  rule 11.10 of the Rules of Criminal Procedure that the trial be 
182.36  commenced within 60 days after the demand.  The prosecutor shall 
183.1   make reasonable efforts to comply with the victim's request. 
183.2      Subd. 2.  [NOTICE OF SCHEDULE CHANGE.] A prosecutor shall 
183.3   make reasonable efforts to provide advance notice of any change 
183.4   in the schedule of the court proceedings to a victim who has 
183.5   been subpoenaed or requested to testify. 
183.6      Sec. 15.  [609B.127] [RIGHT TO SEPARATE WAITING AREAS IN 
183.7   COURTHOUSE.] 
183.8      The court shall provide a waiting area for victims during 
183.9   court proceedings which is separate from the waiting area used 
183.10  by the defendant, the defendant's relatives, and defense 
183.11  witnesses, if such a waiting area is available and its use is 
183.12  practical.  If a separate waiting area for victims is not 
183.13  available or practical, the court shall provide other safeguards 
183.14  to minimize the victim's contact with the defendant, the 
183.15  defendant's relatives, and defense witnesses during court 
183.16  proceedings, such as increased bailiff surveillance and victim 
183.17  escorts. 
183.18     Sec. 16.  [609B.13] [RIGHT TO PRESENCE OF SUPPORTIVE 
183.19  PERSON.] 
183.20     Subdivision 1.  [JUVENILE DELINQUENCY PROCEEDINGS.] 
183.21  Notwithstanding any provision to the contrary in section 
183.22  260.155, subdivision 1 (juvenile hearing), in any delinquency 
183.23  proceedings in which the alleged victim of the delinquent act is 
183.24  testifying in court, the victim may choose to have a supportive 
183.25  person who is not scheduled to be a witness in the proceedings, 
183.26  present during the victim's testimony. 
183.27     Subd. 2.  [ADULT CRIMINAL PROCEEDINGS; CHILD ABUSE AND 
183.28  DISQUALIFYING CRIME CASES.] Notwithstanding any other law, a 
183.29  prosecuting witness under 18 years of age in a case involving 
183.30  child abuse as defined in section 630.36, subdivision 2, a 
183.31  disqualifying crime, as defined in section 609A.07, or an 
183.32  assault under section 609C.21, may choose to have in attendance 
183.33  or be accompanied by a parent, guardian, or other supportive 
183.34  person, whether or not a witness, at the omnibus hearing or at 
183.35  the trial, during testimony of the prosecuting witness.  If the 
183.36  person so chosen is also a prosecuting witness, the prosecution 
184.1   shall present on noticed motion, evidence that the person's 
184.2   attendance is both desired by the prosecuting witness for 
184.3   support and will be helpful to the prosecuting witness.  Upon 
184.4   that showing the court shall grant the request unless 
184.5   information presented by the defendant or noticed by the court 
184.6   establishes that the support person's attendance during the 
184.7   testimony of the prosecuting witness would pose a substantial 
184.8   risk of influencing or affecting the content of that testimony. 
184.9      Subd. 3.  [PRETRIAL HEARINGS IN CRIMINAL SEXUAL CONDUCT 
184.10  CASES.] Notwithstanding any other law, a prosecuting witness in 
184.11  any case involving criminal sexual conduct under section 609C.51 
184.12  may choose to be accompanied by a supportive person, whether or 
184.13  not a witness, at the omnibus or other pretrial hearing.  If the 
184.14  supportive person is also a witness, the prosecution and the 
184.15  court shall follow the motion procedure outlined in subdivision 
184.16  1 to determine whether or not the supportive person's presence 
184.17  will be permitted. 
184.18     Sec. 17.  [609B.133] [RIGHT TO ADDRESS CONFIDENTIALITY.] 
184.19     No victim or witness providing testimony in court 
184.20  proceedings may be compelled to state a home or employment 
184.21  address on the record in open court unless the court finds that 
184.22  the testimony would be relevant evidence. 
184.23     Sec. 18.  [609B.135] [RIGHT TO BE PROTECTED FROM EMPLOYER 
184.24  RETALIATION.] 
184.25     Subdivision 1.  [UNLAWFUL CONDUCT.] (a) An employer or 
184.26  employer's agent who threatens to discharge or discipline a 
184.27  victim or witness, or who discharges, disciplines, or causes a 
184.28  victim or witness to be discharged from employment or 
184.29  disciplined because the victim or the witness is subpoenaed or 
184.30  requested by the prosecutor to attend court for the purpose of 
184.31  giving testimony, is guilty of employer retaliation and may be 
184.32  punished as provided in section 609B.137. 
184.33     (b) Alternatively, this conduct constitutes contempt of 
184.34  court and is subject to the provisions of chapter 588. 
184.35     Subd. 2.  [REINSTATEMENT AND BACKPAY.] Upon convicting an 
184.36  employer or employer s agent for violating subdivision 1, the 
185.1   court shall order the employer to offer job reinstatement to any 
185.2   victim or witness discharged from employment in violation of 
185.3   this section, and to pay the victim or witness back wages as 
185.4   appropriate. 
185.5      Sec. 19.  [609B.137] [SECOND DEGREE MISDEMEANOR EMPLOYER 
185.6   RETALIATION.] 
185.7      Whoever violates section 609B.135, subdivision 1, paragraph 
185.8   (a), is guilty of a second degree misdemeanor. 
185.9      Sec. 20.  [609B.14] [RIGHT TO SUBMIT STATEMENT IN 
185.10  PRESENTENCE INVESTIGATION REPORT.] 
185.11     Subdivision 1.  [VICTIM IMPACT STATEMENT.] A presentence 
185.12  investigation report prepared under section 609A.61 shall 
185.13  include the following information relating to victims: 
185.14     (a) a summary of the damages or harm and any other problems 
185.15  generated by the criminal occurrence; 
185.16     (b) a concise statement of what disposition the victim 
185.17  deems appropriate for the defendant or juvenile court 
185.18  respondent, including reasons given, if any, by the victim in 
185.19  support of the victim's opinion; and 
185.20     (c) an attachment to the report, consisting of the victim's 
185.21  written objections, if any, to the proposed disposition if the 
185.22  victim provides the officer conducting the presentence 
185.23  investigation with this written material within a reasonable 
185.24  time prior to the disposition. 
185.25     Subd. 2.  [NOTICE TO VICTIM.] (a) The officer conducting a 
185.26  presentence or predispositional investigation shall make 
185.27  reasonable and good faith efforts to contact the victim of the 
185.28  crime and to provide that victim with the following information: 
185.29     (1) the charge or juvenile court petition to which the 
185.30  defendant has been convicted or pleaded guilty, or the juvenile 
185.31  respondent has admitted in court or has been found to have 
185.32  committed by the juvenile court, and of any plea agreement 
185.33  between the prosecution and the defense counsel; 
185.34     (2) the victim's right to request restitution pursuant to 
185.35  section 609B.21; 
185.36     (3) the time and place of the sentencing or juvenile court 
186.1   disposition and the victim's right to be present; and 
186.2      (4) the victim's right to object in writing to the court, 
186.3   prior to the time of sentencing or juvenile court disposition, 
186.4   to the proposed sentence or juvenile dispositional alternative, 
186.5   or to the terms of the proposed plea agreement. 
186.6      (b) To assist the victim in making a recommendation under 
186.7   paragraph (a), clause (4), the officer shall provide the victim 
186.8   with information about the court's options for sentencing and 
186.9   other dispositions.  Failure of the officer to comply with this 
186.10  subdivision does not give any rights or grounds for 
186.11  postconviction or postjuvenile disposition relief to the 
186.12  defendant or juvenile court respondent, nor does it entitle a 
186.13  defendant or a juvenile court respondent to withdraw a plea of 
186.14  guilty. 
186.15     Sec. 21.  [609B.143] [RIGHT TO SUBMIT STATEMENT AT 
186.16  SENTENCING.] 
186.17     A victim has the right to submit an impact statement to the 
186.18  court at the time of sentencing or disposition hearing.  The 
186.19  impact statement may be presented to the court orally or in 
186.20  writing, at the victim's option.  If the victim requests, the 
186.21  prosecutor must orally present the statement to the court.  The 
186.22  statement may include the following, subject to reasonable 
186.23  limitations as to time and length: 
186.24     (a) a summary of the harm or trauma suffered by the victim 
186.25  as a result of the crime; 
186.26     (b) a summary of the economic loss or damage suffered by 
186.27  the victim as a result of the crime; and 
186.28     (c) the victim's reaction to the proposed sentence or 
186.29  disposition. 
186.30     Sec. 22.  [609B.145] [RIGHT TO NOTICE OF FINAL 
186.31  DISPOSITION.] 
186.32     Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
186.33  provided in subdivision 2, within 15 working days after a 
186.34  conviction, acquittal, or dismissal in a criminal case in which 
186.35  there is an identifiable crime victim, the prosecutor shall make 
186.36  reasonable good faith efforts to provide to each affected crime 
187.1   victim oral or written notice of the final disposition of the 
187.2   case. 
187.3      Subd. 2.  [EXCEPTION.] If a prosecutor contacts an 
187.4   identifiable crime victim in advance of the final case 
187.5   disposition, either orally or in writing, and notifies the 
187.6   victim of the victim's right to request information on the final 
187.7   disposition of the case, the prosecutor shall only be required 
187.8   to provide the notice described in subdivision 1 to those 
187.9   victims who have indicated in advance their desire to be 
187.10  notified of the final case disposition. 
187.11     Sec. 23.  [609B.147] [TESTING OF SEX OFFENDER FOR HUMAN 
187.12  IMMUNODEFICIENCY VIRUS.] 
187.13     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
187.14  the request or with the consent of the victim, the prosecutor 
187.15  shall make a motion in camera and the sentencing court shall 
187.16  issue an order requiring an adult convicted of or a juvenile 
187.17  adjudicated delinquent for violating sections 609C.511 to 
187.18  609C.517 (first to fourth degree criminal sexual conduct), or 
187.19  any other violent crime, as defined in section 609A.07, to 
187.20  submit to testing to determine the presence of human 
187.21  immunodeficiency virus (HIV) antibody if: 
187.22     (1) the crime involved sexual penetration, however slight; 
187.23  or 
187.24     (2) evidence exists that the broken skin or mucous membrane 
187.25  of the victim was exposed to or had contact with the offender's 
187.26  semen or blood during the commission of the crime in a manner 
187.27  that has been demonstrated epidemiologically to transmit the 
187.28  human immunodeficiency virus (HIV). 
187.29     (b) When the court orders an offender to submit to testing 
187.30  under paragraph (a), the court shall order that: 
187.31     (1) the test be performed by an appropriate health 
187.32  professional who is trained to provide the counseling described 
187.33  in section 144.763; and 
187.34     (2) no reference to the test, the motion requesting the 
187.35  test, the test order, or the test results may appear in the 
187.36  criminal record or be maintained in any record of the court or 
188.1   court services. 
188.2      Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
188.3   results of a test performed under subdivision 1 are private data 
188.4   as defined in section 13.02, subdivision 12, when maintained by 
188.5   a person subject to chapter 13, or may be released only with the 
188.6   subject's consent, if maintained by a person not subject to 
188.7   chapter 13.  The results are available, on request, to the 
188.8   victim or, if the victim is a minor, to the victim's parent or 
188.9   guardian and positive test results shall be reported to the 
188.10  commissioner of health.  Any test results given to a victim or 
188.11  victim's parent or guardian shall be provided by a health 
188.12  professional who is trained to provide the counseling described 
188.13  in section 144.763.  Data regarding administration and results 
188.14  of the test are not accessible to any other person for any 
188.15  purpose and shall not be maintained in any record of the court 
188.16  or court services or any other record.  After the test results 
188.17  are given to the victim or the victim's parent or guardian, data 
188.18  on the test must be removed from any medical data or health 
188.19  records maintained under section 13.42 or 144.335 and destroyed. 
188.20     Subd. 3.  [INSURANCE PROTECTIONS.] A victim has the right 
188.21  under section 72A.20, subdivision 29, to be protected from 
188.22  adverse health insurance coverage consequences related to the 
188.23  performance or results of a test under this section. 
188.24     Sec. 24.  [609B.15] [RIGHT TO REQUEST PROBATION REVIEW 
188.25  HEARING.] 
188.26     A victim has the right to ask the offender's probation 
188.27  officer to request a probation review hearing if the offender 
188.28  fails to pay restitution as required in a restitution order. 
188.29     Sec. 25.  [609B.153] [RIGHT TO SUBMIT STATEMENT AT PAROLE, 
188.30  SUPERVISED RELEASE, OR PARDON REVIEW HEARING.] 
188.31     (a) A victim of a crime for which an offender is serving a 
188.32  life imprisonment sentence and the victim's family have the 
188.33  right to be notified of the time and place of the offender's 
188.34  parole or supervised release review hearing and to submit an 
188.35  oral or written statement at the hearing, as provided in 
188.36  sections 243.05, subdivision 1b, and 244.05, subdivision 5. 
189.1      (b) Whenever a person applies to the pardon board for a 
189.2   pardon or a commutation of sentence, the victim of the 
189.3   applicant's crime has the right to be notified of the time and 
189.4   place of the review hearing and to submit an oral or written 
189.5   statement at the hearing, as provided in section 638.04 and 
189.6   638.06. 
189.7      Sec. 26.  [609B.155] [RIGHT TO NOTICE OF RELEASE FROM 
189.8   CONFINEMENT; IMPLEMENTATION OF RIGHT.] 
189.9      Subdivision 1.  [NOTICE OF RELEASE REQUIRED.] (a) If the 
189.10  victim has mailed to the commissioner of corrections or to the 
189.11  head of the facility in which the offender is confined a written 
189.12  request for this notice, the commissioner of corrections or 
189.13  other custodial authority shall make a good faith effort to 
189.14  notify the victim: 
189.15     (1) that the offender is to be released from imprisonment 
189.16  or incarceration, including release on extended furlough and for 
189.17  work release; released from a juvenile correctional facility; 
189.18     (2) that the offender is to be released from a facility in 
189.19  which the offender was confined due to incompetency, mental 
189.20  illness, or mental deficiency, or commitment under section 
189.21  253B.18 or 253B.185; or 
189.22     (3) that the offender's custody status is reduced. 
189.23     (b) The good faith effort to notify the victim must occur 
189.24  prior to the offender's release or when the offender's custody 
189.25  status is reduced. 
189.26     (c) For a victim of a violent crime, as defined in section 
189.27  609A.07, for which the offender was sentenced to imprisonment 
189.28  for more than 18 months, the good-faith effort to notify the 
189.29  victim must occur 60 days before the offender's release. 
189.30     Subd. 2.  [CONTENTS OF NOTICE.] The notice required under 
189.31  subdivision 1 must specify the conditions governing the 
189.32  offender's release, and either the identity of the corrections 
189.33  agent who will be supervising the offender's release or a means 
189.34  to identify the court services agency that will be supervising 
189.35  the offender's release.  The commissioner or other custodial 
189.36  authority complies with this section upon mailing the notice of 
190.1   impending release to the victim at the address the victim has 
190.2   most recently provided to the commissioner or authority in 
190.3   writing. 
190.4      Subd. 3.  [NOTICE OF ESCAPE.] If an offender escapes from 
190.5   imprisonment or incarceration, including from release on 
190.6   extended furlough or work release, or from any facility 
190.7   described in subdivision 1, the commissioner or other custodial 
190.8   authority shall make all reasonable efforts to notify a victim 
190.9   who has requested notice of the offender's release under 
190.10  subdivision 1 within six hours after discovering the escape and 
190.11  shall also make reasonable efforts to notify the victim within 
190.12  24 hours after the offender is apprehended. 
190.13     Subd. 4.  [PRIVATE DATA.] All identifying information 
190.14  regarding the victim, including the victim's request and the 
190.15  notice provided by the commissioner or custodial authority, is 
190.16  classified as private data on individuals as defined in section 
190.17  13.02, subdivision 12, and is accessible only to the victim. 
190.18     Subd. 5.  [IMPLEMENTATION OF RIGHT.] At the time of 
190.19  sentencing or the disposition hearing in a case in which there 
190.20  is an identifiable victim, the court or its designee shall make 
190.21  reasonable good-faith efforts to inform each affected victim of 
190.22  the offender notice of release provisions of this section.  If 
190.23  the victim is a minor, the court or its designee shall, if 
190.24  appropriate, also make reasonable good-faith efforts to inform 
190.25  the victim's parent or guardian of the right to notice of 
190.26  release.  The state court administrator, in consultation with 
190.27  the commissioner of corrections, shall prepare a form that 
190.28  outlines the notice of release provisions under this section and 
190.29  describes how a victim should complete and submit a request to 
190.30  the commissioner of corrections or other custodial authority to 
190.31  be informed of an offender's release.  The state court 
190.32  administrator shall make these forms available to court 
190.33  administrators who shall assist the court in disseminating right 
190.34  to notice of offender release information to victims. 
190.35     Sec. 27.  [609B.157] [PENALTIES NO BAR TO CIVIL REMEDIES.] 
190.36     The provision in any law for a penalty or forfeiture for 
191.1   its violation shall not be construed to deprive an injured 
191.2   person of the right to recover from the offender damages 
191.3   sustained by reason of the violation of law. 
191.4                VICTIM RIGHTS TO FINANCIAL ASSISTANCE 
191.5      Sec. 28.  [609B.21] [RESTITUTION ORDERS GENERALLY.] 
191.6      Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
191.7   crime has the right to receive restitution as part of the 
191.8   disposition of a criminal charge or juvenile delinquency 
191.9   proceeding against the offender if the offender is convicted or 
191.10  found delinquent.  The court, or a person or agency designated 
191.11  by the court, shall request information from the victim to 
191.12  determine the amount of restitution owed.  The court or its 
191.13  designee shall obtain the information from the victim in 
191.14  affidavit form or by other competent evidence.  Information 
191.15  submitted relating to restitution must describe the items or 
191.16  elements of loss, itemize the total dollar amounts of 
191.17  restitution claimed, and specify the reasons justifying these 
191.18  amounts, if restitution is in the form of money or property.  A 
191.19  request for restitution may include, but is not limited to, any 
191.20  out-of-pocket losses resulting from the crime, including medical 
191.21  and therapy costs, replacement of wages and services, expenses 
191.22  incurred to return a child who was a victim of a crime under 
191.23  section 609D.21 to the child's parents or lawful custodian, and 
191.24  funeral expenses.  An actual or prospective civil action 
191.25  involving the alleged crime shall not be used by the court as a 
191.26  basis to deny a victim's right to obtain court-ordered 
191.27  restitution under this section.  In order to be considered at 
191.28  the sentencing or dispositional hearing, all information 
191.29  regarding restitution must be received by the court 
191.30  administrator of the appropriate court at least three business 
191.31  days before the sentencing or dispositional hearing.  The court 
191.32  administrator shall provide copies of this request to the 
191.33  prosecutor and the offender or the offender's attorney at least 
191.34  24 hours before the sentencing or dispositional hearing.  The 
191.35  issue of restitution is reserved or the sentencing or 
191.36  dispositional hearing or hearing on the restitution request may 
192.1   be continued if the victim's affidavit or other competent 
192.2   evidence submitted by the victim is not received in time.  At 
192.3   the sentencing or dispositional hearing, the court shall give 
192.4   the offender an opportunity to respond to specific items of 
192.5   restitution and their dollar amounts in accordance with the 
192.6   procedures established in section 609B.215. 
192.7      (b) The court may amend or issue an order of restitution 
192.8   after the sentencing or dispositional hearing if: 
192.9      (1) the offender is on probation, committed to the 
192.10  commissioner of corrections, or on supervised release; 
192.11     (2) sufficient evidence of a right to restitution has been 
192.12  submitted; and 
192.13     (3) the true extent of the victim's loss or the loss of the 
192.14  crime victims reparations board was not known at the time of the 
192.15  sentencing or dispositional hearing, or hearing on the 
192.16  restitution request. 
192.17     (c) If the court holds a hearing on the restitution 
192.18  request, the court must notify the offender, the offender's 
192.19  attorney, the victim, the prosecutor, and the crime victims 
192.20  reparations board at least five business days before the 
192.21  hearing.  The court's restitution decision is governed by this 
192.22  section and section 609B.215. 
192.23     (d) The court shall grant or deny restitution or partial 
192.24  restitution and shall state on the record its reasons for its 
192.25  decision on restitution if information relating to restitution 
192.26  has been presented.  If the court grants partial restitution it 
192.27  shall also specify the full amount of restitution that may be 
192.28  docketed as a civil judgment under subdivision 5.  The court may 
192.29  not require that the victim waive or otherwise forfeit any 
192.30  rights or causes of action as a condition of granting 
192.31  restitution or partial restitution.  In the case of a defendant 
192.32  who is on probation, the court may not refuse to enforce an 
192.33  order for restitution solely on the grounds that the order has 
192.34  been docketed as a civil judgment. 
192.35     Subd. 2.  [CRIME BOARD REQUEST.] The crime victims 
192.36  reparations board may request restitution on behalf of a victim 
193.1   by filing a copy of orders of the board, if any, that detail any 
193.2   amounts paid by the board to the victim.  The board may file the 
193.3   payment order with the court administrator or with the person or 
193.4   agency the court has designated to obtain information relating 
193.5   to restitution.  The board shall submit the payment order not 
193.6   less than three business days after it is issued by the board.  
193.7   The court administrator shall provide copies of the payment 
193.8   order to the prosecutor and the offender or the offender's 
193.9   attorney within 48 hours of receiving it from the board or at 
193.10  least 24 hours before the sentencing or dispositional hearing, 
193.11  whichever is earlier.  By operation of law, the issue of 
193.12  restitution is reserved if the payment order is not received at 
193.13  least three days before the sentencing or dispositional hearing. 
193.14  The filing of a payment order for reparations with the court 
193.15  administrator also serves as a request for restitution by the 
193.16  victim.  The restitution requested by the board may be 
193.17  considered to be both on its own behalf and on the victim s 
193.18  behalf.  If the board has not paid reparations to the victim or 
193.19  on the victim's behalf, restitution may be made directly to the 
193.20  victim.  If the board has paid reparations to the victim or on 
193.21  the victim's behalf, the court shall order restitution payments 
193.22  to be made directly to the board. 
193.23     Subd. 3.  [AFFIDAVIT OF DISCLOSURE.] An offender who has 
193.24  been ordered by the court to make restitution in an amount of 
193.25  $500 or more shall file an affidavit of financial disclosure 
193.26  with the correctional agency responsible for investigating the 
193.27  financial resources of the offender on request of the agency.  
193.28  The commissioner of corrections shall prescribe what financial 
193.29  information the affidavit must contain. 
193.30     Subd. 4.  [PROCEDURES.] The offender shall make restitution 
193.31  payments to the court administrator of the county in which the 
193.32  restitution is to be paid.  The court administrator shall 
193.33  disburse restitution in incremental payments and may not keep a 
193.34  restitution payment for longer than 30 days.  However, the court 
193.35  administrator need not disburse a restitution payment that is 
193.36  under $10 unless the payment would fulfill the offender's 
194.1   restitution obligation.  The court administrator shall keep 
194.2   records of the amount of restitution ordered in each case, any 
194.3   change made to the restitution order, and the amount of 
194.4   restitution actually paid by the offender.  The court 
194.5   administrator shall forward the data collected to the state 
194.6   court administrator who shall compile the data and make it 
194.7   available to the supreme court and the legislature upon request. 
194.8      Subd. 5.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
194.9   restitution may be enforced by any person named in the order to 
194.10  receive the restitution, or by the crime victims reparations 
194.11  board in the same manner as a judgment in a civil action.  Any 
194.12  order for restitution in favor of a victim shall also operate as 
194.13  an order for restitution in favor of the crime victims 
194.14  reparations board, if the board has paid reparations to the 
194.15  victim or on the victim's behalf.  Filing fees for docketing an 
194.16  order of restitution as a civil judgment are waived for any 
194.17  victim named in the restitution order.  An order of restitution 
194.18  shall be docketed as a civil judgment, in the name of any person 
194.19  named in the order and in the name of the crime victims 
194.20  reparations board, by the court administrator in the county in 
194.21  which the order of restitution was entered.  The court 
194.22  administrator also shall notify the commissioner of revenue of 
194.23  the restitution debt in the manner provided in chapter 270A, the 
194.24  revenue recapture act.  A juvenile court need not appoint a 
194.25  guardian ad litem for a juvenile offender before docketing a 
194.26  restitution order.  Interest accrues on the unpaid balance of 
194.27  the judgment as provided in section 549.09.  Whether the order 
194.28  of restitution has been docketed or not, it is a debt that is 
194.29  not dischargeable in bankruptcy.  A decision for or against 
194.30  restitution in any criminal or juvenile proceeding does not bar 
194.31  any civil action by the victim or by the state pursuant to 
194.32  section 609B.255 against the offender.  The offender shall be 
194.33  given credit, in any order for judgment in favor of a victim in 
194.34  a civil action, for any restitution paid to the victim for the 
194.35  same injuries for which the judgment is awarded. 
194.36     Sec. 29.  [609B.215] [PROCEDURE FOR ISSUING RESTITUTION 
195.1   ORDER.] 
195.2      Subdivision 1.  [CRITERIA.] The court, in determining 
195.3   whether to order restitution and the amount of the restitution, 
195.4   shall consider the following factors: 
195.5      (a) the amount of economic loss sustained by the victim as 
195.6   a result of the offense; and 
195.7      (b) the income, resources, and obligations of the defendant.
195.8      Subd. 2.  [PRESENTENCE INVESTIGATION.] The presentence 
195.9   investigation report made pursuant to section 609A.61 must 
195.10  contain information pertaining to the factors set forth in 
195.11  subdivision 1. 
195.12     Subd. 3.  [PAYMENT STRUCTURE.] The court shall include in 
195.13  every restitution order a provision requiring a payment schedule 
195.14  or structure.  The court may assign the responsibility for 
195.15  developing the schedule or structure to the court administrator, 
195.16  a probation officer, or another designated person.  The person 
195.17  who develops the payment schedule or structure shall consider 
195.18  relevant information supplied by the defendant.  If the 
195.19  defendant is placed on supervised probation, the payment 
195.20  schedule or structure must be incorporated into the probation 
195.21  agreement and must provide that the obligation to pay 
195.22  restitution continues throughout the term of probation.  If the 
195.23  defendant is not placed on probation, the structure or schedule 
195.24  must provide that the obligation to pay restitution begins no 
195.25  later than 60 days after the restitution order is issued. 
195.26     Subd. 4.  [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] At the 
195.27  sentencing, dispositional hearing, or hearing on the restitution 
195.28  request, the offender has the burden to produce evidence if the 
195.29  offender intends to challenge the amount of restitution or 
195.30  specific items of restitution or their dollar amounts.  This 
195.31  burden of production requires a detailed sworn affidavit of the 
195.32  offender setting forth all challenges to the restitution or 
195.33  items of restitution, and specifying all reasons justifying 
195.34  dollar amounts of restitution that differ from the amounts 
195.35  requested by the victim or victims.  The affidavit must be 
195.36  served on the prosecuting attorney and the court at least five 
196.1   business days before the hearing.  A dispute as to the proper 
196.2   amount or type of restitution must be resolved by the court by 
196.3   the preponderance of the evidence.  The burden of demonstrating 
196.4   the amount of loss sustained by a victim as a result of the 
196.5   offense and the appropriateness of a particular type of 
196.6   restitution is on the prosecution. 
196.7      Sec. 30.  [609B.22] [CRIME VICTIMS REPARATIONS ACT; 
196.8   DEFINITIONS.] 
196.9      Subdivision 1.  [TITLE.] Sections 609B.22 to 609B.295 shall 
196.10  be known as the Minnesota Crime Victims Reparations Act. 
196.11     Subd. 2.  [SPECIAL DEFINITIONS FOR CRIME VICTIMS 
196.12  REPARATIONS ACT.] (a) For the purposes of sections 609B.22 to 
196.13  609B.295, the following terms have the meanings given them. 
196.14     (b) "Board" means the crime victims reparations board 
196.15  established by section 609B.235. 
196.16     (c) "Claimant" means a person entitled to apply for 
196.17  reparations pursuant to sections 609B.22 to 609B.295. 
196.18     (d) "Collateral source" means a source, other than a life 
196.19  insurance contract, of benefits or advantages for economic loss 
196.20  otherwise reparable under sections 609B.22 to 609B.295 that the 
196.21  victim or claimant has received, or that is readily available to 
196.22  the victim, from: 
196.23     (1) the offender; 
196.24     (2) the government of the United States or any agency 
196.25  thereof, a state or any of its political subdivisions, or an 
196.26  instrumentality of two or more states, unless the law providing 
196.27  for the benefits or advantages makes them excess or secondary to 
196.28  benefits under sections 609B.22 to 609B.295; 
196.29     (3) social security, Medicare, and Medicaid; 
196.30     (4) state-required temporary nonoccupational disability 
196.31  insurance; 
196.32     (5) workers' compensation; 
196.33     (6) wage continuation programs of any employer; 
196.34     (7) proceeds of a contract of insurance payable to the 
196.35  victim for economic loss sustained because of the crime; 
196.36     (8) a contract providing prepaid hospital and other health 
197.1   care services, or benefits for disability; 
197.2      (9) any private source as a voluntary donation or gift; or 
197.3      (10) proceeds of a lawsuit brought as a result of the crime.
197.4      (e) (1) "Crime" means conduct that: 
197.5      (i) occurs or is attempted anywhere within the geographical 
197.6   boundaries of this state, including Indian reservations and 
197.7   other trust lands; 
197.8      (ii) poses a substantial threat of personal injury or 
197.9   death; and 
197.10     (iii) is included within the definition of "crime" in 
197.11  section 609A.07 or would be included within that definition but 
197.12  for the fact that: 
197.13     (A) the person engaging in the conduct lacked capacity to 
197.14  commit the crime under the laws of this state; or 
197.15     (B) the act was alleged or found to have been committed by 
197.16  a juvenile. 
197.17     (2) A crime occurs whether or not any person is prosecuted 
197.18  or convicted.  However, the conviction of a person whose acts 
197.19  give rise to the claim is conclusive evidence that a crime was 
197.20  committed unless an application for rehearing, appeal, or 
197.21  petition for certiorari is pending or a new trial or rehearing 
197.22  has been ordered. 
197.23     (3) "Crime" does not include an act involving the operation 
197.24  of a motor vehicle, aircraft, or watercraft that results in 
197.25  injury or death, except that a crime includes any of the 
197.26  following: 
197.27     (i) injury or death intentionally inflicted through the use 
197.28  of a motor vehicle, aircraft, or watercraft; 
197.29     (ii) injury or death caused by a driver in violation of 
197.30  section 169B.11 (driver under influence), 169B.41 (refusal to 
197.31  test), 169C.11 (grossly negligent driving), or 169C.51, 
197.32  subdivision 1 (leaving scene); and 
197.33     (iii) injury or death caused by a driver of a motor vehicle 
197.34  in the immediate act of fleeing the scene of a crime in which 
197.35  the driver knowingly and willingly participated. 
197.36     (f) "Dependent" means any person who was dependent upon a 
198.1   deceased victim for support at the time of the crime. 
198.2      (g) "Economic loss" means actual economic detriment 
198.3   incurred as a direct result of injury or death. 
198.4      (1) In the case of injury, economic loss is limited to: 
198.5      (i) reasonable expenses incurred for necessary medical, 
198.6   chiropractic, hospital, rehabilitative, and dental products, 
198.7   services, or accommodations, including ambulance services, 
198.8   drugs, appliances, and prosthetic devices; 
198.9      (ii) reasonable expenses associated with recreational 
198.10  therapy where a claimant has suffered amputation of a limb; 
198.11     (iii) reasonable expenses incurred for psychological or 
198.12  psychiatric products, services, or accommodations, not to exceed 
198.13  an amount to be set by the board, where the nature of the injury 
198.14  or the circumstances of the crime are such that the treatment is 
198.15  necessary to the rehabilitation of the victim; 
198.16     (iv) loss of income that the victim would have earned had 
198.17  the victim not been injured; 
198.18     (v) reasonable expenses incurred for substitute child care 
198.19  or household services to replace those the victim would have 
198.20  performed had the victim not been injured.  As used in this 
198.21  item, "child care services" means services provided by 
198.22  facilities licensed under and in compliance with either 
198.23  Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
198.24  9545.0670, or exempted from licensing requirements pursuant to 
198.25  section 245A.03.  Licensed facilities must be paid at a rate not 
198.26  to exceed their standard rate of payment.  Facilities exempted 
198.27  from licensing requirements must be paid at a rate not to exceed 
198.28  $3 an hour per child for daytime child care or $4 an hour per 
198.29  child for evening child care; and 
198.30     (vi) reasonable expenses actually incurred to return a 
198.31  child who was a victim of a crime under section 609D.11 
198.32  (kidnapping) or 609D.21 (depriving another of custodial or 
198.33  parental rights) to the child's parents or lawful custodian.  
198.34  These expenses are limited to transportation costs, meals, and 
198.35  lodging from the time the child was located until the child was 
198.36  returned home. 
199.1      (2) In the case of death, economic loss is limited to: 
199.2      (i) reasonable expenses actually incurred for funeral, 
199.3   burial, or cremation, not to exceed an amount to be determined 
199.4   by the board on the first day of each fiscal year; 
199.5      (ii) reasonable expenses for medical, chiropractic, 
199.6   hospital, rehabilitative, psychological and psychiatric 
199.7   services, products or accommodations that were incurred before 
199.8   the victim's death and for which the victim's survivors or 
199.9   estate are liable; 
199.10     (iii) loss of support, including contributions of money, 
199.11  products, or goods, but excluding services that the victim would 
199.12  have supplied to dependents if the victim had lived; and 
199.13     (iv) reasonable expenses incurred for substitute child care 
199.14  and household services to replace those which the victim would 
199.15  have performed for the benefit of dependents if the victim had 
199.16  lived. 
199.17     (3) Claims for loss of support for minor children made 
199.18  under clause (2), item (iii), must be paid for three years or 
199.19  until the child reaches 18 years old, whichever is the shorter 
199.20  period.  After three years, if the child is younger than 18 
199.21  years old a claim for loss of support may be resubmitted to the 
199.22  board, and the board staff shall evaluate the claim giving 
199.23  consideration to the child's financial need and to the 
199.24  availability of funds to the board.  Claims for loss of support 
199.25  for a spouse made under clause (2), item (iii), shall also be 
199.26  reviewed at least once every three years.  The board staff shall 
199.27  evaluate the claim giving consideration to the spouse's 
199.28  financial need and to the availability of funds to the board.  
199.29     (4) Claims for substitute child care services made under 
199.30  clause (2), item (iv), must be limited to the actual care that 
199.31  the deceased victim would have provided to enable surviving 
199.32  family members to pursue economic, educational, and other 
199.33  activities other than recreational activities. 
199.34     (h) "Injury" means actual bodily harm including pregnancy 
199.35  and emotional trauma. 
199.36     (i) "Victim" means a person who suffers personal injury or 
200.1   death as a direct result of: 
200.2      (1) a crime; 
200.3      (2) the good faith effort of any person to prevent a crime; 
200.4   or 
200.5      (3) the good faith effort of any person to apprehend a 
200.6   person suspected of engaging in a crime. 
200.7      Sec. 31.  [609B.225] [ELIGIBILITY FOR REPARATIONS.] 
200.8      Subdivision 1.  [GENERALLY.] Except as provided in 
200.9   subdivisions 2 and 4, the following persons shall be entitled to 
200.10  reparations upon a showing by a preponderance of the evidence 
200.11  that the requirements for reparations have been met: 
200.12     (a) a victim who has incurred economic loss; 
200.13     (b) a dependent who has incurred economic loss; 
200.14     (c) the estate of a deceased victim if the estate has 
200.15  incurred economic loss; 
200.16     (d) any other person who has incurred economic loss by 
200.17  purchasing any of the products, services, and accommodations 
200.18  described in section 609B.22, subdivision 2, paragraph (g), for 
200.19  a victim; and 
200.20     (e) the guardian, guardian ad litem, conservator or 
200.21  authorized agent of any of these persons. 
200.22     Subd. 2.  [PROVIDERS; LIMITATIONS.] No hospital, medical 
200.23  organization, health care provider, or other entity that is not 
200.24  an individual may qualify for reparations under subdivision 1, 
200.25  paragraph (d).  If a hospital, medical organization, health care 
200.26  provider, or other entity that is not an individual qualifies 
200.27  for reparations under subdivision 1, paragraph (e), because it 
200.28  is a guardian, guardian ad litem, conservator, or authorized 
200.29  agent, any reparations to which it is entitled must be made 
200.30  payable solely or jointly to the victim, if alive, or to the 
200.31  victim's estate or successors, if the victim is deceased. 
200.32     Subd. 3.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] A 
200.33  Minnesota resident who is the victim of a crime committed 
200.34  outside the geographical boundaries of this state but who 
200.35  otherwise meets the requirements of this section has the same 
200.36  rights under this chapter as if the crime had occurred within 
201.1   this state upon a showing that the state, territory, or United 
201.2   States possession in which the crime occurred does not have a 
201.3   crime victim reparations law covering the resident's injury or 
201.4   death. 
201.5      Subd. 4.  [WHEN REPARATIONS NOT AWARDED.] (a) No 
201.6   reparations shall be awarded to a claimant otherwise eligible if:
201.7      (1) the crime was not reported to the police within 30 days 
201.8   after its occurrence or, if it could not reasonably have been 
201.9   reported within that period, within 30 days after the time when 
201.10  a report could reasonably have been made.  A victim of criminal 
201.11  sexual conduct in the first, second, third, or fourth degree who 
201.12  does not report the crime within 30 days after its occurrence is 
201.13  deemed to have been unable to have reported it within that 
201.14  period; 
201.15     (2) the victim or claimant failed or refused to cooperate 
201.16  fully with the police and other law enforcement officials; 
201.17     (3) the victim or claimant was the offender or an 
201.18  accomplice of the offender or an award to the claimant would 
201.19  unjustly benefit the offender or an accomplice; 
201.20     (4) the victim or claimant was in the act of committing a 
201.21  crime at the time the injury occurred; 
201.22     (5) no claim was filed with the board within two years 
201.23  after the victim's injury or death; except that if the claimant 
201.24  was unable to file a claim within that period, then the claim 
201.25  can be made within two years after the time when a claim could 
201.26  have been filed; and if the victim's injury or death was not 
201.27  reasonably discoverable within two years after the injury or 
201.28  death, then the claim can be made within two years after the 
201.29  time when the injury or death is reasonably discoverable.  The 
201.30  following circumstances do not render a claimant unable to file 
201.31  a claim for the purposes of this clause: 
201.32     (i) lack of knowledge of the existence of the Minnesota 
201.33  crime victims reparations act; 
201.34     (ii) the failure of a law enforcement agency to provide 
201.35  information or assistance to a potential claimant under section 
201.36  609B.285; 
202.1      (iii) the incompetency of the claimant if the claimant's 
202.2   affairs were being managed during that period by a guardian, 
202.3   guardian ad litem, conservator, authorized agent, or parent; or 
202.4      (iv) the fact that the claimant is not of the age of 
202.5   majority; or 
202.6      (6) the claim is less than $50. 
202.7      (b) The limitations contained in paragraph (a), clauses (1) 
202.8   and (5), do not apply to victims of domestic child abuse as 
202.9   defined in section 260.015, subdivision 24.  In those cases the 
202.10  two-year limitation period commences running with the report of 
202.11  the crime to the police. 
202.12     Sec. 32.  [609B.23] [AMOUNT OF REPARATIONS.] 
202.13     Subdivision 1.  [GENERALLY.] Reparations shall equal 
202.14  economic loss except that: 
202.15     (a) reparations shall be reduced to the extent that 
202.16  economic loss is recouped from a collateral source or collateral 
202.17  sources.  Where compensation is readily available to a claimant 
202.18  from a collateral source, the claimant must take reasonable 
202.19  steps to recoup from the collateral source before claiming 
202.20  reparations; 
202.21     (b) reparations shall be denied or reduced to the extent, 
202.22  if any, that the board deems reasonable because of the 
202.23  contributory misconduct of the claimant or of a victim through 
202.24  whom the claimant claims; and 
202.25     (c) reparations paid to all claimants suffering economic 
202.26  loss as the result of the injury or death of any one victim 
202.27  shall not exceed $50,000. 
202.28     Subd. 2.  [EMPLOYER NOT TO DENY BENEFITS.] No employer may 
202.29  deny an employee an award of benefits based on the employee's 
202.30  eligibility or potential eligibility for reparations. 
202.31     Sec. 33.  [609B.235] [CRIME VICTIMS REPARATIONS BOARD; 
202.32  POWERS AND DUTIES.] 
202.33     Subdivision 1.  [CREATION.] There is created in the 
202.34  department of public safety, for budgetary and administrative 
202.35  purposes, the crime victims reparations board, which shall 
202.36  consist of five members appointed by the commissioner of public 
203.1   safety and selected from among the membership of the crime 
203.2   victim and witness advisory council created in section 609B.02.  
203.3   One of the members shall be designated as chair by the 
203.4   commissioner of public safety and serve as such at the 
203.5   commissioner's pleasure.  At least one member shall be a medical 
203.6   or osteopathic physician licensed to practice in this state, and 
203.7   at least one member shall be a victim, as defined in section 
203.8   609B.01. 
203.9      Subd. 2.  [MEMBERSHIP.] The membership terms, compensation, 
203.10  removal of members, and filling of vacancies on the board shall 
203.11  be as provided in section 15.0575.  Members of the board who are 
203.12  also members of the crime victim and witness advisory council 
203.13  created in section 609B.02 shall not be compensated while 
203.14  performing duties for the advisory council.  Members of the 
203.15  board shall serve part time. 
203.16     Subd. 3.  [DUTIES.] In addition to carrying out any duties 
203.17  specified elsewhere in sections 609B.22 to 609B.295 or in other 
203.18  law, the board shall: 
203.19     (a) provide all claimants with an opportunity for hearing 
203.20  pursuant to chapter 14; 
203.21     (b) adopt rules to implement and administer sections 
203.22  609B.22 to 609B.295, including rules governing the method of 
203.23  practice and procedure before the board, prescribing the manner 
203.24  in which applications for reparations shall be made, and 
203.25  providing for discovery proceedings; 
203.26     (c) publicize widely the availability of reparations and 
203.27  the method of making claims; and 
203.28     (d) prepare and transmit annually to the governor, the 
203.29  commissioner of public safety, and the legislature a report of 
203.30  its activities including the number of claims awarded, a brief 
203.31  description of the facts in each case, the amount of reparation 
203.32  awarded, and a statistical summary of claims and awards made and 
203.33  denied. 
203.34     Subd. 4.  [POWERS.] In addition to exercising any powers 
203.35  specified elsewhere in sections 609B.22 to 609B.295 or other 
203.36  law, the board upon its own motion or the motion of a claimant 
204.1   or the attorney general may: 
204.2      (a) issue subpoenas for the appearance of witnesses and the 
204.3   production of books, records, and other documents; 
204.4      (b) administer oaths and affirmations and cause to be taken 
204.5   affidavits and depositions within and outside of this state; 
204.6      (c) take notice of judicially cognizable facts and general, 
204.7   technical, and scientific facts within the board members 
204.8   specialized knowledge; 
204.9      (d) order a mental or physical examination of a victim or 
204.10  an autopsy of a deceased victim provided that notice is given to 
204.11  any person to be examined and that the claimant and the attorney 
204.12  general receive copies of any resulting report; 
204.13     (e) suspend or postpone the proceedings on a claim if a 
204.14  criminal prosecution arising out of the incident that is the 
204.15  basis of the claim has been commenced or is imminent; 
204.16     (f) request from prosecuting attorneys and law enforcement 
204.17  officers investigations and data to enable the board to perform 
204.18  its duties under sections 609B.22 to 609B.295; 
204.19     (g) grant emergency reparations pending the final 
204.20  determination of a claim if it is a claim with respect to which 
204.21  an award will probably be made and undue hardship will result to 
204.22  the claimant if immediate payment is not made; and 
204.23     (h) reconsider any decision granting or denying reparations 
204.24  or determining their amount. 
204.25     Sec. 34.  [609B.24] [DETERMINATION OF REPARATIONS.] 
204.26     Subdivision 1.  [INVESTIGATION.] The board staff shall 
204.27  examine the papers filed in support of the claim and cause an 
204.28  investigation to be conducted into the validity of a claim to 
204.29  the extent that an investigation is necessary. 
204.30     Subd. 2.  [CLAIM DECISION.] The board executive director 
204.31  may decide the claim in favor of a claimant in the amount 
204.32  claimed on the basis of the papers filed in support of it and 
204.33  the report of the investigation of such claim.  If unable to 
204.34  decide the claim upon the basis of the papers and any report of 
204.35  investigation, the board executive director shall discuss the 
204.36  matter with other members of the board present at a board 
205.1   meeting.  After discussion the board shall vote on whether to 
205.2   grant or deny the claim or whether further investigation is 
205.3   necessary.  The executive director then shall issue a decision 
205.4   granting or denying the claim. 
205.5      Subd. 3.  [WRITTEN DECISION.] The written decision granting 
205.6   or denying a claim shall be filed with the board, and a copy 
205.7   shall be provided to the claimant. 
205.8      Subd. 4.  [RECONSIDERATION.] The claimant may, within 30 
205.9   days after receiving the decision of the board, apply for 
205.10  reconsideration before the entire board.  Upon request for 
205.11  reconsideration, the board shall reexamine all information filed 
205.12  by the claimant, including any new information the claimant 
205.13  provides, and all information obtained by investigation.  The 
205.14  board may also conduct additional examination into the validity 
205.15  of the claim.  Upon reconsideration, the board may affirm, 
205.16  modify, or reverse the prior ruling.  A claimant denied 
205.17  reparations upon reconsideration is entitled to a contested case 
205.18  hearing within the meaning of chapter 14. 
205.19     Subd. 5.  [DATA.] Claims for reparations and supporting 
205.20  documents and reports are investigative data and subject to the 
205.21  provisions of section 13.39 until the claim is paid, denied, 
205.22  withdrawn, or abandoned.  Following the payment, denial, 
205.23  withdrawal, or abandonment of a claim, the claim and supporting 
205.24  documents and reports are private data on individuals as defined 
205.25  in section 13.02, subdivision 12.  However, the board may 
205.26  forward any reparations claim forms, supporting documents, and 
205.27  reports to local law enforcement authorities for purposes of 
205.28  implementing section 609B.29. 
205.29     Sec. 35.  [609B.245] [ATTORNEY REPRESENTATION AND FEES.] 
205.30     The board may limit the fee charged by any attorney for 
205.31  representing a claimant before the board. 
205.32     Sec. 36.  [609B.25] [PAYMENT OF REPARATIONS.] 
205.33     Reparations may be awarded in a lump sum or in installments 
205.34  in the board s discretion.  The amount of any emergency award 
205.35  shall be deducted from the final award, if a lump sum, or 
205.36  prorated over a period of time if the final award is made in 
206.1   installments.  Reparations are exempt from execution or 
206.2   attachment except by persons who have supplied services, 
206.3   products, or accommodations to the victim as a result of the 
206.4   injury or death that is the basis of the claim.  The board, in 
206.5   its discretion, may order that all or part of the reparations 
206.6   awarded be paid directly to these suppliers. 
206.7      Sec. 37.  [609B.255] [SUBROGATION.] 
206.8      Subdivision 1.  [SUBROGATION RIGHTS OF STATE.] The state 
206.9   shall be subrogated, to the extent of reparations awarded, to 
206.10  all the claimant's rights to recover benefits or advantages for 
206.11  economic loss from a source that is, or if readily available to 
206.12  the victim or claimant would be, a collateral source.  Nothing 
206.13  in this section limits the claimant's right to bring a cause of 
206.14  action to recover other damages. 
206.15     Subd. 2.  [DUTY OF CLAIMANT TO ASSIST.] A claimant who 
206.16  receives reparations must agree to assist the state in pursuing 
206.17  any subrogation rights arising out of the claim.  The board may 
206.18  require a claimant to agree to represent the state's subrogation 
206.19  interests if the claimant brings a cause of action for damages 
206.20  arising out of the crime or occurrence for which the board has 
206.21  awarded reparations.  An attorney who represents the state's 
206.22  subrogation interests pursuant to the client's agreement with 
206.23  the board is entitled to reasonable attorney's fees not to 
206.24  exceed one-third of the amount recovered on behalf of the state. 
206.25     Sec. 38.  [609B.26] [CRIME VICTIMS ACCOUNT.] 
206.26     A crime victim account is established as a special account 
206.27  in the state treasury.  Amounts collected by the state under 
206.28  section 609B.255 or paid to the crime victims reparations board 
206.29  under section 609B.21, shall be credited to this account.  Money 
206.30  credited to this account is annually appropriated to the 
206.31  department of public safety for use for crime victim reparations 
206.32  under sections 609B.22 to 609B.295. 
206.33     Sec. 39.  [609B.265] [MEDICAL PRIVILEGE.] 
206.34     There is no privilege as to communication or records 
206.35  relevant to an issue of the physical, mental, or emotional 
206.36  condition of the claimant or victim in a proceeding under 
207.1   sections 609B.22 to 609B.255 in which that condition is an issue.
207.2   Nothing contained in this section shall be interpreted to 
207.3   abridge the attorney-client privilege. 
207.4      Sec. 40.  [609B.27] [ENFORCEMENT OF BOARD'S ORDERS.] 
207.5      If a person refuses to comply with an order of the board or 
207.6   asserts a privilege to withhold or suppress evidence relevant to 
207.7   a claim, the board may make any just order including denial of 
207.8   the claim, but may not find the person in contempt.  If 
207.9   necessary to carry out any of its powers and duties, the board 
207.10  may petition the district court for an appropriate order, but 
207.11  the court may not find a person in contempt for refusing to 
207.12  submit to a mental or physical examination. 
207.13     Sec. 41.  [609B.275] [DEPARTMENT OF CORRECTIONS; 
207.14  RESTITUTION.] 
207.15     The department of corrections may, as a means of assisting 
207.16  in the rehabilitation of persons committed to its care, 
207.17  establish programs and procedures whereby the persons may 
207.18  contribute toward restitution of those persons injured as a 
207.19  consequence of their criminal acts. 
207.20     Sec. 42.  [609B.28] [USE OF RECORD OF CLAIM; EVIDENCE.] 
207.21     Neither a record of the proceedings on a claim, a decision 
207.22  of the board, nor the fact that an award has been made or denied 
207.23  is admissible as evidence in any criminal or civil action 
207.24  against the alleged offender, except an action by the state on 
207.25  its subrogation claim. 
207.26     Sec. 43.  [609B.285] [DUTY OF LAW ENFORCEMENT AGENCIES.] 
207.27     All law enforcement agencies investigating crimes shall 
207.28  provide victims with notice of their right to apply for 
207.29  reparations with the telephone number to call to request an 
207.30  application form.  A law enforcement agency shall assist the 
207.31  board in performing its duties under sections 609B.22 to 
207.32  609B.295.  Law enforcement agencies within ten days after 
207.33  receiving a request from the board shall supply the board with 
207.34  requested reports, notwithstanding any provisions to the 
207.35  contrary in chapter 13, and including reports otherwise 
207.36  maintained as confidential or not open to inspection under 
208.1   section 260.161.  All data released to the board retains the 
208.2   data classification that it had in the possession of the law 
208.3   enforcement agency. 
208.4      Sec. 44.  [609B.29] [FRAUDULENT REPARATIONS CLAIM.] 
208.5      Any person who knowingly makes a false claim under sections 
208.6   609B.22 to 609B.295, or 609B.297, is guilty of fraudulent 
208.7   reparations claim, and may be punished as provided in section 
208.8   609B.293. 
208.9      Sec. 45.  [609B.293] [FIRST DEGREE MISDEMEANOR FRAUDULENT 
208.10  REPARATIONS CLAIM.] 
208.11     Whoever violates section 609B.29 is guilty of a first 
208.12  degree misdemeanor. 
208.13     Sec. 46.  [609B.295] [FUND FOR EMERGENCY NEEDS OF CRIME 
208.14  VICTIMS.] 
208.15     Subdivision 1.  [GRANTS AUTHORIZED.] (a) The crime victims 
208.16  reparations board shall make grants to local law enforcement 
208.17  agencies for the purpose of providing emergency assistance to 
208.18  victims. 
208.19     (b) As used in this section, "emergency assistance" 
208.20  includes but is not limited to: 
208.21     (1) replacement of necessary property that was lost, 
208.22  damaged, or stolen as a result of the crime; 
208.23     (2) purchase and installation of necessary home security 
208.24  devices; and 
208.25     (3) transportation to locations related to the victim's 
208.26  needs as a victim, such as medical facilities and facilities of 
208.27  the criminal justice system. 
208.28     Subd. 2.  [APPLICATION FOR GRANTS.] A county sheriff or the 
208.29  chief administrative officer of a police department may apply to 
208.30  the board for a grant for any of the purposes described in 
208.31  subdivision 1 or for any other emergency assistance purpose 
208.32  approved by the board.  The application must be on forms and 
208.33  pursuant to procedures developed by the board.  The application 
208.34  must describe the type or types of intended emergency 
208.35  assistance, estimate the amount of money required, and include 
208.36  any other information deemed necessary by the board. 
209.1      Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A county 
209.2   sheriff or chief administrative officer of a police department 
209.3   who receives a grant under this section shall report all 
209.4   expenditures to the board on a quarterly basis.  The sheriff or 
209.5   chief administrative officer shall also file an annual report 
209.6   with the board itemizing the expenditures made during the 
209.7   preceding year, the purpose of those expenditures, and the 
209.8   ultimate disposition, if any, of each assisted victim's criminal 
209.9   case. 
209.10     Sec. 47.  [609B.296] [VICTIM AND WITNESS PROTECTION FUND.] 
209.11     Subdivision 1.  [WITNESS AND VICTIM PROTECTION FUND.] (a) A 
209.12  witness and victim protection fund is created under the 
209.13  administration of the commissioner of public safety.  The 
209.14  commissioner may make grants to local officials to provide for 
209.15  the relocation or other protection of a victim, witness, or 
209.16  potential witness who is involved in a criminal prosecution and 
209.17  who the commissioner has reason to believe is or is likely to be 
209.18  the target of a violent crime or a violation of section 609D.61 
209.19  (terroristic conduct) or 609K.73 (witness tampering), in 
209.20  connection with that prosecution. 
209.21     (b) The commissioner may award grants for any of the 
209.22  following actions in connection with the protection of a witness 
209.23  or victim under this section: 
209.24     (1) to provide suitable documents to enable the person to 
209.25  establish a new identity or otherwise protect the person; 
209.26     (2) to provide housing for the person; 
209.27     (3) to provide for the transportation of household 
209.28  furniture and other personal property to the person's new 
209.29  residence; 
209.30     (4) to provide the person with a payment to meet basic 
209.31  living expenses for a time period the commissioner deems 
209.32  necessary; 
209.33     (5) to assist the person in obtaining employment; and 
209.34     (6) to provide other services necessary to assist the 
209.35  person in becoming self-sustaining. 
209.36     Subd. 2.  [APPLICATION FOR GRANT.] A county sheriff or the 
210.1   chief administrative officer of a police department may apply to 
210.2   the commissioner of public safety for a grant for any of the 
210.3   purposes described in subdivision 1, on forms and pursuant to 
210.4   procedures developed by the superintendent. 
210.5      Subd. 3.  [ACCOUNTING REPORT.] The head of a law 
210.6   enforcement agency that receives a grant under subdivision 1 
210.7   shall file a report with the commissioner at the conclusion of 
210.8   the case detailing the specific purposes for which the money was 
210.9   spent.  The commissioner shall prepare and submit to the chairs 
210.10  of the committees in the senate and house of representatives 
210.11  with jurisdiction over criminal justice policy by January 1 of 
210.12  each even-numbered year a summary report of witness assistance 
210.13  services provided under this section. 
210.14     Subd. 4.  [DATA CLASSIFICATION.] An application to the 
210.15  commissioner for money is a confidential record.  Information 
210.16  within investigative files that identifies or could reasonably 
210.17  be used to ascertain the identity of assisted witnesses or 
210.18  victims is a confidential record.  A report at the conclusion of 
210.19  an investigation is a public record, except that information in 
210.20  a report pertaining to the identity or location of an assisted 
210.21  witness or victim is private data. 
210.22     Sec. 48.  [609B.297] [LIMITING COMMERCIAL EXPLOITATION OF 
210.23  CRIMES; VICTIM PAYMENT.] 
210.24     Subdivision 1.  [SPECIAL DEFINITIONS.] For purposes of this 
210.25  section, the following terms have the meanings given them in 
210.26  this subdivision. 
210.27     (a) "Contract" means an agreement to pay profits from a 
210.28  crime. 
210.29     (b) "Crime" means an offense that is a felony under the 
210.30  laws of Minnesota or that would have been a felony if committed 
210.31  in Minnesota, and includes an offense committed or attempted on 
210.32  an Indian reservation or other trust land. 
210.33     (c) "Offender" means a person convicted of a crime or found 
210.34  not guilty of a crime by reason of insanity. 
210.35     (d) "Person" includes persons, corporations, partnerships, 
210.36  and other legal entities. 
211.1      (e) Profits from a crime means: 
211.2      (1) any property obtained through or income generated from 
211.3   the commission of a crime; 
211.4      (2) any property obtained by or income generated from the 
211.5   sale, conversion, or exchange of proceeds of a crime, including 
211.6   any gain realized by the sale, conversion, or exchange; and 
211.7      (3) any property that the offender obtained or income 
211.8   generated as a result of having committed a crime, including: 
211.9      (A) assets obtained through the use of unique knowledge 
211.10  obtained during the commission of, or in preparation for the 
211.11  commission of a crime; and 
211.12     (B) property obtained by, income generated from, or gain 
211.13  realized by the sale, conversion, or exchange of the property. 
211.14     Subd. 2.  [NOTICE AND PAYMENT OF PROCEEDS TO BOARD 
211.15  REQUIRED.] A person that enters into a contract with an offender 
211.16  convicted in this state, and a person that enters into a 
211.17  contract in this state with an offender convicted in this state 
211.18  or elsewhere within the United States, must comply with this 
211.19  section if the person enters into the contract during the ten 
211.20  years after the offender is convicted of a crime or found not 
211.21  guilty by reason of insanity.  If an offender is imprisoned or 
211.22  committed to an institution following the conviction or finding 
211.23  of not guilty by reason of insanity, the ten-year period begins 
211.24  on the date of the offender's release.  A person subject to this 
211.25  section must notify the crime victims reparations board of the 
211.26  existence of the contract immediately upon its formation, and 
211.27  pay over to the board money owed to the offender or the 
211.28  offender's representatives by virtue of the contract according 
211.29  to the following proportions: 
211.30     (a) if the crime occurred in this state, the person shall 
211.31  pay to the board 100 percent of the money owed under the 
211.32  contract; 
211.33     (b) if the crime occurred in another jurisdiction having a 
211.34  law applicable to the contract which is substantially similar to 
211.35  this section, this section does not apply, and the person must 
211.36  not pay to the board any of the money owed under the contract; 
212.1   and 
212.2      (c) in all other cases, the person shall pay to the board 
212.3   that percentage of money owed under the contract which can 
212.4   fairly be attributed to commerce in this state with respect to 
212.5   the subject matter of the contract. 
212.6      Subd. 3.  [VICTIM NOTIFICATION.] When the board receives a 
212.7   payment pursuant to this section, it shall attempt to notify any 
212.8   known victims of the crime and shall publish a notice of that 
212.9   fact in a newspaper having general circulation in the county 
212.10  where the crime was committed.  The expenses of notification 
212.11  shall be paid from the amount received for that case. 
212.12     Subd. 4.  [DEDUCTIONS.] When the board has made reparations 
212.13  payments to or on behalf of a victim of the offender's crime 
212.14  pursuant to sections 609B.22 to 609B.295, it shall deduct the 
212.15  amount of the reparations award from any payment received under 
212.16  this section by virtue of the offender's contract unless the 
212.17  board has already been reimbursed for the reparations award from 
212.18  another collateral source. 
212.19     Subd. 5.  [OFFENDER'S MINOR DEPENDENT CLAIMS.] Immediately 
212.20  after money is deposited with the board under this section, the 
212.21  board may allocate up to ten percent of any money remaining 
212.22  after a deduction is made under subdivision 4 for the benefit of 
212.23  the offender's dependent minor children.  The board shall then 
212.24  retain the funds allocated until a claim is made by the 
212.25  dependent minor children or their representative.  Upon 
212.26  receiving a claim, the board shall disburse the allocated funds 
212.27  to the dependent minor children if it is shown by clear and 
212.28  convincing evidence that the funds will not be used in a way 
212.29  that benefits the offender. 
212.30     Subd. 6.  [CLAIMS BY VICTIMS OF OFFENDER'S CRIME.] (a) A 
212.31  victim of a crime committed by the offender and the estate of a 
212.32  deceased victim of a crime committed by the offender may submit 
212.33  the following claims for reparations and damages to the board to 
212.34  be paid from money received by virtue of the offender's contract:
212.35     (1) claims for reparations to which the victim is entitled 
212.36  under sections 609B.22 to 609B.295 and for which the victim has 
213.1   not yet received an award from the board; 
213.2      (2) claims for reparations to which the victim would have 
213.3   been entitled under sections 609B.22 to 609B.295, but for the 
213.4   $50,000 maximum limit contained in section 609B.23; and 
213.5      (3) claims for other uncompensated damages suffered by the 
213.6   victim as a result of the offender's crime including, but not 
213.7   limited to, damages for pain and suffering. 
213.8      (b) The victim must file the claim within five years after 
213.9   the date on which the board received payment under this section. 
213.10  The board shall determine the victim's claim in accordance with 
213.11  the procedures contained in sections 609B.24 to 609B.255.  An 
213.12  award made by the board under this subdivision must be paid from 
213.13  the money received by virtue of the offender's contract that 
213.14  remains after a deduction or allocation, if any, has been made 
213.15  under subdivision 4 or 7. 
213.16     Subd. 7.  [CLAIMS BY OTHER CRIME VICTIMS.] (a) The board 
213.17  may use money received by virtue of an offender's contract for 
213.18  the purpose of paying reparations awarded to victims of other 
213.19  crimes pursuant to sections 609B.22 to 609B.295 under the 
213.20  following circumstances: 
213.21     (1) money remains after deductions and allocations have 
213.22  been made under subdivisions 4 and 7, and claims have been paid 
213.23  under subdivision 6; or 
213.24     (2) no claim is filed under subdivision 6 within five years 
213.25  after the date on which the board received payment under this 
213.26  section. 
213.27     (b) None of this money may be used for purposes other than 
213.28  the payment of reparations. 
213.29     Subd. 8.  [PAYMENTS FOR COSTS OF DEFENSE.] Notwithstanding 
213.30  any other provision of this section, the board shall make 
213.31  payments to an offender from the account of amounts received 
213.32  with reference to that offender upon the order of a court of 
213.33  competent jurisdiction after a showing by that offender that the 
213.34  money shall be used for the reasonable costs of defense in the 
213.35  appeal of a criminal conviction or in proceedings pursuant to 
213.36  this section. 
214.1      Subd. 9.  [DEPOSIT OF MONEY IN STATE TREASURY.] All money 
214.2   received by the board pursuant to this section shall be 
214.3   deposited in the state treasury, credited to a special account, 
214.4   and are appropriated to the board for the purposes of this 
214.5   section.  Money in the special account may be invested pursuant 
214.6   to section 11A.25.  When so invested, any interest or profit 
214.7   shall accrue to, and any loss be borne by, the special account.  
214.8   The board shall allocate money in the special account to each 
214.9   case pursuant to this section. 
214.10     Subd. 10.  [UNLAWFUL CONDUCT.] A person is guilty of 
214.11  commercial exploitation violation and may be punished as 
214.12  provided in section 609B.298 or 609B.299 if the person: 
214.13     (a) willfully fails to notify the board of the existence of 
214.14  a contract as required by this section; or 
214.15     (b) takes any other action, whether by way of execution of 
214.16  a power of attorney, creation of corporate or trust entities or 
214.17  otherwise, to defeat the purpose of this section. 
214.18     Sec. 49.  [609B.298] [FIRST DEGREE MISDEMEANOR COMMERCIAL 
214.19  EXPLOITATION VIOLATION.] 
214.20     Whoever violates section 609B.297, subdivision 10, 
214.21  paragraph (a), is guilty of a first degree misdemeanor. 
214.22     Sec. 50.  [609B.299] [THIRD DEGREE MISDEMEANOR COMMERCIAL 
214.23  EXPLOITATION VIOLATION.] 
214.24     Whoever violates section 609B.297, subdivision 10, 
214.25  paragraph (b), is guilty of a third degree misdemeanor. 
214.26      DOMESTIC ABUSE VICTIMS; PROGRAMS AND SPECIAL PROVISIONS 
214.27     Sec. 51.  [609B.31] [RIGHT TO NOTICE OF OFFENDER'S PRETRIAL 
214.28  RELEASE AND BAIL HEARING.] 
214.29     A victim of domestic abuse, as defined in section 609A.07, 
214.30  or harassment, under section 609D.63, has a right under section 
214.31  629.72 to be notified of the date, approximate time, and place 
214.32  of the offender's upcoming bail hearing and has a right to be 
214.33  notified when the offender is released from pretrial detention. 
214.34     Sec. 52.  [609B.315] [RIGHT TO NOTICE OF DECISION NOT TO 
214.35  PROSECUTE.] 
214.36     (a) A prosecutor shall make every reasonable effort to 
215.1   notify a victim of domestic assault or harassment that the 
215.2   prosecutor has decided to decline prosecution of the case or to 
215.3   dismiss the criminal charges filed against the defendant.  
215.4   Efforts to notify the victim should include, in order of 
215.5   priority: 
215.6      (1) contacting the victim or a person designated by the 
215.7   victim by telephone; and 
215.8      (2) contacting the victim by mail. 
215.9      (b) If a suspect is still in custody, the notification 
215.10  attempt under paragraph (a) shall be made before the suspect is 
215.11  released from custody. 
215.12     (c) Whenever a prosecutor dismisses criminal charges 
215.13  against a person accused of domestic assault or harassment, a 
215.14  record shall be made of the specific reasons for the dismissal.  
215.15  If the dismissal is because of the unavailability of the 
215.16  witness, the prosecutor shall indicate the specific reason that 
215.17  the witness is unavailable. 
215.18     (d) Whenever a prosecutor notifies a victim of domestic 
215.19  assault or harassment under this section, the prosecutor shall 
215.20  also inform the victim of the method and benefits of seeking an 
215.21  order for protection under section 518B.01 or a harassment 
215.22  restraining order under section 609D.69 and that the victim may 
215.23  seek an order without paying a fee. 
215.24     Sec. 53.  [609B.32] [PROSECUTION PLANS AND PROCEDURES.] 
215.25     Subdivision 1.  [SPECIAL DEFINITION OF DOMESTIC ABUSE 
215.26  CASE.] "Domestic abuse case" means a prosecution for: 
215.27     (a) a crime that involves domestic abuse; 
215.28     (b) violation of a condition of release following an arrest 
215.29  for a crime that involves domestic abuse; or 
215.30     (c) violation of a domestic abuse order for protection. 
215.31     Subd. 2.  [CONTENTS OF PLAN.] Each county and city attorney 
215.32  shall develop and implement a written plan to expedite and 
215.33  improve the efficiency and just disposition of domestic abuse 
215.34  cases brought to the prosecuting authority.  Domestic abuse 
215.35  advocates, law enforcement officials, and other interested 
215.36  members of the public must have an opportunity to assist in 
216.1   developing or adapting the plans in each jurisdiction.  The 
216.2   commissioner shall make the model and related training and 
216.3   technical assistance available to all city and county attorneys. 
216.4   All plans must state goals and contain policies and procedures 
216.5   to address the following matters: 
216.6      (a) early assignment of a trial prosecutor who has the 
216.7   responsibility of handling the domestic abuse case through 
216.8   disposition, whenever feasible, or, where applicable, probation 
216.9   revocation; and early contact between the trial prosecutor and 
216.10  the victim; 
216.11     (b) procedures to facilitate the earliest possible contact 
216.12  between the prosecutor's office and the victim for the purpose 
216.13  of acquainting the victim with the criminal justice process, the 
216.14  use of subpoenas, the victim's role as a witness in the 
216.15  prosecution, and the domestic abuse or victim services that are 
216.16  available; 
216.17     (c) procedures to coordinate the trial prosecutor's efforts 
216.18  with those of the domestic abuse advocate or victim advocate, 
216.19  where available, and to facilitate the early provision of 
216.20  advocacy services to the victim; 
216.21     (d) procedures to encourage the prosecution of all domestic 
216.22  abuse cases where a crime can be proven; 
216.23     (e) methods that will be used to identify, gather, and 
216.24  preserve evidence in addition to the victim's in-court testimony 
216.25  that will enhance the ability to prosecute a case when a victim 
216.26  is reluctant to assist, including physical evidence of the 
216.27  victim's injury, evidence relating to the scene of the crime, 
216.28  eyewitness testimony, and statements of the victim made at or 
216.29  near the time of the injury; 
216.30     (f) procedures for educating local law enforcement agencies 
216.31  about the contents of the plan and their role in assisting with 
216.32  its implementation; 
216.33     (g) the use for subpoenas to victims and witnesses, where 
216.34  appropriate; 
216.35     (h) procedures for annual review of the plan to evaluate 
216.36  whether it is meeting its goals effectively and whether 
217.1   improvements are needed; and 
217.2      (i) a timetable for implementation. 
217.3      Sec. 54.  [609B.33] [ELECTRONIC MONITORING STANDARDS.] 
217.4      The commissioner of corrections, after considering the 
217.5   recommendations of the battered women advisory council and the 
217.6   sexual assault advisory council, and in collaboration with the 
217.7   commissioner of public safety, shall adopt standards governing 
217.8   electronic monitoring devices used to protect victims of 
217.9   domestic abuse.  In developing proposed standards, the 
217.10  commissioner shall consider the experience of the courts in the 
217.11  tenth judicial district in the use of the devices to protect 
217.12  victims of domestic abuse.  These standards shall promote the 
217.13  safety of the victim and shall include measures to avoid the 
217.14  disparate use of the device with communities of color, product 
217.15  standards, monitoring agency standards, and victim disclosure 
217.16  standards. 
217.17     Sec. 55.  [609B.34] [BATTERED WOMEN ADVISORY COUNCIL.] 
217.18     Subdivision 1.  [GENERALLY.] The commissioner shall appoint 
217.19  a 12-member advisory council to advise the commissioner on the 
217.20  implementation and continued operation of sections 609B.34 and 
217.21  609B.345.  The battered women's advisory council shall also 
217.22  serve as a liaison between the commissioner and organizations 
217.23  that provide services to battered women.  Section 15.059 governs 
217.24  the filling of vacancies and removal of members of the advisory 
217.25  council.  The term of a member of the advisory council is two 
217.26  years.  No member may serve on the advisory council for more 
217.27  than two consecutive terms.  Notwithstanding section 15.059, the 
217.28  council shall not expire.  Council members shall not receive per 
217.29  diem, but shall receive expenses in the same manner and amount 
217.30  as state employees. 
217.31     Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
217.32  knowledgeable about and have experience or interest in issues 
217.33  concerning battered women, including the need for effective 
217.34  advocacy services.  The membership of the council shall broadly 
217.35  represent the interests of battered women in Minnesota.  No more 
217.36  than six of the members of the battered women's advisory council 
218.1   may be representatives of community or governmental 
218.2   organizations that provide services to battered women.  One-half 
218.3   of the council's members shall reside in the metropolitan area, 
218.4   composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 
218.5   and Carver counties, and one-half of the members shall reside in 
218.6   the nonmetropolitan area.  To the extent possible, 
218.7   nonmetropolitan members must be representative of all 
218.8   nonmetropolitan regions of the state. 
218.9      Subd. 3.  [DUTIES.] The advisory council shall: 
218.10     (a) advise the commissioner on all planning, development, 
218.11  data collection, rulemaking, funding, and evaluation of programs 
218.12  and services for battered women that are funded under section 
218.13  609B.345, other than matters of a purely administrative nature; 
218.14     (b) advise the commissioner on the adoption of rules under 
218.15  chapter 14 governing the award of grants to ensure that funded 
218.16  programs are consistent with section 609B.345; 
218.17     (c) recommend to the commissioner the names of five 
218.18  applicants for the position of battered women's program 
218.19  director; 
218.20     (d) advise the commissioner on the rules adopted under 
218.21  chapter 14 pursuant to section 609B.345; 
218.22     (e) review applications received by the commissioner for 
218.23  grants under section 609B.345 and make recommendations on the 
218.24  awarding of grants; and 
218.25     (f) advise the program director in the performance of 
218.26  duties in the administration and coordination of the programs 
218.27  funded under section 609B.345. 
218.28     Subd. 4.  [CONFLICTS OF INTEREST.] A member of the advisory 
218.29  council shall be excluded from participating in review and 
218.30  recommendations concerning a grant application if the member: 
218.31     (a) serves or has served at any time during the past three 
218.32  years as an employee, volunteer, or governing board member of an 
218.33  organization whose application is being reviewed; or 
218.34     (b) has a financial interest in the funding of the 
218.35  applicant organization. 
218.36     Sec. 56.  [609B.345] [BATTERED WOMEN PROGRAMS.] 
219.1      Subdivision 1.  [SPECIAL DEFINITIONS.] (a) For the purposes 
219.2   of sections 609B.34 and 609B.345, the following terms have the 
219.3   meanings given. 
219.4      (b) "Battered woman" means a woman who is being or has been 
219.5   victimized by domestic abuse. 
219.6      (c) "Emergency shelter services" include, but are not 
219.7   limited to, secure crisis shelters for battered women and 
219.8   housing networks for battered women. 
219.9      (d) "Support services" include, but are not limited to, 
219.10  advocacy services, legal services, counseling services, 
219.11  transportation services, child care services, and 24 hour 
219.12  information and referral services. 
219.13     (e) "Commissioner" means the commissioner of the department 
219.14  of corrections or a designee. 
219.15     Subd. 2.  [GRANTS AWARDED.] The commissioner shall award 
219.16  grants to programs that provide emergency shelter services and 
219.17  support services to battered women and their children.  The 
219.18  commissioner shall also award grants for training, technical 
219.19  assistance, and for developing and implementing education 
219.20  programs to increase public awareness of the causes of 
219.21  battering, the solutions to preventing and ending domestic 
219.22  violence, and the problems faced by battered women.  Grants 
219.23  shall be awarded in a manner that ensures that they are 
219.24  equitably distributed to programs serving metropolitan and 
219.25  nonmetropolitan populations.  By July 1, 1995, community-based 
219.26  domestic abuse advocacy and support services programs must be 
219.27  established in every judicial assignment district. 
219.28     Subd. 3.  [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 
219.29  commissioner shall establish at least one program under this 
219.30  section to provide emergency shelter services and support 
219.31  services to battered American Indian women.  The commissioner 
219.32  shall grant continuing operating expenses to the program 
219.33  established under this subdivision in the same manner as 
219.34  operating expenses are granted to programs established under 
219.35  subdivision 1. 
219.36     Subd. 4.  [APPLICATIONS.] (a) Any public or private 
220.1   nonprofit agency may apply to the commissioner for a grant to 
220.2   provide emergency shelter services, support services, or both, 
220.3   to battered women and their children.  The application shall be 
220.4   submitted in a form approved by the commissioner by rule adopted 
220.5   under chapter 14, after consultation with the advisory council, 
220.6   and shall include: 
220.7      (1) a proposal for the provision of emergency shelter 
220.8   services, support services, or both, for battered women and 
220.9   their children; 
220.10     (2) a proposed budget; 
220.11     (3) evidence of an ability to integrate into the proposed 
220.12  program the uniform method of data collection and program 
220.13  evaluation established under sections 609B.34 and 609B.345; 
220.14     (4) evidence of an ability to represent the interests of 
220.15  battered women and their children to local law enforcement 
220.16  agencies and courts, county welfare agencies, and local boards 
220.17  or departments of health; 
220.18     (5) evidence of an ability to do outreach to unserved and 
220.19  underserved populations and to provide culturally and 
220.20  linguistically appropriate services; and 
220.21     (6) any other content the commissioner may require by rule 
220.22  adopted under chapter 14, after considering the recommendations 
220.23  of the advisory council. 
220.24     (b) Programs that have been approved for grants in prior 
220.25  years may submit materials that indicate changes in items listed 
220.26  in paragraph (a), clauses (1) to (6), in order to qualify for 
220.27  renewal funding. 
220.28     (c) Nothing in this subdivision requires programs to submit 
220.29  complete applications for each year of renewal funding. 
220.30     Subd. 5.  [DUTIES OF GRANTEES.] Every public or private 
220.31  nonprofit agency that receives a grant to provide emergency 
220.32  shelter services and support services to battered women shall 
220.33  comply with all rules of the commissioner related to the 
220.34  administration of the pilot programs. 
220.35     Subd. 6.  [CLASSIFICATION OF DATA COLLECTED BY 
220.36  GRANTEES.] Personal history information and other information 
221.1   collected, used or maintained by a grantee from which the 
221.2   identity of any battered woman may be determined is private data 
221.3   on individuals, as defined in section 13.02, subdivision 12, and 
221.4   the grantee shall maintain the data in accordance with chapter 
221.5   13. 
221.6      Subd. 7.  [DUTIES OF COMMISSIONER.] The commissioner shall: 
221.7      (a) review applications for and award grants to a program 
221.8   pursuant to subdivision 8, after considering the recommendation 
221.9   of the advisory council; 
221.10     (b) appoint the members of the advisory council created 
221.11  under section 609B.34, and provide consultative staff and other 
221.12  administrative services to the advisory council; 
221.13     (c) after considering the recommendation of the advisory 
221.14  council, appoint a program director to perform the duties set 
221.15  forth in subdivision 9; 
221.16     (d) design and implement a uniform method of collecting 
221.17  data on battered women to be used to evaluate the programs 
221.18  funded under this section; 
221.19     (e) provide technical aid to applicants in the development 
221.20  of grant requests and provide technical aid to programs in 
221.21  meeting the data collection requirements established by the 
221.22  commissioner; and 
221.23     (f) adopt, under chapter 14, all rules necessary to 
221.24  implement the provisions of sections 609B.34 to 609B.345. 
221.25     Subd. 8.  [ADVISORY COUNCIL RECOMMENDATIONS.] The 
221.26  commissioner shall consider the advisory council's 
221.27  recommendations before awarding grants or adopting policies 
221.28  regarding the planning, development, data collection, 
221.29  rulemaking, funding or evaluation of programs and services for 
221.30  battered women funded under this section.  Before taking action 
221.31  on matters related to programs and services for battered women 
221.32  and their children, except day-to-day administrative operations, 
221.33  the commissioner shall notify the advisory council of the 
221.34  intended action.  Notification of grant award decisions shall be 
221.35  given to the advisory council in time to allow the council to 
221.36  request reconsideration. 
222.1      Subd. 9.  [PROGRAM DIRECTOR.] The commissioner shall 
222.2   appoint a program director.  In appointing the program director 
222.3   the commissioner shall give due consideration to the list of 
222.4   applicants submitted to the commissioner pursuant to section 
222.5   609B.34.  The program director shall administer the funds 
222.6   appropriated for sections 609B.34 and 609B.345, consult with and 
222.7   provide staff to the advisory council, and perform other duties 
222.8   related to battered women's programs as the commissioner may 
222.9   assign.  The program director shall serve at the pleasure of the 
222.10  commissioner in the unclassified service. 
222.11     Subd. 10.  [DATA COLLECTION.] (a) The commissioner shall, 
222.12  by rule adopted under chapter 14, after considering the 
222.13  recommendations of the advisory council, prescribe a uniform 
222.14  form and method for the collection of data on battered women.  
222.15  The method and form of data collection shall be designed to 
222.16  document the incidence of assault on battered women.  All data 
222.17  collected by the commissioner pursuant to this section is 
222.18  summary data within the meaning of section 13.02, subdivision 19.
222.19     (b) Every local law enforcement agency shall collect data 
222.20  related to battered women in the form required by the 
222.21  commissioner.  The data shall be collected and transmitted to 
222.22  the commissioner at such times as the commissioner by rule 
222.23  requires. 
222.24     (c) Any person participating in good faith and exercising 
222.25  due care in collecting and transmitting data pursuant to this 
222.26  section shall have immunity from any liability, civil or 
222.27  criminal, that otherwise might result by reason of the person's 
222.28  action. 
222.29      SEXUAL ASSAULT VICTIMS; PROGRAMS AND SPECIAL PROVISIONS 
222.30     Sec. 57.  [609B.41] [NOTICE OF RISK OF SEXUALLY TRANSMITTED 
222.31  DISEASE.] 
222.32     Subdivision 1.  [NOTICE REQUIRED.] A hospital shall give a 
222.33  written notice about sexually transmitted diseases to a person 
222.34  receiving medical services in the hospital who reports or 
222.35  evidences a sexual assault or other unwanted sexual contact or 
222.36  sexual penetration.  When appropriate, the notice must be given 
223.1   to the parent or guardian of the victim. 
223.2      Subd. 2.  [CONTENTS OF NOTICE.] The commissioners of public 
223.3   safety and corrections, in consultation with sexual assault 
223.4   victim advocates and health care professionals, shall develop 
223.5   the notice required by subdivision 1.  The notice must inform 
223.6   the victim of: 
223.7      (a) the risk of contracting sexually transmitted diseases 
223.8   as a result of a sexual assault; 
223.9      (b) the symptoms of sexually transmitted diseases; 
223.10     (c) recommendations for periodic testing for the diseases, 
223.11  where appropriate; 
223.12     (d) locations where confidential testing is done and the 
223.13  extent of the confidentiality provided; 
223.14     (e) information necessary to make an informed decision 
223.15  whether to request a test of the offender under section 
223.16  609B.147; and 
223.17     (f) other medically relevant information. 
223.18     Sec. 58.  [609B.42] [SEXUAL ASSAULT ADVISORY COUNCIL.] 
223.19     Subdivision 1.  [CREATION.] The commissioner of corrections 
223.20  shall appoint a 12-member advisory council on sexual assault to 
223.21  advise the commissioner on the implementation and continued 
223.22  operation of section 609B.43.  The sexual assault advisory 
223.23  council shall also serve as a liaison between the commissioner 
223.24  and organizations that provide services to victims of sexual 
223.25  assault, and as an advocate within the department of corrections 
223.26  for the rights of sexual assault victims. 
223.27     Subd. 2.  [MEMBERSHIP.] No more than six of the members of 
223.28  the sexual assault advisory council may be representatives of 
223.29  community or governmental organizations that provide services to 
223.30  sexual assault victims.  One-half of the council's members shall 
223.31  reside in the metropolitan area, composed of Hennepin, Ramsey, 
223.32  Anoka, Dakota, Scott, Washington, and Carver counties, and 
223.33  one-half of the members shall reside in the nonmetropolitan area.
223.34  To the extent possible, nonmetropolitan members must be 
223.35  representative of all nonmetropolitan regions of the state. 
223.36     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
224.1   governs the filling of vacancies and removal of members of the 
224.2   sexual assault advisory council.  The term of a member of the 
224.3   advisory council is two years.  No member may serve on the 
224.4   advisory council for more than two consecutive terms.  Council 
224.5   members shall receive expense reimbursement as specified in 
224.6   section 15.059. 
224.7      Sec. 59.  [609B.43] [DEVELOPMENT OF STATEWIDE PROGRAM TO 
224.8   ASSIST SEXUAL ASSAULT VICTIMS.] 
224.9      Subdivision 1.  [SPECIAL DEFINITION OF SEXUAL ATTACK.] As 
224.10  used in this section, a "sexual attack" means any nonconsensual 
224.11  act of rape, sodomy, or indecent liberties.  
224.12     Subd. 2.  [COMMISSIONER'S DUTY.] The commissioner of 
224.13  corrections shall develop a community based, statewide program 
224.14  to aid victims of reported sexual attacks. 
224.15     Subd. 3.  [PROGRAM COMPONENTS.] The program developed by 
224.16  the commissioner of corrections may include, but need not be 
224.17  limited to, provision of the following services: 
224.18     (a) voluntary counseling by trained personnel to begin as 
224.19  soon as possible after a sexual attack is reported.  The 
224.20  counselor shall be of the same sex as the victim and shall, if 
224.21  requested, accompany the victim to the hospital and to other 
224.22  proceedings concerning the alleged attack, including police 
224.23  questioning, police investigation, and court proceedings.  The 
224.24  counselor shall also inform the victim of hospital procedures, 
224.25  police and court procedures, the possibility of contracting 
224.26  venereal disease, the possibility of pregnancy, expected 
224.27  emotional reactions and any other relevant information, and 
224.28  shall make appropriate referrals for any assistance desired by 
224.29  the victim; and 
224.30     (b) payment of all costs of any medical examinations and 
224.31  medical treatment that the victim may require as a result of the 
224.32  sexual attack if the victim is not otherwise reimbursed for 
224.33  these expenses or is ineligible to receive compensation under 
224.34  any other law of this state or of the United States. 
224.35     Subd. 4.  [COMMISSIONER'S POWERS.] In addition to 
224.36  developing the statewide program, the commissioner of 
225.1   corrections may: 
225.2      (a) assist and encourage county attorneys to assign 
225.3   prosecuting attorneys trained in sensitivity and understanding 
225.4   of victims of sexual attacks; 
225.5      (b) assist the peace officers standards and training board 
225.6   and police forces to develop programs to provide peace officers 
225.7   training in sensitivity and understanding of victims of sexual 
225.8   attacks; and encourage the assignment of trained peace officers 
225.9   of the same sex as the victim to conduct all necessary 
225.10  questioning of the victim; and 
225.11     (c) encourage hospital administrators to place a high 
225.12  priority on the expeditious treatment of victims of sexual 
225.13  attacks; and to retain personnel trained in sensitivity and 
225.14  understanding of victims of sexual attacks. 
225.15     Subd. 5.  [ADDITIONAL POWERS.] The department of 
225.16  corrections' victim service unit is authorized to accept and 
225.17  expend funds received from other state agencies, other units of 
225.18  governments, and other agencies, that result from the 
225.19  distribution of resource materials. 
225.20                  GENERAL CRIME VICTIMS; PROGRAMS 
225.21     Sec. 60.  [609B.45] [GENERAL CRIME VICTIMS ADVISORY 
225.22  COUNCIL.] 
225.23     Subdivision 1.  [CREATION.] The commissioner of corrections 
225.24  shall appoint a 12-member advisory council on general crime 
225.25  victims to advise the commissioner on the implementation and 
225.26  continued operation of this chapter with respect to victims of 
225.27  crimes other than sexual assault and domestic abuse.  The 
225.28  general crime victims advisory council shall also serve as a 
225.29  liaison between the commissioner and organizations that provide 
225.30  services to victims of crime, and as an advocate within the 
225.31  department of corrections for the rights of general crime 
225.32  victims. 
225.33     Subd. 2.  [MEMBERSHIP.] No more than six of the members of 
225.34  the general crime victims advisory council may be 
225.35  representatives of community or governmental organizations that 
225.36  provide services to crime victims.  One-half of the council's 
226.1   members shall reside in the metropolitan area, composed of 
226.2   Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver 
226.3   counties, and one-half of the members shall reside in the 
226.4   nonmetropolitan area.  To the extent possible, nonmetropolitan 
226.5   members must be representative of all nonmetropolitan regions of 
226.6   the state. 
226.7      Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
226.8   governs the filling of vacancies and removal of members of the 
226.9   general crime victims advisory council.  The term of a member of 
226.10  the advisory council is two years.  No member may serve on the 
226.11  advisory council for more than two consecutive terms.  Council 
226.12  members shall receive expense reimbursement as specified in 
226.13  section 15.059. 
226.14     Sec. 61.  [609B.47] [CRIME VICTIM CRISIS CENTERS.] 
226.15     Subdivision 1.  [SPECIAL DEFINITION OF CENTER.] For the 
226.16  purposes of this section, "center" means a crime victim crisis 
226.17  center providing services to victims of crime. 
226.18     Subd. 2.  [COMMISSIONER'S DUTY.] The commissioner of 
226.19  corrections shall establish at least two operational centers.  
226.20  The commissioner of corrections may contract with a public or 
226.21  private agency for the purposes of planning, implementing and 
226.22  evaluating the centers established herein. 
226.23     Subd. 3.  [DUTIES.] The centers shall: 
226.24     (a) provide direct crisis intervention to crime victims; 
226.25     (b) provide transportation for crime victims to assist them 
226.26  in obtaining necessary emergency services; 
226.27     (c) investigate the availability of insurance or other 
226.28  financial resources available to crime victims; 
226.29     (d) refer crime victims to public or private agencies 
226.30  providing existing needed services; 
226.31     (e) encourage the development of services that are not 
226.32  already being provided by existing agencies; 
226.33     (f) coordinate the services that are already being provided 
226.34  by various agencies; 
226.35     (g) facilitate the general education of crime victims about 
226.36  the criminal justice process; 
227.1      (h) educate the public as to program availability; 
227.2      (i) encourage educational programs that will serve to 
227.3   reduce victimization and diminish the extent of trauma where 
227.4   victimization occurs; and 
227.5      (j) provide other appropriate services. 
227.6                        CIVIL CAUSES OF ACTION 
227.7      Sec. 62.  [609B.51] [VICTIMS OF SEXUAL ABUSE BY 
227.8   PSYCHOTHERAPIST.] 
227.9      Subdivision 1.  [SPECIAL DEFINITIONS.] (a) The definitions 
227.10  in this subdivision apply to this section. 
227.11     (b) "Emotionally dependent" means that the nature of the 
227.12  patient's or former patient's emotional condition and the nature 
227.13  of the treatment provided by the psychotherapist are such that 
227.14  the psychotherapist knows or has reason to believe that the 
227.15  patient or former patient is unable to withhold consent to 
227.16  sexual contact by the psychotherapist. 
227.17     (c) "Former patient" means a person who was given 
227.18  psychotherapy within two years prior to sexual contact with the 
227.19  psychotherapist. 
227.20     (d) "Patient" means a person who seeks or obtains 
227.21  psychotherapy. 
227.22     (e) "Psychotherapist" means a physician, psychologist, 
227.23  nurse, chemical dependency counselor, social worker, member of 
227.24  the clergy, marriage and family therapist, mental health service 
227.25  provider, or other person, whether or not licensed by the state, 
227.26  who performs or purports to perform psychotherapy. 
227.27     (f) "Psychotherapy" means the professional treatment, 
227.28  assessment, or counseling of a mental or emotional illness, 
227.29  symptom, or condition. 
227.30     (g)(1) "Sexual contact" means any of the following, whether 
227.31  or not occurring with the consent of a patient or former patient:
227.32     (i) sexual intercourse, cunnilingus, fellatio, anal 
227.33  intercourse or any intrusion, however slight, into the genital 
227.34  or anal openings of the patient's or former patient's body by 
227.35  any part of the psychotherapist's body or by any object used by 
227.36  the psychotherapist for this purpose, or any intrusion, however 
228.1   slight, into the genital or anal openings of the 
228.2   psychotherapist's body by any part of the patient's or former 
228.3   patient's body or by any object used by the patient or former 
228.4   patient for this purpose, if agreed to by the psychotherapist; 
228.5      (ii) kissing of, or the intentional touching by the 
228.6   psychotherapist of the patient's or former patient's genital 
228.7   area, groin, inner thigh, buttocks, or breast or of the clothing 
228.8   covering any of these body parts; 
228.9      (iii) kissing of, or the intentional touching by the 
228.10  patient or former patient of the psychotherapist's genital area, 
228.11  groin, inner thigh, buttocks, or breast or of the clothing 
228.12  covering any of these body parts if the psychotherapist agrees 
228.13  to the kissing or intentional touching. 
228.14     (2) "Sexual contact" includes requests by the 
228.15  psychotherapist for conduct described in clause (1). 
228.16     (3) "Sexual contact" does not include conduct described in 
228.17  clause (1), item (i) or (ii), or clause (2), that is a part of 
228.18  standard medical treatment of a patient. 
228.19     (h) "Therapeutic deception" means a representation by a 
228.20  psychotherapist that sexual contact with the psychotherapist is 
228.21  consistent with or part of the patient's or former patient's 
228.22  treatment. 
228.23     Subd. 2.  [CAUSE OF ACTION FOR SEXUAL EXPLOITATION.] (a) A 
228.24  cause of action against a psychotherapist for sexual 
228.25  exploitation exists for a patient or former patient for injury 
228.26  caused by sexual contact with the psychotherapist, if the sexual 
228.27  contact occurred: 
228.28     (1) during the period the patient was receiving 
228.29  psychotherapy from the psychotherapist; or 
228.30     (2) after the period the patient received psychotherapy 
228.31  from the psychotherapist if: 
228.32     (i) the former patient was emotionally dependent on the 
228.33  psychotherapist; or 
228.34     (ii) the sexual contact occurred by means of therapeutic 
228.35  deception. 
228.36     (b) The patient or former patient may recover damages from 
229.1   a psychotherapist who is found liable for sexual exploitation. 
229.2   It is not a defense to the action that sexual contact with a 
229.3   patient occurred outside a therapy or treatment session or that 
229.4   it occurred off the premises regularly used by the 
229.5   psychotherapist for therapy or treatment sessions. 
229.6      Subd. 3.  [LIABILITY OF EMPLOYER.] (a) An employer of a 
229.7   psychotherapist may be liable under subdivision 2 if: 
229.8      (1) the employer fails or refuses to take reasonable action 
229.9   when the employer knows or has reason to know that the 
229.10  psychotherapist engaged in sexual contact with the plaintiff or 
229.11  any other patient or former patient of the psychotherapist; or 
229.12     (2) the employer fails or refuses to make inquiries of an 
229.13  employer or former employer, whose name and address have been 
229.14  disclosed to the employer and who employed the psychotherapist 
229.15  as a psychotherapist within the last five years, concerning the 
229.16  occurrence of sexual contacts by the psychotherapist with 
229.17  patients or former patients of the psychotherapist. 
229.18     (b) An employer or former employer of a psychotherapist may 
229.19  be liable under subdivision 2 if the employer or former employer:
229.20     (1) knows of the occurrence of sexual contact by the 
229.21  psychotherapist with patients or former patients of the 
229.22  psychotherapist; 
229.23     (2) receives a specific written request by another employer 
229.24  or prospective employer of the psychotherapist, engaged in the 
229.25  business of psychotherapy, concerning the existence or nature of 
229.26  the sexual contact; and 
229.27     (3) fails or refuses to disclose the occurrence of the 
229.28  sexual contacts. 
229.29     (c) An employer or former employer may be liable under 
229.30  subdivision 2 only to the extent that the failure or refusal to 
229.31  take any action required by paragraph (a) or (b) was a proximate 
229.32  and actual cause of any damages sustained. 
229.33     (d) No cause of action arises, nor may a licensing board in 
229.34  this state take disciplinary action, against a psychotherapist's 
229.35  employer or former employer who in good faith complies with this 
229.36  section. 
230.1      Subd. 4.  [SCOPE OF DISCOVERY.] (a) In an action for sexual 
230.2   exploitation, evidence of the plaintiff's sexual history is not 
230.3   subject to discovery except: 
230.4      (1) when the plaintiff claims damage to sexual functioning; 
230.5   or 
230.6      (2) when the defendant requests a hearing prior to 
230.7   conducting discovery and makes an offer of proof of the 
230.8   relevancy of the history, and the court finds that the history 
230.9   is relevant and that the probative value of the history 
230.10  outweighs its prejudicial effect. 
230.11     (b) The court shall allow the discovery only of specific 
230.12  information or examples of the plaintiff's conduct that the 
230.13  court determines to be relevant.  The court's order shall detail 
230.14  the information or conduct that is subject to discovery. 
230.15     Subd. 5.  [ADMISSION OF EVIDENCE.] (a) In an action for 
230.16  sexual exploitation, evidence of the plaintiff's sexual history 
230.17  is not admissible except when: 
230.18     (1) the defendant requests a hearing prior to trial and 
230.19  makes an offer of proof of the relevancy of the history; and 
230.20     (2) the court finds that the history is relevant and that 
230.21  the probative value of the history outweighs its prejudicial 
230.22  effect. 
230.23     (b) The court shall allow the admission only of specific 
230.24  information or examples of the plaintiff's conduct that the 
230.25  court determines to be relevant.  The court's order shall detail 
230.26  the information or conduct that is admissible and no other such 
230.27  evidence may be introduced.  Violation of the terms of the order 
230.28  may be grounds for a new trial. 
230.29     Subd. 6.  [LIMITATION PERIOD.] An action for sexual 
230.30  exploitation shall be commenced within five years after the 
230.31  cause of action arises. 
230.32     Sec. 63.  [609B.53] [VICTIMS OF BIAS CRIMES.] 
230.33     Subdivision 1.  [SPECIAL DEFINITION OF BIAS OFFENSE.] For 
230.34  purposes of this section, "bias offense" means conduct that 
230.35  would constitute a crime and was committed because of the 
230.36  victim's or another's actual or perceived race, color, religion, 
231.1   sex, sexual orientation, disability as defined in section 
231.2   363.01, age, or national origin. 
231.3      Subd. 2.  [CAUSE OF ACTION; DAMAGES AND FEES 
231.4   INJUNCTION.] (a) A person who is damaged by a bias offense has a 
231.5   civil cause of action against the person who committed the 
231.6   offense.  The plaintiff is entitled to recover the greater of: 
231.7      (1) $500; or 
231.8      (2) actual general and special damages, including damages 
231.9   for emotional distress. 
231.10     (b) A plaintiff also may obtain punitive damages as 
231.11  provided in sections 549.191 and 549.20 or an injunction or 
231.12  other appropriate relief. 
231.13     Subd. 3.  [RELATION TO CRIMINAL PROCEEDING; BURDEN OF 
231.14  PROOF.] A person may bring an action under this section 
231.15  regardless of the existence or outcome of criminal proceedings 
231.16  involving the bias offense that is the basis for the action.  
231.17  The burden of proof in an action under this section is 
231.18  preponderance of the evidence. 
231.19     Subd. 4.  [PARENTAL LIABILITY.] Section 540.18 applies to 
231.20  actions under this section, except that: 
231.21     (a) the parent or guardian is liable for all types of 
231.22  damages awarded under this section in an amount not exceeding 
231.23  $5,000; and 
231.24     (b) the parent or guardian is not liable if the parent or 
231.25  guardian made reasonable efforts to exercise control over the 
231.26  minor's behavior. 
231.27     Subd. 5.  [TRIAL; LIMITATION PERIOD.] (a) The right to 
231.28  trial by jury is preserved in an action brought under this 
231.29  section. 
231.30     (b) An action under this section must be commenced not 
231.31  later than six years after the cause of action arises. 
231.32     Subd. 6.  [OTHER RIGHTS PRESERVED.] The remedies under this 
231.33  section do not affect any rights or remedies of the plaintiff 
231.34  under other law. 
231.35     Sec. 64.  [609B.55] [VICTIMS OF COERCION FOR USE IN 
231.36  PROSTITUTION.] 
232.1      Subdivision 1.  [SPECIAL DEFINITION OF COERCE.] (a) As used 
232.2   in this section, coerce means to use or threaten to use any form 
232.3   of domination, restraint, or control for the purpose of causing 
232.4   an individual to engage in or remain in prostitution or to 
232.5   relinquish earnings derived from prostitution. 
232.6      (b) Coercion exists if the totality of the circumstances 
232.7   establish the existence of domination, restraint, or control 
232.8   that would have the reasonably foreseeable effect of causing an 
232.9   individual to engage in or remain in prostitution or to 
232.10  relinquish earnings from prostitution. 
232.11     (c) Evidence of coercion may include, but is not limited to:
232.12     (1) physical force or actual or implied threats of physical 
232.13  force; 
232.14     (2) physical or mental torture; 
232.15     (3) implicitly or explicitly leading an individual to 
232.16  believe that the individual will be protected from violence or 
232.17  arrest; 
232.18     (4) kidnapping; 
232.19     (5) defining the terms of an individual's employment or 
232.20  working conditions in a manner that can foreseeably lead to the 
232.21  individual's use in prostitution; 
232.22     (6) blackmail; 
232.23     (7) extortion or claims of indebtedness; 
232.24     (8) threat of legal complaint or report of delinquency; 
232.25     (9) threat to interfere with parental rights or 
232.26  responsibilities, whether by judicial or administrative action 
232.27  or otherwise; 
232.28     (10) promise of legal benefit, such as posting bail, 
232.29  procuring an attorney, protecting from arrest, or promising 
232.30  unionization; 
232.31     (11) promise of financial rewards; 
232.32     (12) promise of marriage; 
232.33     (13) restraining speech or communication with others, such 
232.34  as exploiting a language difference, or interfering with the use 
232.35  of mail, telephone, or money; 
232.36     (14) isolating an individual from others; 
233.1      (15) exploiting a condition of developmental disability, 
233.2   cognitive limitation, affective disorder, or substance 
233.3   dependency; 
233.4      (16) taking advantage of lack of intervention by child 
233.5   protection; 
233.6      (17) exploiting victimization by previous sexual abuse or 
233.7   battering; 
233.8      (18) exploiting pornographic performance; 
233.9      (19) interfering with opportunities for education or skills 
233.10  training; 
233.11     (20) destroying property; 
233.12     (21) restraining movement; 
233.13     (22) exploiting HIV status, particularly where the 
233.14  defendant's previous coercion led to the HIV exposure; or 
233.15     (23) exploiting needs for food, shelter, safety, affection, 
233.16  or intimate or marital relationships. 
233.17     Subd. 2.  [OTHER SPECIAL DEFINITIONS.] For purposes of this 
233.18  section: 
233.19     (a) "Prostitution" has the meaning given in section 609L.10.
233.20     (b) "Promotes the prostitution of an individual" has the 
233.21  meaning given in section 609L.10. 
233.22     Subd. 3.  [CAUSE OF ACTION CREATED.] (a) An individual has 
233.23  a cause of action against a person who: 
233.24     (1) coerced the individual into prostitution; 
233.25     (2) coerced the individual to remain in prostitution; 
233.26     (3) used coercion to collect or receive any of the 
233.27  individual's earnings derived from prostitution; or 
233.28     (4) hired, offered to hire, or agreed to hire the 
233.29  individual to engage in prostitution, knowing or having reason 
233.30  to believe that the individual was coerced into or coerced to 
233.31  remain in prostitution by another person. 
233.32     (b) For purposes of paragraph (a), clauses (1) and (2), 
233.33  money payment by a patron is not coercion or exploiting needs 
233.34  for food or shelter under subdivision 1. 
233.35     (c) Paragraph (a), clause (3), does not apply to minor 
233.36  children who are dependent on the individual and who may have 
234.1   benefited from or been supported by the individual's earnings 
234.2   derived from prostitution. 
234.3      (d) An individual has a cause of action against a person 
234.4   who did the following while the individual was a minor: 
234.5      (1) solicited or induced the individual to practice 
234.6   prostitution; 
234.7      (2) promoted the prostitution of the individual; 
234.8      (3) collected or received the individual's earnings derived 
234.9   from prostitution; or 
234.10     (4) hired, offered to hire, or agreed to hire the 
234.11  individual to engage in prostitution. 
234.12     (e) Mistake as to age is not a defense to an action under 
234.13  paragraph (d). 
234.14     (f) A person against whom a cause of action may be 
234.15  maintained under this subdivision is liable for the following 
234.16  damages that resulted from the plaintiff's being used in 
234.17  prostitution or to which the plaintiff's use in prostitution 
234.18  proximately contributed: 
234.19     (1) economic loss, including: 
234.20     (i) damage, destruction, or loss of use of personal 
234.21  property; 
234.22     (ii) loss of past or future income or earning capacity; and 
234.23     (iii) income, profits, or money owed to the plaintiff from 
234.24  contracts with the person; and 
234.25     (2) damages for: 
234.26     (i) death as may be allowed under section 573.02; 
234.27     (ii) personal injury, disease, and mental and emotional 
234.28  harm, including medical, rehabilitation, and burial expenses; 
234.29  and 
234.30     (iii) pain and suffering, including physical impairment. 
234.31     Subd. 4.  [ACTS NOT DEFENSES.] None of the following shall 
234.32  alone or jointly be a sufficient defense to an action under 
234.33  subdivision 3: 
234.34     (a) the plaintiff consented to engage in acts of 
234.35  prostitution; 
234.36     (b) the plaintiff was paid or otherwise compensated for 
235.1   acts of prostitution; 
235.2      (c) the plaintiff engaged in acts of prostitution prior to 
235.3   any involvement with the defendant; 
235.4      (d) the plaintiff apparently initiated involvement with the 
235.5   defendant; 
235.6      (e) the plaintiff made no attempt to escape, flee, or 
235.7   otherwise terminate contact with the defendant; 
235.8      (f) the defendant had not engaged in prior acts of 
235.9   prostitution with the plaintiff; 
235.10     (g) as a condition of employment, the defendant required 
235.11  the plaintiff to agree not to engage in prostitution; or 
235.12     (h) the defendant's place of business was posted with signs 
235.13  prohibiting prostitution or prostitution-related activities. 
235.14     Subd. 5.  [EVIDENCE.] (a) In the course of litigation under 
235.15  this section, any transaction about which a plaintiff testifies 
235.16  or produces evidence does not subject the plaintiff to criminal 
235.17  prosecution or any penalty or forfeiture.  Any testimony or 
235.18  evidence, documentary or otherwise, or information directly or 
235.19  indirectly derived from that testimony or evidence that is given 
235.20  or produced by a plaintiff or a witness for a plaintiff may not 
235.21  be used against that person in any other investigation or 
235.22  proceeding, other than a criminal investigation or proceeding 
235.23  for perjury committed while giving the testimony or producing 
235.24  the evidence. 
235.25     (b) Evidence of convictions for prostitution or 
235.26  prostitution-related offenses is inadmissible in a proceeding 
235.27  brought under this section for purposes of attacking the 
235.28  plaintiff's credibility.  If the court admits evidence of prior 
235.29  convictions for purposes permitted under Minnesota Rules of 
235.30  Evidence, rule 404(b) with respect to motive, opportunity, 
235.31  intent, preparation, plan, knowledge, identity, or absence of 
235.32  mistake or accident, the fact finder may consider the evidence 
235.33  solely for those purposes and shall disregard details offered to 
235.34  prove any fact that is not relevant. 
235.35     Subd. 6.  [STATUTE OF LIMITATIONS.] An action for damages 
235.36  under this section must be commenced not later than six years 
236.1   after the cause of action arises, except that the running of the 
236.2   limitation period is suspended during the time that coercion as 
236.3   defined in this section continues, or as otherwise provided by 
236.4   section 541.13 or 541.15. 
236.5      Subd. 7.  [OTHER REMEDIES PRESERVED.] This section does not 
236.6   affect the right of any person to bring an action or use any 
236.7   remedy available under other law, including common law, to 
236.8   recover damages arising out of the use of the individual in 
236.9   prostitution or the coercion incident to the individual being 
236.10  used in prostitution; nor does this section limit or restrict 
236.11  the liability of any person under other law. 
236.12     Subd. 8.  [DOUBLE RECOVERY PROHIBITED.] A person who 
236.13  recovers damages under this section may not recover the same 
236.14  costs or damages under any other law.  A person who recovers 
236.15  damages under any other law may not recover for the same costs 
236.16  or damages under this section. 
236.17     Subd. 9.  [AWARD OF COSTS.] Upon motion of a prevailing 
236.18  party in an action under this section, the court may award 
236.19  costs, disbursements, and reasonable attorney fees and witness 
236.20  fees to the party. 
236.21     Subd. 10.  [NO AVOIDANCE OF LIABILITY.] No person may avoid 
236.22  liability under this section by means of any conveyance of any 
236.23  right, title, or interest in real property, or by any 
236.24  indemnification, hold harmless agreement, or similar agreement 
236.25  that purports to show consent of the plaintiff. 
236.26     Sec. 65.  [609B.57] [BARRING PERPETRATORS FROM RECOVERING 
236.27  CERTAIN DAMAGES.] 
236.28     Subdivision 1.  [SPECIAL DEFINITIONS.] As used in this 
236.29  section: 
236.30     (a) "perpetrator" means a person who has engaged in 
236.31  criminal conduct and includes a person convicted of a crime; 
236.32     (b) "victim" means a person who was the object of another's 
236.33  criminal conduct and includes a person at the scene of an 
236.34  emergency who gives reasonable assistance to another person who 
236.35  is exposed to or has suffered grave physical harm; 
236.36     (c) "course of criminal conduct" includes the acts or 
237.1   omissions of a victim in resisting criminal conduct; and 
237.2      (d) "convicted" includes a finding of guilt, whether or not 
237.3   the adjudication of guilt is stayed or executed, an unwithdrawn 
237.4   judicial admission of guilt or guilty plea, a no contest plea, a 
237.5   judgment of conviction, an adjudication as a delinquent child, 
237.6   an admission to a juvenile delinquency petition, or a 
237.7   disposition as an extended jurisdiction juvenile. 
237.8      Subd. 2.  [PERPETRATOR'S ASSUMPTION OF THE RISK.] A 
237.9   perpetrator assumes the risk of loss, injury, or death resulting 
237.10  from or arising out of a course of criminal conduct involving a 
237.11  violent crime engaged in by the perpetrator or an accomplice, 
237.12  and the crime victim is immune from and not liable for any civil 
237.13  damages as a result of acts or omissions of the victim if the 
237.14  victim used reasonable force as authorized in section 609A.15 or 
237.15  609A.17. 
237.16     Subd. 3.  [EVIDENCE.] Notwithstanding other evidence that 
237.17  the victim may adduce relating to the perpetrator's conviction 
237.18  of the violent crime involving the parties to the civil action, 
237.19  a certified copy of any of the following is conclusive proof of 
237.20  the perpetrator's assumption of the risk: 
237.21     (a) a guilty plea; 
237.22     (b) a court judgment of guilt; 
237.23     (c) a court record of conviction as specified in section 
237.24  599.24, 599.25, or 609A.29; 
237.25     (d) an adjudication as a delinquent child; or 
237.26     (e) a disposition as an extended jurisdiction juvenile 
237.27  pursuant to section 260.126. 
237.28     Subd. 4.  [ATTORNEY'S FEES TO VICTIM.] If the perpetrator 
237.29  does not prevail in a civil action that is subject to this 
237.30  section, the court may award reasonable expenses, including 
237.31  attorney's fees and disbursements, to the victim. 
237.32     Subd. 5.  [STAY OF CIVIL ACTION.] Except to the extent 
237.33  needed to preserve evidence, any civil action in which the 
237.34  defense set forth in subdivision 1 or 2 is raised shall be 
237.35  stayed by the court on the motion of the defendant during the 
237.36  pendency of any criminal action against the plaintiff based on 
238.1   the alleged violent crime. 
238.2                           OTHER PROVISIONS 
238.3      Sec. 66.  [609B.61] [RELEASE OF VIDEOTAPES OF CHILD ABUSE 
238.4   VICTIMS.] 
238.5      Subdivision 1.  [SPECIAL DEFINITION OF PHYSICAL ABUSE AND 
238.6   SEXUAL ABUSE.] For purposes of this section, "physical abuse" 
238.7   and "sexual abuse" have the meanings given in section 626.556, 
238.8   subdivision 2, except that abuse is not limited to acts by a 
238.9   person responsible for the child's care or in a significant 
238.10  relationship with the child or position of authority. 
238.11     Subd. 2.  [COURT ORDER REQUIRED.] (a) A custodian of a 
238.12  videotape of a child victim or alleged victim alleging, 
238.13  explaining, denying, or describing an act of physical or sexual 
238.14  abuse as part of an investigation or evaluation of the abuse may 
238.15  not release a copy of the videotape without a court order, 
238.16  notwithstanding that the subject has consented to the release of 
238.17  the videotape or that the release is authorized under law. 
238.18     (b) The court order may govern the purposes for which the 
238.19  videotape may be used, reproduction, release to other persons, 
238.20  retention and return of copies, and other requirements 
238.21  reasonably necessary for protection of the privacy and best 
238.22  interests of the child. 
238.23     Subd. 3.  [PETITION.] An individual subject of data, as 
238.24  defined in section 13.02, or a patient, as defined in section 
238.25  144.335, who is seeking a copy of a videotape governed by this 
238.26  section may petition the district court in the county where the 
238.27  alleged abuse took place or where the custodian of the videotape 
238.28  resides for an order releasing a copy of the videotape under 
238.29  subdivision 2.  Nothing in this section establishes a right to 
238.30  obtain access to a videotape by any other person nor limits a 
238.31  right of a person to obtain access if access is otherwise 
238.32  authorized by law or pursuant to discovery in a court proceeding.
238.33                             ARTICLE 6 
238.34               CRIMES INVOLVING DEATH OR BODILY HARM  
238.35                        HOMICIDE AND SUICIDE 
238.36     Section 1.  [609C.11] [MURDER.] 
239.1      Whoever causes the death of a human being in violation of 
239.2   sections 609C.113 to 609C.117 is guilty of murder and may be 
239.3   sentenced as provided in sections 609C.113 to 609C.117. 
239.4      Sec. 2.  [609C.113] [MURDER IN THE FIRST DEGREE.] 
239.5      Whoever does any of the following is guilty of murder in 
239.6   the first degree and shall be sentenced to imprisonment for life:
239.7      (a) causes the death of a human being with premeditation 
239.8   and with intent to effect the death of the person or of another; 
239.9      (b) causes the death of a human being while committing or 
239.10  attempting to commit criminal sexual conduct in the first or 
239.11  second degree with force or violence, either upon or affecting 
239.12  the person or another; 
239.13     (c) causes the death of a human being with intent to effect 
239.14  the death of that person or another, while committing or 
239.15  attempting to commit burglary, aggravated robbery, kidnapping, 
239.16  arson in the first or second degree, tampering with a witness in 
239.17  the first degree, or escape from custody, or any felony 
239.18  violation of chapter 609F involving the unlawful sale of a 
239.19  controlled substance; 
239.20     (d) causes the death of a peace officer or a guard employed 
239.21  at a Minnesota state or local correctional facility, with intent 
239.22  to effect the death of that person or another, while the peace 
239.23  officer or guard is engaged in the performance of official 
239.24  duties; 
239.25     (e) causes the death of a minor while committing child 
239.26  abuse, when the perpetrator has engaged in a past pattern of 
239.27  child abuse upon the child and the death occurs under 
239.28  circumstances manifesting an extreme indifference to human life; 
239.29     (f) causes the death of a human being while committing 
239.30  domestic abuse, when the perpetrator has engaged in a past 
239.31  pattern of domestic abuse upon the victim and the death occurs 
239.32  under circumstances manifesting an extreme indifference to human 
239.33  life; or 
239.34     (g) subject to section 609C.12 (prosecution for murder by 
239.35  infliction of disease), causes the death of a human being with 
239.36  premeditation and with intent to effect the victim's death by 
240.1   engaging in behavior that has been demonstrated 
240.2   epidemiologically to be a mode of direct transmission of an 
240.3   infectious agent that causes a serious communicable disease, if 
240.4   the perpetrator knowingly harbors an infectious agent and the 
240.5   behavior involves: 
240.6      (1) sexual penetration of the victim without the use of a 
240.7   latex or other effective barrier and without having first 
240.8   informed the victim that the perpetrator has a communicable 
240.9   disease; 
240.10     (2) transfer of blood, sperm, organs, or tissue, except as 
240.11  deemed necessary for medical research or if disclosed on donor 
240.12  screening forms; or 
240.13     (3) sharing of nonsterile syringes or needles for the 
240.14  purpose of injecting drugs. 
240.15     Sec. 3.  [609C.115] [MURDER IN THE SECOND DEGREE.] 
240.16     Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
240.17  Whoever does either of the following is guilty of murder in the 
240.18  second degree and may be sentenced to imprisonment for not more 
240.19  than 40 years: 
240.20     (a) causes the death of a human being with intent to effect 
240.21  the death of that person or another, but without premeditation; 
240.22     (b) subject to section 609C.12 (prosecution for murder by 
240.23  infliction of disease), causes the death of a human being with 
240.24  intent to effect the death of that person by engaging in 
240.25  behavior that has been demonstrated epidemiologically to be a 
240.26  mode of direct transmission of an infectious agent that causes a 
240.27  serious communicable disease, if the perpetrator knowingly 
240.28  harbors an infectious agent and the behavior involves: 
240.29     (1) sexual penetration of the victim without the use of a 
240.30  latex or other effective barrier and without having first 
240.31  informed the victim that the perpetrator has a communicable 
240.32  disease; 
240.33     (2) transfer of blood, sperm, organs, or tissue, except as 
240.34  deemed necessary for medical research or if disclosed on donor 
240.35  screening forms; or 
240.36     (3) sharing of nonsterile syringes or needles for the 
241.1   purpose of injecting drugs; or 
241.2      (c) causes the death of a human being while committing or 
241.3   attempting to commit a drive-by shooting in violation of section 
241.4   609E.35.  
241.5      Subd. 2.  [UNINTENTIONAL MURDERS.] Whoever does either of 
241.6   the following is guilty of unintentional murder in the second 
241.7   degree and may be sentenced to imprisonment for not more than 40 
241.8   years: 
241.9      (a) causes the death of a human being, without intent to 
241.10  effect the death of any person, while committing or attempting 
241.11  to commit a felony offense other than criminal sexual conduct in 
241.12  the first or second degree with force or violence or a drive-by 
241.13  shooting; or 
241.14     (b) causes the death of a human being without intent to 
241.15  effect the death of any person, while intentionally inflicting 
241.16  or attempting to inflict bodily harm upon the victim, when the 
241.17  actor is restrained under an order for protection and the victim 
241.18  is a person designated to receive protection under the order. As 
241.19  used in this paragraph, "order for protection" includes: 
241.20     (1) an order for protection issued under section 518B.01 
241.21  (domestic abuse); 
241.22     (2) a harassment restraining order issued under section 
241.23  609D.69; 
241.24     (3) a court order setting conditions of pretrial release or 
241.25  conditions of a criminal sentence or juvenile court disposition; 
241.26     (4) a restraining order issued in a marriage dissolution 
241.27  action; and 
241.28     (5) any order issued by a court of another state or of the 
241.29  United States that is similar to any of these orders.  
241.30     Sec. 4.  [609C.117] [MURDER IN THE THIRD DEGREE.] 
241.31     Whoever does either of the following is guilty of murder in 
241.32  the third degree and may be sentenced to imprisonment for not 
241.33  more than 25 years or to payment of a fine of not more than 
241.34  $50,000, or both: 
241.35     (a) without intent to effect the death of any person, 
241.36  causes the death of another by perpetrating an act eminently 
242.1   dangerous to others and evincing a depraved mind, without regard 
242.2   for human life; or 
242.3      (b) without intent to cause death, proximately causes the 
242.4   death of a human being by, directly or indirectly, unlawfully 
242.5   selling, giving away, bartering, delivering, exchanging, 
242.6   distributing, or administering a controlled substance classified 
242.7   in schedule I or II. 
242.8      Sec. 5.  [609C.12] [PROSECUTION FOR MURDER BY INFLICTION OF 
242.9   DISEASE.] 
242.10     Subdivision 1.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
242.11  defense to prosecution under section 609C.113, paragraph (g) 
242.12  (first degree murder by premeditated infliction of disease), or 
242.13  609C.115, subdivision 1, paragraph (b) (second degree murder by 
242.14  intentional infliction of disease), if it is proven by a 
242.15  preponderance of the evidence, that the person who knowingly 
242.16  harbors an infectious agent for a communicable disease: 
242.17     (a) took practical means to prevent transmission as advised 
242.18  by a physician or other health professional; or 
242.19     (b) is a health care provider who was following 
242.20  professionally accepted infection control procedures.  
242.21     Subd. 2.  [INAPPLICABILITY TO OTHER PROSECUTIONS.] Nothing 
242.22  in this section shall be construed to be a defense to a criminal 
242.23  prosecution that does not allege a violation of section 
242.24  609C.113, paragraph (g), or 609C.115, subdivision 1, paragraph 
242.25  (b). 
242.26     Subd. 3.  [HEALTH DEPARTMENT DATA.] In a prosecution under 
242.27  section 609C.113, paragraph (g), or 609C.115, paragraph (b), 
242.28  data protected by section 13.38 (health data) and information 
242.29  collected as part of a health department investigation under 
242.30  sections 144.4171 to 144.4186 (health threat procedures) may not 
242.31  be accessed or subpoenaed by law enforcement authorities or 
242.32  prosecutors without the consent of the subject of the data. 
242.33     Sec. 6.  [609C.13] [MANDATORY PENALTIES FOR CERTAIN 
242.34  MURDERS.] 
242.35     Subdivision 1.  [MANDATORY PENALTY FOR CERTAIN SECOND AND 
242.36  THIRD DEGREE MURDERS.] (a) When a person is convicted of 
243.1   violating section 609C.115 (second degree murder) or 609C.117 
243.2   (third degree murder), the court shall sentence the person to 
243.3   the statutory maximum sentence for the offense if the person 
243.4   committed the murder: 
243.5      (1) after the person was previously convicted of a heinous 
243.6   crime; and 
243.7      (2) within 15 years after the person was discharged from 
243.8   the sentence imposed for that conviction. 
243.9      (b) The court may not stay the imposition or execution of 
243.10  the sentence, notwithstanding section 609A.65 (stay of 
243.11  imposition or execution of sentence).  
243.12     Subd. 2.  [LIFE WITHOUT RELEASE FOR CERTAIN FIRST DEGREE 
243.13  MURDERS.] The court shall sentence a person to life imprisonment 
243.14  without possibility of release under the following circumstances:
243.15     (a) the person is convicted of first degree murder under 
243.16  section 609C.113, paragraph (b) (while committing or attempting 
243.17  first or second degree criminal sexual conduct with force or 
243.18  violence) or (d) (death of peace officer or guard); or 
243.19     (b) the person is convicted of first degree murder under 
243.20  section 609C.113, paragraph (a), (c), (e), or (f) (premeditated, 
243.21  while committing or attempting certain crimes, while committing 
243.22  child abuse in certain circumstances, or while committing 
243.23  domestic abuse in certain circumstances), and the court 
243.24  determines on the record at the time of sentencing that the 
243.25  person has one or more previous convictions for a heinous crime. 
243.26     Sec. 7.  [609C.15] [MANSLAUGHTER.] 
243.27     Whoever causes the death of another person in violation of 
243.28  section 609C.153 or 609C.155 is guilty of manslaughter and may 
243.29  be sentenced as provided in sections 609C.153 or 609C.155.  
243.30     Sec. 8.  [609C.153] [MANSLAUGHTER IN THE FIRST DEGREE.] 
243.31     Whoever does any of the following is guilty of manslaughter 
243.32  in the first degree and may be sentenced to imprisonment for not 
243.33  more than 15 years or to payment of a fine of not more than 
243.34  $30,000, or both: 
243.35     (a) intentionally causes the death of another person in the 
243.36  heat of passion provoked by such words or acts of another that 
244.1   under like circumstances would provoke a person of ordinary 
244.2   self-control who is not under the influence of intoxicants or a 
244.3   controlled substance, provided that the crying of a child does 
244.4   not constitute provocation; 
244.5      (b) violates section 609C.21 (assault) and causes the death 
244.6   of another; 
244.7      (c) causes the death of another in committing or attempting 
244.8   to commit a misdemeanor or gross misdemeanor offense with such 
244.9   force and violence that death of or great bodily harm to any 
244.10  person is reasonably foreseeable, and murder in the first or 
244.11  second degree is not committed thereby; 
244.12     (d) intentionally causes the death of another person 
244.13  because the actor is coerced by threats made by someone other 
244.14  than the actor's coconspirator, which cause the actor reasonably 
244.15  to believe that the act performed by the actor is the only means 
244.16  of preventing imminent death to the actor or another; 
244.17     (e) proximately causes the death of another, without intent 
244.18  to cause death by, directly or indirectly, unlawfully selling, 
244.19  giving away, bartering, delivering, exchanging, distributing, or 
244.20  administering a controlled substance classified in schedule III, 
244.21  IV, or V; or 
244.22     (f) causes the death of another in committing or attempting 
244.23  to commit a violation of section 609D.33 (malicious punishment 
244.24  of a child), and murder in the first, second, or third degree is 
244.25  not committed thereby. 
244.26     Sec. 9.  [609C.155] [MANSLAUGHTER IN THE SECOND DEGREE.] 
244.27     Subdivision 1.  [PENALTY.] Whoever causes the death of 
244.28  another by any of the following means is guilty of manslaughter 
244.29  in the second degree and may be sentenced to imprisonment for 
244.30  not more than ten years or to payment of a fine of not more than 
244.31  $20,000, or both: 
244.32     (a) by the person's culpable negligence whereby the person 
244.33  creates an unreasonable risk, and consciously takes chances of 
244.34  causing death or great bodily harm to another; 
244.35     (b) by shooting another with a firearm or other dangerous 
244.36  weapon as a result of negligently believing the other to be a 
245.1   deer or other animal; 
245.2      (c) by setting a spring gun, pit fall, deadfall, snare, or 
245.3   other like dangerous weapon or device; 
245.4      (d) by negligently or intentionally permitting any animal, 
245.5   known by the person to have vicious propensities or to have 
245.6   caused great or substantial bodily harm in the past, to run 
245.7   uncontrolled off the owner's premises, or negligently failing to 
245.8   keep it properly confined; or 
245.9      (e) by committing, or attempting to commit, a violation of 
245.10  609D.31 (neglecting or endangering child), and murder in the 
245.11  first, second, or third degree is not committed thereby. 
245.12     Subd. 2.  [DANGEROUS ANIMAL.] (a) If proven by a 
245.13  preponderance of the evidence, it is an affirmative defense to 
245.14  criminal liability under subdivision 1, paragraph (d), that the 
245.15  victim provoked the animal to cause the victim's death. 
245.16     (b) Section 609D.89 (dangerous animal destroyed) applies 
245.17  when a person is charged with a violation of subdivision 1, 
245.18  paragraph (d). 
245.19     Sec. 10.  [609C.17] [AIDING SUICIDE.] 
245.20     Whoever intentionally advises, encourages, or assists 
245.21  another in taking the other's own life may be sentenced as 
245.22  provided in section 609C.175.  
245.23     Sec. 11.  [609C.175] [FELONY AIDING SUICIDE.] 
245.24     Whoever violates section 609C.17 may be sentenced to 
245.25  imprisonment for not more than 15 years or to payment of a fine 
245.26  of not more than $30,000, or both. 
245.27     Sec. 12.  [609C.18] [AIDING ATTEMPTED SUICIDE.] 
245.28     Whoever intentionally advises, encourages, or assists 
245.29  another who attempts but fails to take the other's own life may 
245.30  be sentenced as provided in section 609C.185.  
245.31     Sec. 13.  [609C.185] [FELONY AIDING ATTEMPTED SUICIDE.] 
245.32     Whoever violates section 609C.18 may be sentenced to 
245.33  imprisonment for not more than seven years or to payment of a 
245.34  fine of not more than $14,000, or both.  
245.35     Sec. 14.  [609C.19] [OTHER PROVISIONS REGARDING SUICIDE.] 
245.36     Subdivision 1.  [ACTS OR OMISSIONS NOT CONSIDERED AIDING 
246.1   SUICIDE OR AIDING ATTEMPTED SUICIDE.] (a) A health care 
246.2   provider, as defined in section 145B.02, subdivision 6, who 
246.3   administers, prescribes, or dispenses medications or procedures 
246.4   to relieve another person's pain or discomfort, even if the 
246.5   medication or procedure may hasten or increase the risk of 
246.6   death, does not violate section 609C.17 (aiding suicide) or 
246.7   609C.18 (aiding attempted suicide) unless the medications or 
246.8   procedures are knowingly administered, prescribed, or dispensed 
246.9   to cause death. 
246.10     (b) A health care provider, as defined in section 145B.02, 
246.11  subdivision 6, who withholds or withdraws a life-sustaining 
246.12  procedure in compliance with chapter 145B (living will) or in 
246.13  accordance with reasonable medical practice does not violate 
246.14  section 609C.17 or 609C.18.  
246.15     Subd. 2.  [INJUNCTIVE RELIEF.] A cause of action for 
246.16  injunctive relief may be maintained against any person who is 
246.17  reasonably believed to be about to violate or who is in the 
246.18  course of violating section 609C.17 or 609C.18 by any person who 
246.19  is: 
246.20     (a) the spouse, parent, child, or sibling of the person who 
246.21  would commit suicide; 
246.22     (b) an heir or a beneficiary under a life insurance policy 
246.23  of the person who would commit suicide; 
246.24     (c) a health care provider of the person who would commit 
246.25  suicide; 
246.26     (d) a person authorized to prosecute or enforce the laws of 
246.27  this state; or 
246.28     (e) a legally appointed guardian or conservator of the 
246.29  person who would have committed suicide.  
246.30     Subd. 3.  [CIVIL DAMAGES.] A person given standing by 
246.31  subdivision 2, paragraph (a), (b), or (c), or the person who 
246.32  would have committed suicide, in the case of an attempt, may 
246.33  maintain a cause of action against any person who violates or 
246.34  who attempts to violate section 609C.17 or 609C.18 for 
246.35  compensatory damages and punitive damages as provided in section 
246.36  549.20.  A person described in subdivision 2, paragraph (d), may 
247.1   maintain a cause of action against a person who violates or 
247.2   attempts to violate section 609C.17 or 609C.18 for a civil 
247.3   penalty of up to $50,000 on behalf of the state.  An action 
247.4   under this subdivision may be brought whether or not the 
247.5   plaintiff had prior knowledge of the violation or attempt.  
247.6      Subd. 4.  [ATTORNEY FEES.] Reasonable attorney fees shall 
247.7   be awarded to the prevailing plaintiff in a civil action brought 
247.8   under subdivision 2 or 3.  
247.9                               ASSAULT 
247.10     Sec. 15.  [609C.21] [ASSAULT.] 
247.11     Whoever does any of the following is guilty of an assault 
247.12  and may be sentenced as provided in sections 609C.211 to 
247.13  609C.219: 
247.14     (a) commits an act with intent to cause fear in another of 
247.15  immediate bodily harm or death; 
247.16     (b) intentionally inflicts or attempts to inflict bodily 
247.17  harm upon another; or 
247.18     (c) subject to section 609C.12 (prosecution for murder by 
247.19  infliction of disease), engages in behavior that has been 
247.20  demonstrated epidemiologically to be a mode of direct 
247.21  transmission of an infectious agent that causes a serious 
247.22  communicable disease, if the perpetrator knowingly harbors an 
247.23  infectious agent and the behavior involves: 
247.24     (1) sexual penetration of the victim without the use of a 
247.25  latex or other effective barrier and without having first 
247.26  informed the victim that the perpetrator has a communicable 
247.27  disease; 
247.28     (2) transfer of blood, sperm, organs, or tissue, except as 
247.29  deemed necessary for medical research or if disclosed on donor 
247.30  screening forms; or 
247.31     (3) sharing of nonsterile syringes or needles for the 
247.32  purpose of injecting drugs. 
247.33     Sec. 16.  [609C.211] [FIRST DEGREE FELONY ASSAULT.] 
247.34     Whoever assaults another and inflicts great bodily harm may 
247.35  be sentenced to imprisonment for not more than 20 years or to 
247.36  payment of a fine of not more than $40,000, or both.  
248.1      Sec. 17.  [609C.212] [SECOND DEGREE FELONY ASSAULT.] 
248.2      Whoever assaults another with a dangerous weapon and 
248.3   inflicts substantial bodily harm may be sentenced to 
248.4   imprisonment for not more than ten years or to payment of a fine 
248.5   of not more than $20,000, or both.  
248.6      Sec. 18.  [609C.213] [THIRD DEGREE FELONY ASSAULT.] 
248.7      Whoever assaults another with a dangerous weapon may be 
248.8   sentenced to imprisonment for not more than seven years or to 
248.9   payment of a fine of not more than $14,000, or both. 
248.10     Sec. 19.  [609C.214] [FOURTH DEGREE FELONY ASSAULT.] 
248.11     Subdivision 1.  [GENERALLY.] A person who assaults another 
248.12  may be sentenced to imprisonment for not more than five years or 
248.13  to payment of a fine of not more than $10,000, or both if: 
248.14     (a) the person inflicts substantial bodily harm; 
248.15     (b) the victim is a minor and the person has engaged in a 
248.16  past pattern of child abuse against the victim; 
248.17     (c) the victim is under the age of four, and the person 
248.18  causes bodily harm to the victim's head, eyes, or neck, or 
248.19  otherwise causes multiple bruises to the body; 
248.20     (d) the person commits the assault within three years after 
248.21  the first of two or more previous convictions of assault or of 
248.22  violation of section 609D.61 (terroristic conduct); or 
248.23     (e) the person commits the assault within five years after 
248.24  discharge from sentence for the first of two or more previous 
248.25  convictions of assault or of violation of sections 609C.511 to 
248.26  609C.517 (first to fourth degree criminal sexual conduct) or 
248.27  609D.61 (terroristic conduct), and the assault is against the 
248.28  same victim.  
248.29     Subd. 2.  [REPEAT DOMESTIC ASSAULT.] A person who assaults 
248.30  a family or household member may be sentenced to imprisonment 
248.31  for not more than five years or to payment of a fine of not more 
248.32  than $10,000, or both if the person commits the assault within 
248.33  five years after discharge from sentence for the first of two or 
248.34  more previous convictions of assault or of violation of sections 
248.35  609C.511 to 609C.517 (first to fourth degree criminal sexual 
248.36  conduct) or 609D.61 (terroristic conduct), and the assault is 
249.1   against the same victim.  
249.2      Subd. 3.  [MINIMUM FOR REPEAT DOMESTIC ASSAULT.] (a) Except 
249.3   as otherwise provided in paragraph (b), in determining an 
249.4   appropriate disposition for felony domestic assault under 
249.5   subdivision 2, the court shall presume that a stay of execution 
249.6   with at least a 45-day period of incarceration as a condition of 
249.7   probation shall be imposed.  If the court imposes a stay of 
249.8   execution with a period of incarceration as a condition of 
249.9   probation, at least 15 days must be served consecutively. 
249.10     (b) If the defendant's criminal history score, determined 
249.11  according to the sentencing guidelines, indicates a presumptive 
249.12  executed sentence, that sentence shall be imposed unless the 
249.13  court departs from the sentencing guidelines pursuant to section 
249.14  244.10.  A stay of imposition of sentence under this paragraph 
249.15  may be granted only if accompanied by a statement on the record 
249.16  of the reasons for it. 
249.17     Sec. 20.  [609C.215] [FIFTH DEGREE FELONY ASSAULT.] 
249.18     Whoever assaults another and inflicts demonstrable bodily 
249.19  harm may be sentenced to imprisonment for not more than two 
249.20  years or to payment of a fine of not more than $4,000, or both 
249.21  if the victim is: 
249.22     (a) a peace officer licensed under section 626.845, 
249.23  subdivision 1, who is effecting a lawful arrest or executing any 
249.24  other duty imposed by law; 
249.25     (b) an employee of a correctional facility as defined in 
249.26  section 241.021, subdivision 1, clause (5), who is engaged in 
249.27  the performance of a duty imposed by law, policy or rule; 
249.28     (c) a member of a municipal or volunteer fire department or 
249.29  emergency medical services personnel unit in the performance of 
249.30  the member's duties; or 
249.31     (d) a physician, nurse, or other person providing health 
249.32  care services in a hospital emergency department.  
249.33     Sec. 21.  [609C.216] [SIXTH DEGREE FELONY ASSAULT.] 
249.34     Whoever assaults another because of the victim's or 
249.35  another's actual or perceived race, color, religion, sex, sexual 
249.36  orientation, disability as defined in section 363.01 (human 
250.1   rights), age, or national origin, within five years after a 
250.2   previous conviction under this section or section 609C.217, 
250.3   subdivision 1, paragraph (a) (assault motivated by bias), may be 
250.4   sentenced to imprisonment for not more than one year and a day 
250.5   or to payment of a fine of not more than $3,000, or both.  
250.6      Sec. 22.  [609C.217] [GROSS MISDEMEANOR ASSAULT.] 
250.7      Subdivision 1.  [PENALTY GENERALLY.] A person who assaults 
250.8   another is guilty of a gross misdemeanor if: 
250.9      (a) the person assaults the victim because of the victim's 
250.10  or another's actual or perceived race, color, religion, sex, 
250.11  sexual orientation, disability as defined in section 363.01 
250.12  (human rights), age, or national origin; 
250.13     (b) the person is a vulnerable-adult caregiver who is an 
250.14  individual and the victim is a vulnerable adult; 
250.15     (c) the person within five years after discharge from 
250.16  sentence for a conviction of assault or of violation of sections 
250.17  609C.511 to 609C.517 (first to fourth degree criminal sexual 
250.18  conduct) or 609D.61 (terroristic conduct), or any similar law of 
250.19  another state, assaults the same victim; or 
250.20     (d) the person commits the assault within two years after a 
250.21  previous conviction of assault or of violation of section 
250.22  609D.61 (terroristic conduct). 
250.23     Subd. 2.  [PENALTY FOR DOMESTIC ASSAULT.] A person is 
250.24  guilty of a gross misdemeanor if the person assaults a family or 
250.25  household member within five years after discharge from sentence 
250.26  for a conviction of one of the following crimes against a family 
250.27  or household member: 
250.28     (a) assault; or 
250.29     (b) violation of sections 609C.511 to 609C.517 (first to 
250.30  fourth degree criminal sexual conduct) or 609D.61 (terroristic 
250.31  conduct). 
250.32     Subd. 3.  [MINIMUM FOR REPEAT DOMESTIC ASSAULT.] A person 
250.33  convicted of gross misdemeanor domestic assault under 
250.34  subdivision 2 shall be sentenced to a minimum of 20 days 
250.35  incarceration, at least 96 hours of which must be served 
250.36  consecutively.  The court may stay execution of the minimum 
251.1   sentence required under this subdivision on the condition that 
251.2   the person sentenced complete anger therapy or counseling and 
251.3   fulfill any other condition, as ordered by the court.  However, 
251.4   the court shall revoke the stay of execution and direct the 
251.5   person to be taken into immediate custody if it appears that the 
251.6   person failed to attend or complete the ordered therapy or 
251.7   counseling, or violated any other condition of the stay of 
251.8   execution.  If the court finds at the revocation hearing 
251.9   required under section 609A.83, subdivision 2, that the person 
251.10  failed to attend or complete the ordered therapy, or violated 
251.11  any other condition of the stay of execution, the court shall 
251.12  order execution of the sentence previously imposed.  
251.13     Sec. 23.  [609C.218] [FIRST DEGREE MISDEMEANOR ASSAULT.] 
251.14     A person who assaults another is guilty of a first degree 
251.15  misdemeanor if the person inflicts demonstrable bodily harm and 
251.16  the victim is: 
251.17     (a) an agricultural inspector, child protection worker, 
251.18  public health nurse, or probation or parole officer while: 
251.19     (1) the employee is engaged in the performance of a duty 
251.20  mandated by law, court order, or ordinance; and 
251.21     (2) the assailant knows that the victim is a public 
251.22  employee engaged in the performance of the official public 
251.23  duties of the office; 
251.24     (b) an employee of the department of natural resources who 
251.25  is engaged in forest fire activities; or 
251.26     (c) a teacher, school administrator, or other employee of a 
251.27  public or private school who is acting in the performance of the 
251.28  employee's duties. 
251.29     Sec. 24.  [609C.219] [SECOND DEGREE MISDEMEANOR ASSAULT.] 
251.30     Subdivision 1.  [PENALTY GENERALLY.] Except as provided in 
251.31  sections 609C.211 to 609C.218, whoever commits an assault is 
251.32  guilty of a second degree misdemeanor.  
251.33     Subd. 2.  [PENALTY FOR DOMESTIC ASSAULT.] Except as 
251.34  provided in sections 609C.211 to 609C.218, whoever assaults a 
251.35  family or household member is guilty of a second degree 
251.36  misdemeanor. 
252.1      Sec. 25.  [609C.23] [PROSECUTION FOR ASSAULT BY INFLICTION 
252.2   OF DISEASE.] 
252.3      Subdivision 1.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
252.4   defense to prosecution under section 609C.21, paragraph (c) 
252.5   (inflicting disease), if it is proven by a preponderance of the 
252.6   evidence, that the person who knowingly harbors an infectious 
252.7   agent for a communicable disease: 
252.8      (a) took practical means to prevent transmission as advised 
252.9   by a physician or other health professional; or 
252.10     (b) is a health care provider who was following 
252.11  professionally accepted infection control procedures.  
252.12     Subd. 2.  [INAPPLICABILITY TO OTHER PROSECUTIONS.] Nothing 
252.13  in this section shall be construed to be a defense to a criminal 
252.14  prosecution that does not allege a violation of section 609C.21, 
252.15  paragraph (c). 
252.16     Subd. 3.  [HEALTH DEPARTMENT DATA.] In a prosecution under 
252.17  section 609C.21, paragraph (c), data protected by section 13.38 
252.18  (health data) and information collected as part of a health 
252.19  department investigation under sections 144.4171 to 144.4186 
252.20  (health threat procedures) may not be accessed or subpoenaed by 
252.21  law enforcement authorities or prosecutors without the consent 
252.22  of the subject of the data. 
252.23                           DOMESTIC ABUSE 
252.24     Sec. 26.  [609C.31] [VIOLATION OF ORDER FOR PROTECTION.] 
252.25     Subdivision 1.  [UNLAWFUL CONDUCT] Whenever an order for 
252.26  protection is granted pursuant to section 518B.01, and the 
252.27  respondent or person to be restrained knows of the order, 
252.28  violation of the order for protection is a crime punishable 
252.29  under sections 609C.313 and 609C.315. 
252.30     Subd. 2.  [ARREST UPON PROBABLE CAUSE.] A peace officer 
252.31  shall arrest without a warrant and take into custody a person 
252.32  whom the peace officer has probable cause to believe has 
252.33  violated an order granted pursuant to section 518B.01 
252.34  restraining the person or excluding the person from the 
252.35  residence or the petitioner's place of employment, even if the 
252.36  violation of the order did not take place in the presence of the 
253.1   peace officer, if the existence of the order can be verified by 
253.2   the officer.  The person shall be held in custody for at least 
253.3   36 hours, excluding the day of arrest, Sundays, and holidays, 
253.4   unless the person is released earlier by a judge or judicial 
253.5   officer. 
253.6      Subd. 3.  [IMMUNITY FROM LIABILITY.] A peace officer acting 
253.7   in good faith and exercising due care in making an arrest 
253.8   pursuant to subdivision 2 is immune from civil liability that 
253.9   might result from the officer's actions. 
253.10     Subd. 4.  [IMMUNITY FROM PROSECUTION.] A peace officer is 
253.11  not liable under section 609K.25 (misconduct of public officer), 
253.12  for a failure to perform a duty required by subdivision 2. 
253.13     Sec. 27.  [609C.313] [GROSS MISDEMEANOR VIOLATION OF ORDER 
253.14  FOR PROTECTION.] 
253.15     Subdivision 1.  [PENALTY.] A person is guilty of a gross 
253.16  misdemeanor if the person violates section 609C.31 within five 
253.17  years after discharge from sentence for a conviction under: 
253.18     (a) sections 609C.21 (assault); 609C.31 (violation of order 
253.19  for protection); 609D.61 (terroristic conduct); 609D.63 
253.20  (harassment); or 609D.69, subdivision 10, paragraph (a) 
253.21  (violation of harassment restraining order); or 
253.22     (b) a similar law of another state.  
253.23     Subd. 2.  [MINIMUM SENTENCE.] Upon conviction under this 
253.24  section, the defendant must be sentenced to a minimum of ten 
253.25  days imprisonment and must be ordered to participate in 
253.26  counseling or other appropriate programs selected by the court.  
253.27  Notwithstanding section 609A.65 (stay of sentence), the court 
253.28  must impose and execute the minimum sentence provided in this 
253.29  subdivision for a gross misdemeanor conviction.  
253.30     Sec. 28.  [609C.315] [SECOND DEGREE MISDEMEANOR VIOLATION 
253.31  OF ORDER FOR PROTECTION.] 
253.32     Subdivision 1.  [PENALTY.] Except as provided in section 
253.33  609C.313, whoever violates section 609C.31 is guilty of a second 
253.34  degree misdemeanor. 
253.35     Subd. 2.  [MINIMUM SENTENCE.] Upon conviction, the 
253.36  defendant must be sentenced to a minimum of three days 
254.1   incarceration and must be ordered to participate in counseling 
254.2   or other appropriate programs selected by the court.  If the 
254.3   court stays imposition or execution of the jail sentence and the 
254.4   defendant refuses or fails to comply with the court's treatment 
254.5   order, the court must impose and execute the stayed jail 
254.6   sentence. 
254.7      Sec. 29.  [609C.33] [DOMESTIC ABUSE ASSESSMENT.] 
254.8      Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT.] A domestic 
254.9   abuse assessment must be conducted and an assessment report 
254.10  submitted to the court by the county agency responsible for 
254.11  administering the assessment when: 
254.12     (a) a defendant is convicted of domestic abuse; or 
254.13     (b) a defendant is arrested for committing domestic abuse, 
254.14  but is convicted of another offense arising out of the same 
254.15  circumstances surrounding the arrest.  
254.16     Subd. 2.  [REPORT.] (a) The assessment report must contain 
254.17  an evaluation of the convicted defendant including the 
254.18  circumstances of the offense, impact on the victim, the 
254.19  defendant's prior record, characteristics and history of alcohol 
254.20  and chemical use problems, and amenability to domestic abuse 
254.21  counseling programs.  The report is classified as private data 
254.22  on individuals as defined in section 13.02, subdivision 12. 
254.23     (b) The assessment report must include: 
254.24     (1) a recommendation on any limitations on contact with the 
254.25  victim; 
254.26     (2) a recommendation for the defendant to enter and 
254.27  successfully complete domestic abuse counseling and any 
254.28  aftercare found necessary by the assessment; 
254.29     (3) a recommendation for chemical dependency evaluation and 
254.30  treatment as determined by the evaluation whenever alcohol or 
254.31  drugs were found to be a contributing factor to the offense; 
254.32     (4) recommendations for other appropriate remedial action 
254.33  or care, which may consist of educational programs, one-on-one 
254.34  counseling, a program or type of treatment that addresses mental 
254.35  health concerns, or a specific explanation why no level of care 
254.36  or action is recommended; and 
255.1      (5) consequences for failure to abide by conditions set up 
255.2   by the court.  
255.3      Subd. 3.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
255.4   LIMITS.] A domestic abuse assessment required by this section 
255.5   must be conducted by an assessor approved by the court, the 
255.6   local corrections department, or the commissioner of 
255.7   corrections.  The assessor shall have access to any police 
255.8   reports, or other law enforcement data relating to the current 
255.9   offense or previous offenses that are necessary to complete the 
255.10  evaluation.  An assessor providing an assessment under this 
255.11  section may not have any direct or shared financial interest or 
255.12  referral relationship resulting in shared financial gain with a 
255.13  treatment provider.  An appointment for the defendant to undergo 
255.14  the assessment shall be made by the court, a court services 
255.15  probation officer, or court administrator as soon as possible 
255.16  but in no case more than one week after the defendant's court 
255.17  appearance.  The assessment must be completed no later than 
255.18  three weeks after the defendant's court date.  
255.19     Subd. 4.  [DOMESTIC ABUSE ASSESSMENT FEE.] When the court 
255.20  sentences a person convicted of an offense described in section 
255.21  609C.31, the court shall impose a domestic abuse assessment fee 
255.22  of $125.  This fee must be imposed whether the sentence is 
255.23  executed, stayed, or suspended.  The court may not waive payment 
255.24  or authorize payment of the fee in installments unless it makes 
255.25  written findings on the record that the convicted person is 
255.26  indigent or that the fee would create undue hardship for the 
255.27  convicted person or that person's immediate family.  The person 
255.28  convicted of the offense and ordered to pay the fee shall pay 
255.29  the fee to the county corrections department or other designated 
255.30  agencies conducting the assessment.  
255.31     Sec. 30.  [609C.35] [DETERMINATION REGARDING FIREARM UPON 
255.32  ASSAULT OR ORDER-FOR-PROTECTION CONVICTION.] 
255.33     Subdivision 1.  [DETERMINATION AND FINDINGS.] When a person 
255.34  is convicted of assault or violation of an order for protection, 
255.35  the court shall determine and make written findings on the 
255.36  record as to whether: 
256.1      (a) the defendant owns or possesses a firearm; 
256.2      (b) the firearm was used in any way during the commission 
256.3   of the assault; and 
256.4      (c) the assault was committed against a family or household 
256.5   member. 
256.6      Subd. 2.  [FORFEITURE ORDER.] If the defendant was 
256.7   convicted of an assault that the court determines that was 
256.8   committed against a family or household member or if the 
256.9   defendant was convicted of violating an order for protection, 
256.10  and the court determines that the defendant owns or possesses a 
256.11  firearm and used it in any way during the commission of the 
256.12  offense, it shall order that the firearm be summarily forfeited 
256.13  under section 609M.37, subdivision 3. 
256.14     Subd. 3.  [ORDER PROHIBITING POSSESSION OF FIREARM.] When a 
256.15  person is convicted of assaulting a family or household member 
256.16  or violating an order for protection and is determined by the 
256.17  court to have used a firearm in any way during commission of the 
256.18  offense, the court may order that the person is prohibited from 
256.19  possessing any type of firearm for any period longer than three 
256.20  years or for the remainder of the person's life. 
256.21     Subd. 4.  [INFORMING DEFENDANT OF PISTOL OR FIREARM 
256.22  PROHIBITION.] (a) When a person is convicted of assault and the 
256.23  court determines that the victim was a family or household 
256.24  member, the court shall inform the defendant as provided in 
256.25  section 609E.82, subdivision 9, paragraph (d), of the 
256.26  prohibition in section 609E.82, subdivision 1, paragraph (c), or 
256.27  subdivision 4, paragraph (b). 
256.28     (b) When a person is convicted of violating an order for 
256.29  protection, the court shall inform the defendant as provided in 
256.30  section 609E.82, subdivision 9, paragraph (d), of the 
256.31  prohibition in section 609E.82, subdivision 1, paragraph (d), 
256.32  clause (1), or subdivision 4, paragraph (b).  
256.33     Sec. 31.  [609C.37] [TRESPASS ON BATTERED WOMEN FACILITY.] 
256.34     Whoever trespasses upon the grounds of a facility providing 
256.35  emergency shelter services for battered women, as defined under 
256.36  section 611A.31, subdivision 3, or of a facility providing 
257.1   transitional housing for battered women and their children, 
257.2   without claim of right or consent of one who has right to give 
257.3   consent, and refuses to depart from the grounds of the facility 
257.4   on demand of one who has right to give consent is guilty of 
257.5   trespass on battered women facility.  
257.6      Sec. 32.  [609C.375] [GROSS MISDEMEANOR TRESPASS ON 
257.7   BATTERED WOMEN FACILITY.] 
257.8      Whoever violates section 609C.37 is guilty of a gross 
257.9   misdemeanor. 
257.10                   CRIMES AGAINST UNBORN CHILDREN 
257.11     Sec. 33.  [609C.41] [MURDER OF UNBORN CHILD.] 
257.12     Whoever causes the death of an unborn child in violation of 
257.13  sections 609C.413 to 609C.417 is guilty of murder of an unborn 
257.14  child and may be sentenced as provided in sections 609C.413 to 
257.15  609C.417. 
257.16     Sec. 34.  [609C.413] [MURDER OF UNBORN CHILD IN THE FIRST 
257.17  DEGREE.] 
257.18     Whoever does any of the following is guilty of murder of an 
257.19  unborn child in the first degree and must be sentenced to 
257.20  imprisonment for life: 
257.21     (a) causes the death of an unborn child with premeditation 
257.22  and with intent to effect the death of the unborn child or of 
257.23  another; 
257.24     (b) causes the death of an unborn child while committing or 
257.25  attempting to commit criminal sexual conduct in the first or 
257.26  second degree with force or violence, either upon or affecting 
257.27  the mother of the unborn child or another; or 
257.28     (c) causes the death of an unborn child with intent to 
257.29  effect the death of the unborn child or another while committing 
257.30  or attempting to commit burglary, aggravated robbery, 
257.31  kidnapping, arson in the first or second degree, tampering with 
257.32  a witness in the first degree, or escape from custody. 
257.33     Sec. 35.  [609C.415] [MURDER OF UNBORN CHILD IN THE SECOND 
257.34  DEGREE.] 
257.35     Whoever does either of the following is guilty of murder of 
257.36  an unborn child in the second degree and may be sentenced to 
258.1   imprisonment for not more than 40 years: 
258.2      (a) causes the death of an unborn child with intent to 
258.3   effect the death of that unborn child or another, but without 
258.4   premeditation; or 
258.5      (b) causes the death of an unborn child, without intent to 
258.6   effect the death of any unborn child or person, while committing 
258.7   or attempting to commit a felony offense other than criminal 
258.8   sexual conduct in the first or second degree with force or 
258.9   violence. 
258.10     Sec. 36.  [609C.417] [MURDER OF UNBORN CHILD IN THE THIRD 
258.11  DEGREE.] 
258.12     Whoever, without intent to effect the death of any unborn 
258.13  child or person, causes the death of an unborn child by 
258.14  perpetrating an act eminently dangerous to others and evincing a 
258.15  depraved mind, without regard for human or fetal life, is guilty 
258.16  of murder of an unborn child in the third degree and may be 
258.17  sentenced to imprisonment for not more than 25 years. 
258.18     Sec. 37.  [609C.43] [MANSLAUGHTER OF UNBORN CHILD.] 
258.19     Whoever causes the death of an unborn child in violation of 
258.20  section 609C.433 or 609C.435 is guilty of manslaughter of an 
258.21  unborn child and may be sentenced as provided in section 
258.22  609C.433 or 609C.435. 
258.23     Sec. 38.  [609C.433] [MANSLAUGHTER OF UNBORN CHILD IN THE 
258.24  FIRST DEGREE.] 
258.25     Whoever does any of the following is guilty of manslaughter 
258.26  of an unborn child in the first degree and may be sentenced to 
258.27  imprisonment for not more than 15 years or to payment of a fine 
258.28  of not more than $30,000, or both: 
258.29     (a) intentionally causes the death of an unborn child in 
258.30  the heat of passion provoked by such words or acts of another as 
258.31  would provoke a person of ordinary self-control under like 
258.32  circumstances; 
258.33     (b) causes the death of an unborn child in committing or 
258.34  attempting to commit a misdemeanor or gross misdemeanor offense 
258.35  with such force or violence that death of or great bodily harm 
258.36  to any person or unborn child was reasonably foreseeable, and 
259.1   murder of an unborn child in the first or second degree was not 
259.2   committed thereby; or 
259.3      (c) intentionally causes the death of an unborn child 
259.4   because the actor is coerced by threats made by someone other 
259.5   than the actor's coconspirator and which cause the actor to 
259.6   reasonably believe that the act performed by the actor is the 
259.7   only means of preventing imminent death to the actor or another. 
259.8      Sec. 39.  [609C.435] [MANSLAUGHTER OF AN UNBORN CHILD IN 
259.9   THE SECOND DEGREE.] 
259.10     Subdivision 1.  [PENALTY.] A person who causes the death of 
259.11  an unborn child by any of the following means is guilty of 
259.12  manslaughter of an unborn child in the second degree and may be 
259.13  sentenced to imprisonment for not more than ten years or to 
259.14  payment of a fine of not more than $20,000, or both: 
259.15     (a) by the actor's culpable negligence whereby the actor 
259.16  creates an unreasonable risk and consciously takes chances of 
259.17  causing death or great bodily harm to an unborn child or a 
259.18  person; 
259.19     (b) by shooting the mother of the unborn child with a 
259.20  firearm or other dangerous weapon as a result of negligently 
259.21  believing her to be a deer or other animal; 
259.22     (c) by setting a spring gun, pit fall, deadfall, snare, or 
259.23  other like dangerous weapon or device; or 
259.24     (d) by negligently or intentionally permitting any animal, 
259.25  known by the person to have vicious propensities or to have 
259.26  caused great or substantial bodily harm in the past, to run 
259.27  uncontrolled off the owner's premises, or negligently failing to 
259.28  keep it properly confined. 
259.29     Subd. 2.  [AFFIRMATIVE DEFENSE.] If proven by a 
259.30  preponderance of the evidence, it shall be an affirmative 
259.31  defense to criminal liability under subdivision 1, paragraph 
259.32  (d), that the mother of the unborn child provoked the animal to 
259.33  cause the unborn child's death. 
259.34     Sec. 40.  [609C.45] [ASSAULT OF UNBORN CHILD.] 
259.35     Whoever does any of the following is guilty of assault of 
259.36  an unborn child and may be sentenced as provided in sections 
260.1   609C.453 to 609C.459: 
260.2      (a) assaults a pregnant woman and in doing so inflicts or 
260.3   attempts to inflict bodily harm to the unborn child who is 
260.4   subsequently born alive; or 
260.5      (b) commits an act with intent to cause a pregnant woman 
260.6   fear of bodily harm or death to the unborn child.  
260.7      Sec. 41.  [609C.453] [FIRST DEGREE FELONY ASSAULT OF UNBORN 
260.8   CHILD.] 
260.9      Whoever assaults a pregnant woman and inflicts great bodily 
260.10  harm on an unborn child who is subsequently born alive may be 
260.11  sentenced to imprisonment for not more than 15 years or to 
260.12  payment of a fine of not more than $30,000, or both.  
260.13     Sec. 42.  [609C.455] [SECOND DEGREE FELONY ASSAULT OF 
260.14  UNBORN CHILD.] 
260.15     Subdivision 1.  [PENALTY.] Whoever assaults a pregnant 
260.16  woman and inflicts substantial bodily harm on an unborn child 
260.17  who is subsequently born alive may be sentenced to imprisonment 
260.18  for not more than five years or to payment of a fine of not more 
260.19  than $10,000, or both.  
260.20     Subd. 2.  [SPECIAL DEFINITION OF SUBSTANTIAL BODILY HARM.] 
260.21  As used in this section, "substantial bodily harm" includes the 
260.22  birth of the unborn child prior to 37 weeks gestation if the 
260.23  child weighs 2,500 grams or less at the time of birth. 
260.24  "Substantial bodily harm" does not mean the inducement of the 
260.25  unborn child's birth when done for bona fide medical purposes. 
260.26     Sec. 43.  [609C.457] [SECOND DEGREE MISDEMEANOR ASSAULT OF 
260.27  UNBORN CHILD.] 
260.28     Whoever does any of the following is guilty of a second 
260.29  degree misdemeanor: 
260.30     (a) commits an act with intent to cause a pregnant woman to 
260.31  fear immediate bodily harm or death to her unborn child; or 
260.32     (b) intentionally inflicts or attempts to inflict bodily 
260.33  harm on an unborn child who is subsequently born alive. 
260.34     Sec. 44.  [609C.47] [CAUSING DEATH OR INJURY TO UNBORN 
260.35  CHILD IN COMMISSION OF CRIME.] 
260.36     Subdivision 1.  [DEATH OF UNBORN CHILD.] A person is guilty 
261.1   of causing death of unborn child in commission of crime and may 
261.2   be punished as provided in section 609C.473 if the person causes 
261.3   the death of an unborn child: 
261.4      (a) in the commission of a felony other than a violation of 
261.5   sections 169B.111 to 169B.113 (criminal vehicular operation), 
261.6   169C.111 to 169C.113 (felony gross negligence), 609C.11 to 
261.7   609C.155 (murder or manslaughter), 609C.211 to 609C.216 (felony 
261.8   assault), or 609C.41 to 609C.435 (murder or manslaughter of 
261.9   unborn child); or 
261.10     (b) in a violation of sections 609C.217 to 609C.219 (gross 
261.11  misdemeanor or first or second degree misdemeanor assault), 
261.12  609D.41 to 609D.45 (mistreating resident or patient, criminal 
261.13  abuse, or criminal neglect), or 609D.51 (mistreating person 
261.14  confined).  
261.15     Subd. 2.  [INJURY TO UNBORN CHILD.] A person is guilty of 
261.16  causing death of unborn child in commission of crime and may be 
261.17  punished as provided in section 609C.475 if the person causes 
261.18  the death of an unborn child: 
261.19     (a) in the commission of a felony other than a violation of 
261.20  sections 169B.111 to 169B.113 (criminal vehicular operation), 
261.21  169C.111 to 169C.113 (felony gross negligence), 609C.211 to 
261.22  609C.216 (felony assault), or 609C.453 to 609C.455 (felony 
261.23  assault of unborn child); or 
261.24     (b) in a violation of sections 609D.41 to 609D.45 
261.25  (mistreating resident or patient, criminal abuse, or criminal 
261.26  neglect) or section 609D.51 (mistreating person confined). 
261.27     Sec. 45.  [609C.473] [FIRST DEGREE FELONY CAUSING DEATH OF 
261.28  UNBORN CHILD IN COMMISSION OF CRIME.] 
261.29     Whoever violates section 609C.47, subdivision 1, may be 
261.30  sentenced to imprisonment for not more than 15 years or to 
261.31  payment of a fine of not more than $30,000, or both.  
261.32     Sec. 46.  [609C.475] [SECOND DEGREE FELONY CAUSING INJURY 
261.33  TO UNBORN CHILD IN COMMISSION OF CRIME.] 
261.34     Whoever violates section 609C.47, subdivision 2, may be 
261.35  sentenced to imprisonment for not more than ten years or to 
261.36  payment of a fine of not more than $20,000, or both.  
262.1      Sec. 47.  [609C.48] [CRIME AGAINST UNBORN CHILD DOES NOT 
262.2   APPLY TO PREGNANT WOMAN OR ABORTION.] 
262.3      Sections 609C.41 to 609C.475 do not apply to: 
262.4      (a) the pregnant woman carrying the unborn child; or 
262.5      (b) any act described in section 145.412 (abortion). 
262.6      Sec. 48.  [609C.49] [OTHER CONVICTIONS NOT BARRED.] 
262.7      Notwithstanding section 609A.31 (crime punishable under 
262.8   different provisions), a prosecution for or conviction under 
262.9   sections 609C.41 to 609C.475 is not a bar to conviction of or 
262.10  punishment for any other crime committed by the defendant as 
262.11  part of the same conduct.  
262.12                      CRIMINAL SEXUAL CONDUCT 
262.13     Sec. 49.  [609C.50] [SPECIAL DEFINITIONS RELATING TO 
262.14  CRIMINAL SEXUAL CONDUCT.] 
262.15     Subdivision 1.  [TERMS.] For the purposes of sections 
262.16  609C.50 to 609C.67, unless the language or context clearly 
262.17  indicates that a different meaning is intended, the terms in 
262.18  this section have the meanings ascribed to them. 
262.19     Subd. 2.  [COERCION.] "Coercion" means words or 
262.20  circumstances that cause the complainant reasonably to fear that 
262.21  the actor will inflict bodily harm upon, or hold in confinement, 
262.22  the complainant or another, or force the complainant to submit 
262.23  to sexual penetration or contact.  Proof of coercion does not 
262.24  require proof of a specific act or threat. 
262.25     Subd. 3.  [CONSENT.] (a) "Consent" means words or overt 
262.26  actions by a person indicating a freely given present agreement 
262.27  to perform a particular sexual act with the actor.  Consent does 
262.28  not mean the existence of a prior or current social relationship 
262.29  between the actor and the complainant or that the complainant 
262.30  failed to resist a particular sexual act. 
262.31     (b) A person who is mentally incapacitated or physically 
262.32  helpless as defined by this section cannot consent to a sexual 
262.33  act. 
262.34     (c) Corroboration of the victim's testimony is not required 
262.35  to show lack of consent. 
262.36     Subd. 4.  [EMOTIONALLY DEPENDENT.] "Emotionally dependent" 
263.1   means that the nature of the former patient's emotional 
263.2   condition and the nature of the treatment provided by the 
263.3   psychotherapist are such that the psychotherapist knows or has 
263.4   reason to know that the former patient is unable to withhold 
263.5   consent to sexual contact or sexual penetration by the 
263.6   psychotherapist. 
263.7      Subd. 5.  [FORCE.] "Force" means the infliction, attempted 
263.8   infliction, or threatened infliction by the actor of bodily harm 
263.9   or commission or threat of any other crime by the actor against 
263.10  the complainant or another, which: 
263.11     (a) causes the complainant to reasonably believe that the 
263.12  actor has the present ability to execute the threat; and 
263.13     (b) if the actor does not have a significant relationship 
263.14  to the complainant, also causes the complainant to submit. 
263.15     Subd. 6.  [MENTALLY IMPAIRED.] "Mentally impaired" means 
263.16  lacking the judgment to give a reasoned consent to sexual 
263.17  contact or sexual penetration because of the person's 
263.18  inadequately developed or impaired intelligence or substantial 
263.19  psychiatric disorder of thought or mood. 
263.20     Subd. 7.  [MENTALLY INCAPACITATED.] "Mentally 
263.21  incapacitated" means lacking the judgment to give a reasoned 
263.22  consent to sexual contact or sexual penetration because the 
263.23  person is under the influence of alcohol, a narcotic, an 
263.24  anesthetic, or any other substance that was administered to that 
263.25  person without the person's agreement. 
263.26     Subd. 8.  [PATIENT.] "Patient" means a person who seeks or 
263.27  obtains psychotherapeutic services. 
263.28     Subd. 9.  [PHYSICALLY HELPLESS.] "Physically helpless" 
263.29  means that a person is asleep, unconscious, unable to withhold 
263.30  or withdraw consent because of a physical condition, or unable 
263.31  to communicate nonconsent, and the actor knows or reasonably 
263.32  should know of the condition. 
263.33     Subd. 10.  [POSITION OF AUTHORITY.] (a) "Position of 
263.34  authority" includes, but is not limited to, any person who is a 
263.35  parent or acting in the place of a parent and charged with any 
263.36  of a parent's rights, duties, or responsibilities to a child, or 
264.1   a person who is charged with any duty or responsibility for the 
264.2   health, welfare, or supervision of a child, either independently 
264.3   or through another, no matter how brief, at the time of the act. 
264.4      (b) For the purposes of the definition of "sexual contact," 
264.5   "position of authority" includes a psychotherapist. 
264.6      Subd. 11.  [PSYCHOTHERAPIST.] "Psychotherapist" means: 
264.7      (a) a person who is or purports to be a physician, 
264.8   psychologist, nurse, chemical dependency counselor, social 
264.9   worker, marriage and family counselor, or other mental health 
264.10  service provider; or 
264.11     (b) any other person, whether or not licensed by the state, 
264.12  who performs or purports to perform psychotherapy. 
264.13     Subd. 12.  [PSYCHOTHERAPY.] "Psychotherapy" means the 
264.14  professional treatment, assessment, or counseling of a mental or 
264.15  emotional illness, symptom, or condition. 
264.16     Subd. 13.  [SEXUAL CONTACT.] (a) For purposes of sections 
264.17  609C.513, paragraphs (a) to (f), and 609C.517, paragraphs (a) to 
264.18  (e) and (h) to (l) (second and fourth degree criminal sexual 
264.19  conduct involving young or incapacitated victim, force, threat, 
264.20  or professional relationship), "sexual contact" includes any of 
264.21  the following acts committed without the complainant's consent 
264.22  except in those cases where consent is not a defense, and 
264.23  committed with sexual or aggressive intent: 
264.24     (1) the intentional touching by the actor of the 
264.25  complainant's intimate parts; 
264.26     (2) the touching by the complainant of the actor's, the 
264.27  complainant's, or another's intimate parts effected by coercion 
264.28  or the use of a position of authority, or by inducement if the 
264.29  complainant is under 13 years of age or is mentally impaired; 
264.30     (3) the touching by another of the complainant's intimate 
264.31  parts effected by coercion or the use of a position of 
264.32  authority; or 
264.33     (4) in any of the cases listed in clauses (1) to (3), the 
264.34  touching of the clothing covering the immediate area of the 
264.35  intimate parts. 
264.36     (b) For purposes of sections 609C.513, paragraphs (g) and 
265.1   (h), and 609C.517, paragraphs (f) and (g) (second and fourth 
265.2   degree criminal sexual conduct by person with significant 
265.3   relationship to victim), "sexual contact" includes any of the 
265.4   following acts committed with sexual or aggressive intent: 
265.5      (1) the intentional touching by the actor of the 
265.6   complainant's intimate parts; 
265.7      (2) the touching by the complainant of the actor's, the 
265.8   complainant's, or another's intimate parts; 
265.9      (3) the touching by another of the complainant's intimate 
265.10  parts; or 
265.11     (4) in any of the cases listed in clauses (1) to (3), the 
265.12  touching of the clothing covering the immediate area of the 
265.13  intimate parts. 
265.14     Subd. 14.  [SEXUAL CONTACT WITH A PERSON UNDER 13.] "Sexual 
265.15  contact with a person under 13" means the intentional touching 
265.16  of the complainant's bare genitals or anal opening by the 
265.17  actor's bare genitals or anal opening with sexual or aggressive 
265.18  intent or the touching by the complainant's bare genitals or 
265.19  anal opening of the actor's or another's bare genitals or anal 
265.20  opening with sexual or aggressive intent. 
265.21     Subd. 15.  [SIGNIFICANT RELATIONSHIP.] "Significant 
265.22  relationship" means a situation in which the actor is: 
265.23     (a) the complainant's parent, stepparent, or guardian; 
265.24     (b) any of the following persons related to the complainant 
265.25  by blood, marriage, or adoption:  brother, sister, stepbrother, 
265.26  stepsister, first cousin, aunt, uncle, nephew, niece, 
265.27  grandparent, great-grandparent, great-uncle, great-aunt; or 
265.28     (c) an adult who jointly resides intermittently or 
265.29  regularly in the same dwelling as the complainant and who is not 
265.30  the complainant's spouse. 
265.31     Subd. 16.  [THERAPEUTIC DECEPTION.] "Therapeutic deception" 
265.32  means a representation by a psychotherapist that sexual contact 
265.33  or sexual penetration by the psychotherapist is consistent with 
265.34  or part of the patient's treatment. 
265.35     Sec. 50.  [609C.51] [CRIMINAL SEXUAL CONDUCT.] 
265.36     Subdivision 1.  [ACTS CONSTITUTING.] Whoever engages in 
266.1   conduct in violation of sections 609C.511 to 609C.519 is guilty 
266.2   of criminal sexual conduct and may be sentenced as provided in 
266.3   sections 609C.511 to 609C.519.  
266.4      Subd. 2.  [INAPPLICABILITY TO MEDICAL TREATMENT.] Sections 
266.5   609C.511 to 609C.519 do not apply to sexual penetration or 
266.6   sexual contact when done for a bona fide medical purpose. 
266.7      Subd. 3.  [INAPPLICABILITY TO VOLUNTARY RELATIONSHIPS.] (a) 
266.8   A person does not commit criminal sexual conduct under sections 
266.9   609C.511, paragraph (a) or (b), 609C.513, paragraph (a) or (b), 
266.10  609C.515, paragraph (a), (b), (d), or (e), and 609C.517, 
266.11  paragraph (a), (b), (d), or (e) (first through fourth degree 
266.12  criminal sexual conduct with underage or vulnerable 
266.13  complainant), if: 
266.14     (1) the actor and complainant are adults cohabiting in an 
266.15  ongoing voluntary sexual relationship at the time of the alleged 
266.16  offense; or 
266.17     (2) the complainant is the actor's legal spouse, unless the 
266.18  couple is living apart and one of them has filed for legal 
266.19  separation or dissolution of the marriage. 
266.20     (b) Nothing in this subdivision shall be construed to 
266.21  prohibit or restrain the prosecution for any other offense 
266.22  committed by one legal spouse against the other.  
266.23     Sec. 51.  [609C.511] [CRIMINAL SEXUAL CONDUCT IN THE FIRST 
266.24  DEGREE.] 
266.25     Except as otherwise provided in sections 609C.633 and 
266.26  609C.635 (subsequent conviction), whoever engages in sexual 
266.27  penetration with another person, or in sexual contact with a 
266.28  person under 13 years of age, may be sentenced to imprisonment 
266.29  for not more than 30 years or to a payment of a fine of not more 
266.30  than $60,000, or both, if any of the following circumstances 
266.31  exists: 
266.32     (a) the complainant is under 13 years of age and the actor 
266.33  is more than 36 months older than the complainant.  Neither 
266.34  mistake as to the complainant's age nor consent to the act by 
266.35  the complainant is a defense; 
266.36     (b) the complainant is at least 13 years of age but less 
267.1   than 16 years of age and the actor is more than 48 months older 
267.2   than the complainant and in a position of authority over the 
267.3   complainant, and uses this authority to cause the complainant to 
267.4   submit.  Neither mistake as to the complainant's age nor consent 
267.5   to the act by the complainant is a defense; 
267.6      (c) circumstances existing at the time of the act cause the 
267.7   complainant to have a reasonable fear of imminent great bodily 
267.8   harm to the complainant or another; 
267.9      (d) the actor is armed with a dangerous weapon or any 
267.10  article used or fashioned in a manner to lead the complainant to 
267.11  reasonably believe it to be a dangerous weapon and uses or 
267.12  threatens to use the weapon or article to cause the complainant 
267.13  to submit; 
267.14     (e) the actor causes personal injury to the complainant, 
267.15  and either of the following circumstances exists: 
267.16     (1) the actor uses force or coercion to accomplish sexual 
267.17  penetration; or 
267.18     (2) the actor knows or has reason to know that the 
267.19  complainant is mentally impaired, mentally incapacitated, or 
267.20  physically helpless; 
267.21     (f) the actor is aided or abetted by one or more 
267.22  accomplices, and either of the following circumstances exists: 
267.23     (1) an accomplice uses force or coercion to cause the 
267.24  complainant to submit; or 
267.25     (2) an accomplice is armed with a dangerous weapon or any 
267.26  article used or fashioned in a manner to lead the complainant 
267.27  reasonably to believe it to be a dangerous weapon and uses or 
267.28  threatens to use the weapon or article to cause the complainant 
267.29  to submit; 
267.30     (g) the actor has a significant relationship to the 
267.31  complainant and the complainant is under 16 years of age at the 
267.32  time of the sexual penetration.  Neither mistake as to the 
267.33  complainant's age nor consent to the act by the complainant is a 
267.34  defense; or 
267.35     (h) the actor has a significant relationship to the 
267.36  complainant, the complainant is under 16 years of age at the 
268.1   time of the sexual penetration, and: 
268.2      (1) the actor or an accomplice uses force or coercion to 
268.3   accomplish the penetration; 
268.4      (2) the complainant suffers personal injury; or 
268.5      (3) the sexual abuse involves multiple acts committed over 
268.6   an extended period of time. 
268.7      Sec. 52.  [609C.513] [CRIMINAL SEXUAL CONDUCT IN THE SECOND 
268.8   DEGREE.] 
268.9      Except as otherwise provided in sections 609C.633 and 
268.10  609C.635 (subsequent conviction), whoever engages in sexual 
268.11  contact with another person may be sentenced to imprisonment for 
268.12  not more than 25 years or to payment of a fine of not more than 
268.13  $50,000, or both, if any of the following circumstances exists: 
268.14     (a) the complainant is under 13 years of age and the actor 
268.15  is more than 36 months older than the complainant.  Neither 
268.16  mistake as to the complainant's age nor consent to the act by 
268.17  the complainant is a defense.  In a prosecution under this 
268.18  paragraph, the state need not prove that the sexual contact was 
268.19  coerced; 
268.20     (b) the complainant is at least 13 but less than 16 years 
268.21  of age and the actor is more than 48 months older than the 
268.22  complainant and in a position of authority over the complainant, 
268.23  and uses this authority to cause the complainant to submit.  
268.24  Neither mistake as to the complainant's age nor consent to the 
268.25  act by the complainant is a defense; 
268.26     (c) circumstances existing at the time of the act cause the 
268.27  complainant to have a reasonable fear of imminent great bodily 
268.28  harm to the complainant or another; 
268.29     (d) the actor is armed with a dangerous weapon or any 
268.30  article used or fashioned in a manner to lead the complainant to 
268.31  reasonably believe it to be a dangerous weapon and uses or 
268.32  threatens to use the dangerous weapon to cause the complainant 
268.33  to submit; 
268.34     (e) the actor causes personal injury to the complainant, 
268.35  and either of the following circumstances exists: 
268.36     (1) the actor uses force or coercion to accomplish the 
269.1   sexual contact; or 
269.2      (2) the actor knows or has reason to know that the 
269.3   complainant is mentally impaired, mentally incapacitated, or 
269.4   physically helpless; 
269.5      (f) the actor is aided or abetted by one or more 
269.6   accomplices, and either of the following circumstances exists: 
269.7      (1) an accomplice uses force or coercion to cause the 
269.8   complainant to submit; or 
269.9      (2) an accomplice is armed with a dangerous weapon or any 
269.10  article used or fashioned in a manner to lead the complainant to 
269.11  reasonably believe it to be a dangerous weapon and uses or 
269.12  threatens to use the weapon or article to cause the complainant 
269.13  to submit; 
269.14     (g) the actor has a significant relationship to the 
269.15  complainant and the complainant is under 16 years of age at the 
269.16  time of the sexual contact.  Neither mistake as to the 
269.17  complainant's age nor consent to the act by the complainant is a 
269.18  defense; or 
269.19     (h) the actor has a significant relationship to the 
269.20  complainant, the complainant is under 16 years of age at the 
269.21  time of the sexual contact, and: 
269.22     (1) the actor or an accomplice uses force or coercion to 
269.23  accomplish the contact; 
269.24     (2) the complainant suffers personal injury; or 
269.25     (3) the sexual abuse involves multiple acts committed over 
269.26  an extended period of time.  
269.27     Sec. 53.  [609C.515] [CRIMINAL SEXUAL CONDUCT IN THE THIRD 
269.28  DEGREE.] 
269.29     Whoever engages in sexual penetration with another person 
269.30  may be sentenced to imprisonment for not more than 15 years or 
269.31  to a payment of a fine of not more than $30,000, or both, if any 
269.32  of the following circumstances exists: 
269.33     (a) the complainant is under 13 years of age and the actor 
269.34  is no more than 36 months older than the complainant.  Neither 
269.35  mistake as to the complainant's age nor consent to the act by 
269.36  the complainant is a defense; 
270.1      (b) the complainant is at least 13 but less than 16 years 
270.2   of age and the actor is more than 24 months older than the 
270.3   complainant.  In any such case it is an affirmative defense, 
270.4   which must be proved by a preponderance of the evidence, that 
270.5   the actor believes the complainant to be 16 years of age or 
270.6   older.  If the actor in such a case is no more than 48 months 
270.7   but more than 24 months older than the complainant, the actor 
270.8   may be sentenced to imprisonment for not more than five years.  
270.9   Consent by the complainant is not a defense; 
270.10     (c) the actor uses force or coercion to accomplish the 
270.11  penetration; 
270.12     (d) the actor knows or has reason to know that the 
270.13  complainant is mentally impaired, mentally incapacitated, or 
270.14  physically helpless; 
270.15     (e) the complainant is at least 16 but less than 18 years 
270.16  of age and the actor is more than 48 months older than the 
270.17  complainant and in a position of authority over the complainant, 
270.18  and uses this authority to cause or induce the complainant to 
270.19  submit.  Neither mistake as to the complainant's age nor consent 
270.20  to the act by the complainant is a defense; 
270.21     (f) the actor has a significant relationship to the 
270.22  complainant and the complainant is at least 16 but under 18 
270.23  years of age at the time of the sexual penetration.  Neither 
270.24  mistake as to the complainant's age nor consent to the act by 
270.25  the complainant is a defense; 
270.26     (g) the actor has a significant relationship to the 
270.27  complainant, the complainant is at least 16 but under 18 years 
270.28  of age at the time of the sexual penetration, and: 
270.29     (1) the actor or an accomplice uses force or coercion to 
270.30  accomplish the penetration; 
270.31     (2) the complainant suffers personal injury; or 
270.32     (3) the sexual abuse involves multiple acts committed over 
270.33  an extended period of time.  Neither mistake as to the 
270.34  complainant's age nor consent to the act by the complainant is a 
270.35  defense; 
270.36     (h) the actor is a psychotherapist and the complainant is a 
271.1   patient of the psychotherapist and the sexual penetration occurs:
271.2      (1) during the psychotherapy session; or 
271.3      (2) outside the psychotherapy session if an ongoing 
271.4   psychotherapist-patient relationship exists.  Consent by the 
271.5   complainant is not a defense; 
271.6      (i) the actor is a psychotherapist, the complainant is a 
271.7   former patient of the psychotherapist, and the former patient is 
271.8   emotionally dependent upon the psychotherapist; 
271.9      (j) the actor is a psychotherapist, the complainant is a 
271.10  patient or former patient, and the sexual penetration occurs by 
271.11  means of therapeutic deception.  Consent by the complainant is 
271.12  not a defense; 
271.13     (k) the actor accomplishes the sexual penetration by means 
271.14  of deception or false representation that the penetration is for 
271.15  a bona fide medical purpose.  Consent by the complainant is not 
271.16  a defense; or 
271.17     (1) the actor is or purports to be a member of the clergy, 
271.18  the complainant is not married to the actor, and: 
271.19     (1) the sexual penetration occurs during the course of a 
271.20  meeting in which the complainant seeks or receives religious or 
271.21  spiritual advice, aid, or comfort from the actor in private; or 
271.22     (2) the sexual penetration occurs during a period of time 
271.23  in which the complainant is meeting on an ongoing basis with the 
271.24  actor to seek or receive religious or spiritual advice, aid, or 
271.25  comfort in private. 
271.26     Sec. 54.  [609C.517] [CRIMINAL SEXUAL CONDUCT IN THE FOURTH 
271.27  DEGREE.] 
271.28     Whoever engages in sexual contact with another person may 
271.29  be sentenced to imprisonment for not more than ten years or to a 
271.30  payment of a fine of not more than $20,000, or both, if any of 
271.31  the following circumstances exists: 
271.32     (a) the complainant is under 13 years of age and the actor 
271.33  is no more than 36 months older than the complainant.  Neither 
271.34  mistake as to the complainant's age or consent to the act by the 
271.35  complainant is a defense.  In a prosecution under this 
271.36  paragraph, the state need not prove that the sexual contact was 
272.1   coerced; 
272.2      (b) the complainant is at least 13 but less than 16 years 
272.3   of age and the actor is more than 48 months older than the 
272.4   complainant or in a position of authority over the complainant 
272.5   and uses this authority to cause the complainant to submit.  
272.6   Consent by the complainant to the act is not a defense.  In any 
272.7   such case, it is an affirmative defense, which must be proved by 
272.8   a preponderance of the evidence, that the actor believes the 
272.9   complainant to be 16 years of age or older; 
272.10     (c) the actor uses force or coercion to accomplish the 
272.11  sexual contact; 
272.12     (d) the actor knows or has reason to know that the 
272.13  complainant is mentally impaired, mentally incapacitated, or 
272.14  physically helpless; 
272.15     (e) the complainant is at least 16 but less than 18 years 
272.16  of age and the actor is more than 48 months older than the 
272.17  complainant and in a position of authority over the complainant, 
272.18  and uses this authority to cause or induce the complainant to 
272.19  submit.  Neither mistake as to the complainant's age nor consent 
272.20  to the act by the complainant is a defense; 
272.21     (f) the actor has a significant relationship to the 
272.22  complainant and the complainant is at least 16 but under 18 
272.23  years of age at the time of the sexual contact.  Neither mistake 
272.24  as to the complainant's age nor consent to the act by the 
272.25  complainant is a defense; 
272.26     (g) the actor has a significant relationship to the 
272.27  complainant, the complainant is at least 16 but under 18 years 
272.28  of age at the time of the sexual contact, and: 
272.29     (1) the actor or an accomplice uses force or coercion to 
272.30  accomplish the contact; 
272.31     (2) the complainant suffers personal injury; or 
272.32     (3) the sexual abuse involves multiple acts committed over 
272.33  an extended period of time.  Neither mistake as to the 
272.34  complainant's age nor consent to the act by the complainant is a 
272.35  defense; 
272.36     (h) the actor is a psychotherapist, the complainant is a 
273.1   patient of the psychotherapist, and the sexual contact occurred: 
273.2      (1) during the psychotherapy session; or 
273.3      (2) outside the psychotherapy session if an ongoing 
273.4   psychotherapist-patient relationship exists.  Consent by the 
273.5   complainant is not a defense; 
273.6      (i) the actor is a psychotherapist, the complainant is a 
273.7   former patient of the psychotherapist, and the former patient is 
273.8   emotionally dependent upon the psychotherapist; 
273.9      (j) the actor is a psychotherapist, the complainant is a 
273.10  patient or former patient, and the sexual contact occurred by 
273.11  means of therapeutic deception.  Consent by the complainant is 
273.12  not a defense; 
273.13     (k) the actor accomplishes the sexual contact by means of 
273.14  deception or false representation that the contact is for a bona 
273.15  fide medical purpose.  Consent by the complainant is not a 
273.16  defense; or 
273.17     (1) the actor is or purports to be a member of the clergy, 
273.18  the complainant is not married to the actor, and: 
273.19     (1) the sexual contact occurs during the course of a 
273.20  meeting in which the complainant seeks or receives religious or 
273.21  spiritual advice, aid, or comfort from the actor in private; or 
273.22     (2) the sexual contact occurs during a period of time in 
273.23  which the complainant is meeting on an ongoing basis with the 
273.24  actor to seek or receive religious or spiritual advice, aid, or 
273.25  comfort in private.  
273.26     Sec. 55.  [609C.519] [GROSS MISDEMEANOR CRIMINAL SEXUAL 
273.27  CONDUCT.] 
273.28     Except as provided in sections 609C.511 to 609C.517, 
273.29  whoever engages in nonconsensual sexual contact is guilty of a 
273.30  gross misdemeanor. 
273.31     Sec. 56.  [609C.53] [COSTS OF MEDICAL EXAMINATION.] 
273.32     No costs incurred by a county, city, or private hospital or 
273.33  other emergency medical facility or by a private physician for 
273.34  the examination of a complainant of criminal sexual conduct when 
273.35  the examination is performed for the purpose of gathering 
273.36  evidence for possible prosecution, shall be charged directly or 
274.1   indirectly to the complainant.  The reasonable costs of the 
274.2   examination shall be paid by the county in which the alleged 
274.3   offense was committed.  Nothing in this section shall be 
274.4   construed to limit the duties, responsibilities, or liabilities 
274.5   of any insurer, whether public or private.  
274.6      Sec. 57.  [609C.55] [RECORDS PERTAINING TO VICTIM IDENTITY 
274.7   CONFIDENTIAL.] 
274.8      Subdivision 1.  [CONFIDENTIAL INFORMATION.] Notwithstanding 
274.9   any provision of law to the contrary, no data contained in 
274.10  records or reports relating to petitions, complaints, or 
274.11  indictments issued pursuant to sections 609C.51 to 609C.517 
274.12  (first to fourth degree criminal sexual conduct) that 
274.13  specifically identify a victim who is a minor shall be 
274.14  accessible to the public, except by order of the court. 
274.15     Subd. 2.  [OTHER INFORMATION.] Nothing in this section 
274.16  authorizes denial of access to any other data contained in the 
274.17  records or reports, including the identity of the defendant. 
274.18     Sec. 58.  [609C.57] [EVIDENCE.] 
274.19     Subdivision 1.  [TESTIMONY CORROBORATION.] In a prosecution 
274.20  under sections 609C.51 to 609C.519 (first to fourth degree and 
274.21  gross misdemeanor criminal sexual conduct) or 609J.65 (sexual 
274.22  conduct in presence of minor under 16), the testimony of a 
274.23  victim need not be corroborated. 
274.24     Subd. 2.  [RESISTANCE OF VICTIM.] In a prosecution under 
274.25  sections 609C.51 to 609C.519, there is no need to show that the 
274.26  victim resisted the accused. 
274.27     Subd. 3.  [EVIDENCE OF PREVIOUS SEXUAL CONDUCT.] (a) In a 
274.28  prosecution under sections 609C.51 to 609C.519 (criminal sexual 
274.29  conduct), 609D.81 (sexual conduct in presence of minor under 
274.30  16), or 609L.57 (incest), evidence of the victim's previous 
274.31  sexual conduct shall not be admitted nor shall any reference to 
274.32  such conduct be made in the presence of the jury, except by 
274.33  court order under the procedure provided in subdivision 4.  The 
274.34  evidence can be admitted only if the probative value of the 
274.35  evidence is not substantially outweighed by its inflammatory or 
274.36  prejudicial nature and only in the circumstances set out in 
275.1   paragraphs (b) and (c).  For the evidence to be admissible under 
275.2   paragraph (b), clause (1), the judge must find by a 
275.3   preponderance of the evidence that the facts set out in the 
275.4   accused's offer of proof are true.  For the evidence to be 
275.5   admissible under paragraph (b), clause (2), or paragraph (c), 
275.6   the judge must find that the evidence is sufficient to support a 
275.7   finding that the facts set out in the accused's offer of proof 
275.8   are true, as provided under Rule 901 of the Rules of Evidence. 
275.9      (b) When consent of the victim is a defense in the case, 
275.10  the following evidence is admissible: 
275.11     (1) evidence of the victim's previous sexual conduct 
275.12  tending to establish a common scheme or plan of similar sexual 
275.13  conduct under circumstances similar to the case at issue.  In 
275.14  order to find a common scheme or plan, the judge must find that 
275.15  the victim made prior allegations of sexual assault that were 
275.16  fabricated; and 
275.17     (2) evidence of the victim's previous sexual conduct with 
275.18  the accused. 
275.19     (c) When the prosecution's case includes evidence of semen, 
275.20  pregnancy, or disease at the time of the incident or, in the 
275.21  case of pregnancy, between the time of the incident and trial, 
275.22  evidence of specific instances of the victim's previous sexual 
275.23  conduct is admissible solely to show the source of the semen, 
275.24  pregnancy, or disease.  
275.25     Subd. 4.  [PROCEDURE FOR ADMITTING EVIDENCE.] The accused 
275.26  may not offer evidence described in subdivision 3 except 
275.27  pursuant to the following procedure: 
275.28     (a) A motion shall be made by the accused at least three 
275.29  business days prior to trial, unless later for good cause shown, 
275.30  setting out with particularity the offer of proof of the 
275.31  evidence that the accused intends to offer, relative to the 
275.32  previous sexual conduct of the victim. 
275.33     (b) If the court deems the offer of proof sufficient, the 
275.34  court shall order a hearing out of the presence of the jury, if 
275.35  any, and in such hearing shall allow the accused to make a full 
275.36  presentation of the offer of proof. 
276.1      (c) At the conclusion of the hearing, if the court finds 
276.2   that the evidence proposed to be offered by the accused 
276.3   regarding the previous sexual conduct of the victim is 
276.4   admissible under subdivision 3 and that its probative value is 
276.5   not substantially outweighed by its inflammatory or prejudicial 
276.6   nature, the court shall make an order stating the extent to 
276.7   which evidence is admissible.  The accused may then offer 
276.8   evidence pursuant to the order of the court. 
276.9      (d) If new information is discovered after the date of the 
276.10  hearing or during the course of trial, which may make evidence 
276.11  described in subdivision 3 admissible, the accused may make an 
276.12  offer of proof pursuant to paragraph (a), and the court shall 
276.13  order an in-camera hearing to determine whether the proposed 
276.14  evidence is admissible by the standards in subdivision 3. 
276.15     Subd. 5.  [JURY INSTRUCTION.] In a prosecution under 
276.16  section 609C.51 (criminal sexual conduct) or 609D.81 (sexual 
276.17  conduct in presence of minor under 16), the court shall not 
276.18  instruct the jury to the effect that: 
276.19     (a) it may be inferred that a victim who has previously 
276.20  consented to sexual intercourse with persons other than the 
276.21  accused would be therefore more likely to consent to sexual 
276.22  intercourse again; 
276.23     (b) the victim's previous or subsequent sexual conduct in 
276.24  and of itself may be considered in determining the credibility 
276.25  of the victim; 
276.26     (c) criminal sexual conduct is a crime easily charged by a 
276.27  victim but very difficult to disprove by an accused because of 
276.28  the heinous nature of the crime; or 
276.29     (d) the jury should scrutinize the testimony of the victim 
276.30  any more closely than it should scrutinize the testimony of any 
276.31  witness in any felony prosecution.  
276.32     Subd. 6.  [PATIENT EVIDENCE.] (a) In a prosecution under 
276.33  section 609C.51 (criminal sexual conduct) or 609D.81 (sexual 
276.34  conduct in presence of minor under 16) involving a 
276.35  psychotherapist and patient, evidence of the patient's personal 
276.36  or medical history is not admissible except when: 
277.1      (1) the accused requests a hearing at least three business 
277.2   days prior to trial and makes an offer of proof of the relevancy 
277.3   of the history; and 
277.4      (2) the court finds that the history is relevant and that 
277.5   the probative value of the history outweighs its prejudicial 
277.6   value. 
277.7      (b) The court shall allow the admission only of specific 
277.8   information or examples of conduct of the victim that are 
277.9   determined by the court to be relevant.  The court's order shall 
277.10  detail the information or conduct that is admissible and no 
277.11  other evidence of the history may be introduced. 
277.12     (c) Violation of the terms of the order is grounds for 
277.13  mistrial but does not prevent the retrial of the accused. 
277.14     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph 
277.15  (c), of the Rules of Evidence is superseded to the extent of its 
277.16  conflict with this section.  
277.17     Sec. 59.  [609C.59] [SEX OFFENDER ASSESSMENT.] 
277.18     Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
277.19  convicted of a violation of sections 609C.51 (criminal sexual 
277.20  conduct); 609D.75 to 609D.81 (obscene telephone call, intrusive 
277.21  observation, indecent exposure, or sexual conduct in presence of 
277.22  minor under 16); or another offense arising out of a charge 
277.23  based on one or more of those sections, the court shall order an 
277.24  independent professional assessment of the offender's need for 
277.25  sex offender treatment.  
277.26     Subd. 2.  [ASSESSMENT WAIVED.] The court may waive the 
277.27  assessment if: 
277.28     (a) the sentencing guidelines provide a presumptive prison 
277.29  sentence for the offender; or 
277.30     (b) an adequate assessment was conducted prior to the 
277.31  conviction.  
277.32     Subd. 3.  [EXPERIENCED ASSESSOR.] An assessor providing an 
277.33  assessment for the court must be experienced in the evaluation 
277.34  and treatment of sex offenders. 
277.35     Subd. 4.  [ACCESS TO DATA.] Notwithstanding section 13.42 
277.36  (medical data), 13.85 (corrections and detention data), 144.335 
278.1   (access to health records), 260.161 (records), or 626.556 
278.2   (reporting of maltreatment of minors), the assessor has access 
278.3   to the following private or confidential data on the person if 
278.4   access is relevant and necessary for the assessment: 
278.5      (a) medical data under section 13.42; 
278.6      (b) corrections and detention data under section 13.85; 
278.7      (c) health records under section 144.335; 
278.8      (d) juvenile court records under section 260.161; and 
278.9      (e) local welfare agency records under section 626.556. 
278.10     Subd. 5.  [DATA DISCLOSED.] Data disclosed under this 
278.11  section may be used only for purposes of the assessment and may 
278.12  not be further disclosed to any other person, except as 
278.13  authorized by law.  
278.14     Subd. 6.  [TREATMENT ORDER.] If the assessment indicates 
278.15  that the offender is in need of and amenable to sex offender 
278.16  treatment, the court shall include in the sentence a requirement 
278.17  that the offender undergo treatment, unless the court sentences 
278.18  the offender to prison.  
278.19     Sec. 60.  [609C.61] [STAY OF IMPOSITION OR EXECUTION OF 
278.20  SENTENCE.] 
278.21     Subdivision 1.  [STAY.] Except when imprisonment is 
278.22  required under sections 609C.63 to 609C.635 (sentence for 
278.23  subsequent conviction), if a person is convicted under section 
278.24  609C.511, paragraph (g), 609C.513, paragraph (g), 609C.515, 
278.25  paragraph (f), or 609C.517, paragraph (f) (first to fourth 
278.26  degree criminal sexual conduct by actor with significant 
278.27  relationship to underage complainant), the court may stay 
278.28  imposition or execution of the sentence if it finds that: 
278.29     (a) a stay is in the best interest of the complainant or 
278.30  the family unit; and 
278.31     (b) a professional assessment indicates that the offender 
278.32  has been accepted by and can respond to a treatment program. 
278.33     Subd. 2.  [REQUIRED CONDITIONS OF PROBATION.] If the court 
278.34  stays imposition or execution of sentence under subdivision 1, 
278.35  it shall include the following as conditions of probation: 
278.36     (a) incarceration in a local jail or workhouse; 
279.1      (b) a requirement that the offender complete a treatment 
279.2   program; and 
279.3      (c) a requirement that the offender have no unsupervised 
279.4   contact with the complainant until the offender has successfully 
279.5   completed the treatment program. 
279.6      Sec. 61.  [609C.63] [SENTENCE FOR SUBSEQUENT CONVICTION 
279.7   GENERALLY.] 
279.8      Subdivision 1.  [MINIMUM SENTENCE FOR SUBSEQUENT 
279.9   CONVICTION.] Except as provided in section 609C.633 or 609C.635, 
279.10  if a person is convicted under sections 609C.511 to 609C.517 
279.11  (first to fourth degree criminal sexual conduct) for conduct 
279.12  occurring within 15 years after the person was convicted of 
279.13  violating or attempting to violate sections 609C.511 to 609C.517 
279.14  or a similar statute of the United States or of this or any 
279.15  other state, the court shall commit the defendant to the 
279.16  commissioner of corrections for: 
279.17     (a) not less than three years; and 
279.18     (b) not more than the maximum sentence provided by law for 
279.19  the offense for which the defendant is convicted. 
279.20     Subd. 2.  [MINIMUM SENTENCE APPLIES NOTWITHSTANDING OTHER 
279.21  PROVISIONS.] The court shall impose the minimum sentence under 
279.22  subdivision 1 notwithstanding the provisions of sections 242.19 
279.23  (methods of control), 243.05 (commissioner of corrections), 
279.24  609A.49 (minimum sentences of imprisonment), 609A.65 (stay of 
279.25  imposition or execution of sentence), and 609A.85 (parole or 
279.26  discharge). 
279.27     Subd. 3.  [STAY.] The court may stay the execution of the 
279.28  sentence imposed under subdivision 1 only if it finds that a 
279.29  professional assessment indicates the offender is accepted by 
279.30  and can respond to treatment at a long-term inpatient program 
279.31  that exclusively treats sex offenders and is approved by the 
279.32  commissioner of corrections. 
279.33     Subd. 4.  [PROBATION CONDITIONS.] If the court stays the 
279.34  execution of a sentence under subdivision 3, it shall include 
279.35  the following as conditions of probation: 
279.36     (a) incarceration in a local jail or workhouse; and 
280.1      (b) a requirement that the offender successfully complete 
280.2   the treatment program and aftercare as directed by the court. 
280.3      Sec. 62.  [609C.633] [MANDATORY LIFE SENTENCE FOR 
280.4   SUBSEQUENT FIRST DEGREE CRIMINAL SEXUAL CONDUCT CONVICTION.] 
280.5      Subdivision 1.  [MANDATORY PENALTY.] The court shall 
280.6   sentence a person to imprisonment for life, notwithstanding the 
280.7   statutory maximum sentence under section 609C.511 (first degree 
280.8   criminal sexual conduct) if: 
280.9      (a) the person is convicted under section 609C.511; and 
280.10     (b) the court determines on the record at the time of 
280.11  sentencing that any of the following circumstances exists: 
280.12     (1) the person has previously been sentenced under section 
280.13  609A.51 (patterned sex offenders); 
280.14     (2) the person has one previous conviction for first, 
280.15  second, or third degree criminal sexual conduct committed before 
280.16  August 1, 1989, for which the person was sentenced to prison in 
280.17  an upward durational departure from the sentencing guidelines 
280.18  that resulted in a sentence at least twice as long as the 
280.19  presumptive sentence; or 
280.20     (3) the person has two previous convictions under sections 
280.21  609C.511 to 609C.515 (first to third degree criminal sexual 
280.22  conduct) and the person: 
280.23     (i) was convicted and sentenced for the first violation 
280.24  before committing the second violation; 
280.25     (ii) was convicted and sentenced for the second violation 
280.26  before committing the present violation; and 
280.27     (iii) committed the present violation before, or within 15 
280.28  years after, the person was discharged from the sentence imposed 
280.29  for the second violation. 
280.30     Subd. 2.  [NO STAY OF IMPOSITION.] Notwithstanding sections 
280.31  609C.61, subdivision 1 (stay of imposition or execution of 
280.32  sentence) and 609C.63, subdivision 1 (sentence for subsequent 
280.33  conviction generally), the court may not stay imposition of the 
280.34  sentence required by this section.  
280.35     Sec. 63.  [609C.635] [MANDATORY 30-YEAR SENTENCE FOR 
280.36  SUBSEQUENT FIRST OR SECOND DEGREE CRIMINAL SEXUAL CONDUCT 
281.1   CONVICTION.] 
281.2      Subdivision 1.  [MANDATORY 30-YEAR PENALTY.] The court 
281.3   shall commit a person to the commissioner of corrections for not 
281.4   less than 30 years, notwithstanding the statutory maximum 
281.5   sentence under section 609C.513 (second degree criminal sexual 
281.6   conduct), if: 
281.7      (a) the person is convicted under section 609C.511, 
281.8   paragraph (c), (d), (e), or (f); or 609C.513, paragraph (c), 
281.9   (d), (e), or (f) (first or second degree criminal sexual conduct 
281.10  involving threat or violence); and 
281.11     (b) the court determines on the record at the time of 
281.12  sentencing that: 
281.13     (1) the crime involved an aggravating factor that would 
281.14  provide grounds for an upward departure under the sentencing 
281.15  guidelines other than the aggravating factor applicable to 
281.16  repeat criminal sexual conduct convictions; and 
281.17     (2) before committing the present violation, the person had 
281.18  been convicted of a previous violation of sections 609C.511 to 
281.19  609C.515 (first to third degree criminal sexual conduct). 
281.20     Subd. 2.  [NO STAY OF SENTENCE.] Notwithstanding sections 
281.21  609C.61, subdivision 1 (stay of imposition or execution of 
281.22  sentence), and 609C.63, subdivision 1 (sentence for subsequent 
281.23  conviction generally), the court may not stay imposition or 
281.24  execution of the sentence required by this section. 
281.25     Sec. 64.  [609C.65] [OTHER PROVISIONS REGARDING 
281.26  SENTENCING.] 
281.27     Subdivision 1.  [MINIMUM DEPARTURE FROM GUIDELINES.] The 
281.28  court shall sentence a person to at least twice the presumptive 
281.29  sentence recommended by the sentencing guidelines if: 
281.30     (a) the person is convicted under section 609C.511, 
281.31  paragraph (c), (d), (e), or (f); 609C.513, paragraph (c), (d), 
281.32  (e), or (f); or 609C.515, paragraph (c) or (d) (criminal sexual 
281.33  conduct involving threat or violence or against vulnerable 
281.34  victim); and 
281.35     (b) the court determines on the record at the time of 
281.36  sentencing that the crime involved an aggravating factor that 
282.1   would provide grounds for an upward departure under the 
282.2   sentencing guidelines.  
282.3      Subd. 2.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
282.4   Notwithstanding the statutory maximum sentence otherwise 
282.5   applicable to the offense or any provision of the sentencing 
282.6   guidelines, when a court sentences a person to prison for a 
282.7   violation of sections 609C.511 to 609C.517 (first to fourth 
282.8   degree criminal sexual conduct), the court shall provide that 
282.9   after the person has completed the sentence imposed, the 
282.10  commissioner of corrections shall place the person on 
282.11  conditional release.  If the person was convicted for a 
282.12  violation of sections 609C.511 to 609C.517, the person shall be 
282.13  placed on conditional release for five years, minus the time the 
282.14  person served on supervised release.  If the person was 
282.15  convicted for a violation of one of those sections a second or 
282.16  subsequent time, or sentenced under subdivision 1 to a mandatory 
282.17  departure, the person shall be placed on conditional release for 
282.18  ten years, minus the time the person served on supervised 
282.19  release. 
282.20     (b) The conditions of release may include successful 
282.21  completion of treatment and aftercare in a program approved by 
282.22  the commissioner, satisfaction of the release conditions 
282.23  specified in section 244.05, subdivision 6 (intensive supervised 
282.24  release), and any other conditions the commissioner considers 
282.25  appropriate.  If the offender fails to meet any condition of 
282.26  release, the commissioner may revoke the offender's conditional 
282.27  release and order that the offender serve the remaining portion 
282.28  of the conditional release term in prison.  The commissioner 
282.29  shall not dismiss the offender from supervision before the 
282.30  conditional release term expires. 
282.31     (c) Conditional release under this subdivision is governed 
282.32  by provisions relating to supervised release, except as 
282.33  otherwise provided in this subdivision, section 244.04, 
282.34  subdivision 1 (good time), or 244.05 (supervised release term). 
282.35     (d) The commissioner shall pay the cost of treatment of a 
282.36  person released under this subdivision.  This section does not 
283.1   require the commissioner to accept or retain an offender in a 
283.2   treatment program. 
283.3      Sec. 65.  [609C.67] [DNA ANALYSIS OF SEX OFFENDERS 
283.4   REQUIRED.] 
283.5      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
283.6   offender to provide a biological specimen for the purpose of DNA 
283.7   analysis as defined in section 299C.155 when: 
283.8      (a) the court sentences a person charged with violating or 
283.9   attempting to violate sections 609C.511 to 609C.517 (first to 
283.10  fourth degree criminal sexual conduct), who is convicted of 
283.11  violating one of those sections or of any offense arising out of 
283.12  the same set of circumstances; 
283.13     (b) the court sentences a person as a patterned sex 
283.14  offender under section 609A.51 (patterned sex offenders); or 
283.15     (c) the juvenile court adjudicates a person a delinquent 
283.16  child who is the subject of a delinquency petition for violating 
283.17  or attempting to violate sections 609C.511 to 609C.517, and the 
283.18  delinquency adjudication is based on a violation of one of those 
283.19  sections or of any offense arising out of the same set of 
283.20  circumstances.  The biological specimen or the results of the 
283.21  analysis shall be maintained by the bureau of criminal 
283.22  apprehension as provided in section 299C.155.  
283.23     Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
283.24  violating or attempting to violate sections 609C.511 to 
283.25  609C.517, or initially charged with violating one of those 
283.26  sections and convicted of another offense arising out of the 
283.27  same set of circumstances, or sentenced as a patterned sex 
283.28  offender under section 609A.51, and committed to the custody of 
283.29  the commissioner of corrections, or serving a term of 
283.30  imprisonment in this state under a reciprocal agreement although 
283.31  convicted in another state of an offense described in this 
283.32  subdivision or a similar law of the United States or any other 
283.33  state, has not provided a biological specimen for the purpose of 
283.34  DNA analysis, the commissioner of corrections or local 
283.35  corrections authority shall order the person to provide a 
283.36  biological specimen for the purpose of DNA analysis before 
284.1   completion of the person's term of imprisonment.  The 
284.2   commissioner of corrections or local corrections authority shall 
284.3   forward the sample to the bureau of criminal apprehension. 
284.4      Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
284.5   accepts an offender from another state under the interstate 
284.6   compact authorized by section 243.16, the acceptance is 
284.7   conditional on the offender providing a biological specimen for 
284.8   the purposes of DNA analysis as defined in section 299C.155, if 
284.9   the offender was convicted of an offense described in 
284.10  subdivision 1 or a similar law of the United States or any other 
284.11  state.  The specimen must be provided under supervision of staff 
284.12  from the department of corrections or a community corrections 
284.13  act county within 15 business days after the offender reports to 
284.14  the supervising agent.  The cost of obtaining the biological 
284.15  specimen is the responsibility of the agency providing 
284.16  supervision. 
284.17                         CRIMES OF COERCION  
284.18     Sec. 66.  [609C.81] [ROBBERY.] 
284.19     Whoever does the following is guilty of robbery and may be 
284.20  sentenced as provided in sections 609C.813 to 609C.817: 
284.21     (a) having knowledge of not being entitled thereto, takes 
284.22  personal property from the person or in the presence of another; 
284.23  and 
284.24     (b) uses or threatens the imminent use of force against any 
284.25  person to overcome the person's resistance or powers of 
284.26  resistance to, or to compel acquiescence in, the taking or 
284.27  carrying away of the property.  
284.28     Sec. 67.  [609C.813] [FIRST DEGREE FELONY ROBBERY.] 
284.29     Whoever, while committing a robbery, is armed with a 
284.30  dangerous weapon or any article used or fashioned in a manner to 
284.31  lead the victim to reasonably believe it to be a dangerous 
284.32  weapon, or inflicts bodily harm upon another may be sentenced to 
284.33  imprisonment for not more than 20 years or to payment of a fine 
284.34  of not more than $40,000, or both. 
284.35     Sec. 68.  [609C.815] [SECOND DEGREE FELONY ROBBERY.] 
284.36     Whoever, while committing a robbery, implies, by word or 
285.1   act, possession of a dangerous weapon may be sentenced to 
285.2   imprisonment for not more than 15 years or to payment of a fine 
285.3   of not more than $30,000, or both. 
285.4      Sec. 69.  [609C.817] [THIRD DEGREE FELONY ROBBERY.] 
285.5      Except as provided in sections 609C.813 and 609C.815, 
285.6   whoever violates section 609C.81 may be sentenced to 
285.7   imprisonment for not more than ten years or to payment of a fine 
285.8   of not more than $20,000, or both.  
285.9      Sec. 70.  [609C.83] [COERCION.] 
285.10     Whoever orally or in writing makes any of the following 
285.11  threats and thereby causes another against the other's will to 
285.12  do any act or forbear doing a lawful act is guilty of coercion 
285.13  and may be sentenced as provided in sections 609C.833 to 
285.14  609C.837: 
285.15     (a) a threat to unlawfully inflict bodily harm upon, or 
285.16  hold in confinement, the person threatened or another, when 
285.17  robbery or attempt to rob is not committed thereby; 
285.18     (b) a threat to unlawfully inflict damage to the property 
285.19  of the person threatened or another; 
285.20     (c) a threat to unlawfully injure a trade, business, 
285.21  profession, or calling; 
285.22     (d) a threat to expose a secret or deformity, publish a 
285.23  defamatory statement, or otherwise to expose any person to 
285.24  disgrace or ridicule; or 
285.25     (e) a threat to make or cause to be made a criminal charge, 
285.26  whether true or false; provided, that a warning of the 
285.27  consequences of a future violation of law given in good faith by 
285.28  a peace officer or prosecuting attorney to any person shall not 
285.29  be deemed a threat for the purposes of this section.  
285.30     Sec. 71.  [609C.833] [FIRST DEGREE FELONY COERCION.] 
285.31     Whoever violates section 609C.83 may be sentenced to 
285.32  imprisonment for not more than ten years or to payment of a fine 
285.33  of not more than $20,000, or both, if the pecuniary gain 
285.34  received by the violator or the loss suffered by the person 
285.35  threatened or another as a result of the threat is $2,500 or 
285.36  more. 
286.1      Sec. 72.  [609C.835] [SECOND DEGREE FELONY COERCION.] 
286.2      Except as provided in section 609C.833, whoever violates 
286.3   609C.83 may be sentenced to imprisonment for not more than five 
286.4   years or to payment of a fine of not more than $10,000, or both, 
286.5   if the pecuniary gain received by the violator or the loss 
286.6   suffered by the person threatened or another as a result of the 
286.7   threat is $300 or more.  
286.8      Sec. 73.  [609C.837] [SECOND DEGREE MISDEMEANOR COERCION.] 
286.9      Except as provided in sections 609C.833 and 609C.835 
286.10  whoever violates section 609C.83 is guilty of a second degree 
286.11  misdemeanor.  
286.12     Sec. 74.  [609C.85] [ATTEMPTED COERCION.] 
286.13     Whoever makes a threat of coercion within the meaning of 
286.14  section 609C.79, but fails to cause the intended act or 
286.15  forbearance, may be sentenced as provided in section 609A.91 
286.16  (attempts). 
286.17     Sec. 75.  [609C.87] [INTERFERING WITH RELIGIOUS OBSERVANCE].
286.18     Subdivision 1.  [INTERFERING WITH ACT.] Whoever, by threats 
286.19  or violence, intentionally prevents another person from 
286.20  performing any lawful act enjoined upon or recommended to the 
286.21  person by the religion which the person professes is guilty of 
286.22  interfering with religious observance and may be punished as 
286.23  provided in section 609C.875. 
286.24     Subd. 2.  [INTERFERING WITH ACCESS.] (a) A person is guilty 
286.25  of interfering with religious observance and may be punished as 
286.26  provided in section 609C.873 if the person intentionally and 
286.27  physically obstructs any individual's access to or egress from a 
286.28  building used for worship services by a religious organization 
286.29  and clearly identified as such by a posted sign or other means. 
286.30     (b) This subdivision does not apply to the exclusion of a 
286.31  person from the building at the request of an official of the 
286.32  religious organization. 
286.33     Sec. 76.  [609C.873] [FIRST DEGREE MISDEMEANOR INTERFERING 
286.34  WITH RELIGIOUS OBSERVANCE.] 
286.35     Whoever violates section 609C.87, subdivision 2, is guilty 
286.36  of a first degree misdemeanor. 
287.1      Sec. 77.  [609C.875] [SECOND DEGREE MISDEMEANOR INTERFERING 
287.2   WITH RELIGIOUS OBSERVANCE.] 
287.3      Whoever violates section 609C.87, subdivision 1, is guilty 
287.4   of a second degree misdemeanor. 
287.5                              ARTICLE 7
287.6                   OTHER CRIMES AGAINST THE PERSON 
287.7         GENERAL PROVISIONS REGARDING CRIMES AGAINST CHILDREN 
287.8      Section 1.  [609D.05] [PERMITTED USE OF FORCE; CHILDREN.] 
287.9      Subdivision 1.  [REASONABLE FORCE.] Reasonable force may be 
287.10  used upon or toward the person of a child without the child's 
287.11  consent when the following circumstance exists or the actor 
287.12  reasonably believes it to exist: 
287.13     (a) when used by a parent, legal guardian, teacher, or 
287.14  other caretaker of a child or pupil, in the exercise of lawful 
287.15  authority, to restrain or correct the child or pupil; or 
287.16     (b) when used by a teacher or other member of the 
287.17  instructional, support, or supervisory staff of a public or 
287.18  nonpublic school upon or toward a child when necessary to 
287.19  restrain the child from self-injury or injury to any other 
287.20  person or property. 
287.21     Subd. 2.  [APPLICABILITY.] This section applies to sections 
287.22  260.315 (contributing to need for protection), 609D.13 (false 
287.23  imprisonment), 609D.15 (unreasonable restraint of child), 
287.24  609D.31 (neglecting or endangering child), and 626.556 
287.25  (reporting maltreatment of minor). 
287.26     Sec. 2.  [609D.07] [STAYED SENTENCE; CRIME AGAINST CHILD.] 
287.27     Subdivision 1.  [REQUIREMENTS.] For any violation of 
287.28  section 609D.15 (unreasonable restraint of child), 609D.31 
287.29  (neglecting or endangering child), or 609D.33 (malicious 
287.30  punishment of child), for which the sentencing guidelines 
287.31  establish a presumptive executed sentence, the court may stay 
287.32  imposition or execution of the sentence if it finds: 
287.33     (a) a stay is in the best interest of the complainant or 
287.34  the family unit; and 
287.35     (b) the defendant is willing to participate in any 
287.36  necessary or appropriate treatment. 
288.1      Subd. 2.  [SENTENCE.] In determining an appropriate 
288.2   sentence when there is a family relationship between the 
288.3   complainant and the defendant, the court shall be guided by the 
288.4   policy of preserving and strengthening the family unit whenever 
288.5   possible. 
288.6                         UNLAWFUL CONFINEMENT 
288.7      Sec. 3.  [609D.11] [KIDNAPPING.] 
288.8      Subdivision 1.  [ACTS CONSTITUTING.] Whoever, for any of 
288.9   the following purposes, confines or removes from one place to 
288.10  another, any person without the person's consent or, if the 
288.11  person is under the age of 16 years, without the consent of the 
288.12  person's parents or other legal custodian, is guilty of 
288.13  kidnapping and may be sentenced as provided in section 609D.113 
288.14  or 609D.115: 
288.15     (a) to hold for ransom or reward for release, or as shield 
288.16  or hostage; 
288.17     (b) to facilitate commission of any felony or flight 
288.18  thereafter; 
288.19     (c) to commit great bodily harm or to terrorize the victim 
288.20  or another; or 
288.21     (d) to hold in involuntary servitude. 
288.22     Subd. 2.  [DOUBLE JEOPARDY.] Notwithstanding section 
288.23  609A.31 (crime punishable under different provisions), a 
288.24  prosecution for or conviction of the crime of kidnapping is not 
288.25  a bar to conviction of or punishment for any other crime 
288.26  committed during the time of the kidnapping. 
288.27     Sec. 4.  [609D.113] [FIRST DEGREE FELONY KIDNAPPING.] 
288.28     Whoever violates section 609D.11 may be sentenced to 
288.29  imprisonment for not more than 40 years or to payment of a fine 
288.30  of not more than $80,000, or both, if the victim: 
288.31     (a) is not released in a safe place; 
288.32     (b) suffers great bodily harm during the course of the 
288.33  kidnapping; or 
288.34     (c) is under the age of 16. 
288.35     Sec. 5.  [609D.115] [SECOND DEGREE FELONY KIDNAPPING.] 
288.36     Except as provided in section 609D.113, whoever violates 
289.1   section 609D.11 may be sentenced to imprisonment for not more 
289.2   than 20 years or to payment of a fine of not more than $40,000, 
289.3   or both. 
289.4      Sec. 6.  [609D.13] [FALSE IMPRISONMENT.] 
289.5      Whoever, knowingly lacking lawful authority to do so, 
289.6   intentionally confines or restrains someone else's child under 
289.7   the age of 18 years without consent of the child's parent or 
289.8   legal custodian, or any other person without the person's 
289.9   consent, is guilty of false imprisonment and may be sentenced as 
289.10  provided in section 609D.135. 
289.11     Sec. 7.  [609D.135] [FELONY FALSE IMPRISONMENT.] 
289.12     Whoever violates section 609D.13 may be sentenced to 
289.13  imprisonment for not more than three years or to payment of a 
289.14  fine of not more than $6,000, or both. 
289.15     Sec. 8.  [609D.15] [UNREASONABLE RESTRAINT OF CHILD.] 
289.16     A parent, legal guardian, or caretaker who intentionally 
289.17  subjects a child under the age of 18 years to unreasonable 
289.18  physical confinement or restraint by means including, but not 
289.19  limited to, tying, locking, caging, or chaining, for a prolonged 
289.20  period of time and in a cruel manner that is excessive under the 
289.21  circumstances, is guilty of unreasonable restraint of a child 
289.22  and may be sentenced as provided in section 609D.153 or 609D.155.
289.23     Sec. 9.  [609D.153] [FELONY UNREASONABLE RESTRAINT OF 
289.24  CHILD.] 
289.25     Whoever violates section 609D.15 may be sentenced to 
289.26  imprisonment for not more than five years or to payment of not 
289.27  more than $10,000, or both, if the confinement or restraint 
289.28  results in substantial bodily harm. 
289.29     Sec. 10.  [609D.155] [GROSS MISDEMEANOR UNREASONABLE 
289.30  RESTRAINT OF CHILD.] 
289.31     Except as provided in section 609D.153, whoever violates 
289.32  section 609D.15 is guilty of a gross misdemeanor. 
289.33                      OTHER DEPRIVATION CRIMES 
289.34     Sec. 11.  [609D.21] [DEPRIVING ANOTHER OF CUSTODIAL OR 
289.35  PARENTAL RIGHTS.] 
289.36     Subdivision 1.  [ACTS CONSTITUTING.] Whoever intentionally 
290.1   does any of the following acts is guilty of depriving another of 
290.2   custodial or parental rights and may be sentenced as provided in 
290.3   section 609D.213 or 609D.215: 
290.4      (a) conceals a minor child from the child's parent where 
290.5   the action manifests an intent substantially to deprive that 
290.6   parent of parental rights or conceals a minor child from another 
290.7   person having the right to visitation or custody where the 
290.8   action manifests an intent to substantially deprive that person 
290.9   of rights to visitation or custody; 
290.10     (b) takes, obtains, retains, or fails to return a minor 
290.11  child in violation of a court order that has transferred legal 
290.12  custody under chapter 260 to the commissioner of human services, 
290.13  a child-placing agency, or the local social services agency; 
290.14     (c) takes, obtains, retains, or fails to return a minor 
290.15  child from or to the parent in violation of a court order, where 
290.16  the action manifests an intent substantially to deprive that 
290.17  parent of rights to visitation or custody; 
290.18     (d) takes, obtains, retains, or fails to return a minor 
290.19  child from or to a parent after commencement of an action 
290.20  relating to child visitation or custody but prior to the 
290.21  issuance of an order determining custody or visitation rights, 
290.22  where the action manifests an intent substantially to deprive 
290.23  that parent of parental rights; 
290.24     (e) retains a child in this state with the knowledge that 
290.25  the child was removed from another state in violation of any of 
290.26  the above provisions; 
290.27     (f) refuses to return a minor child to a parent or lawful 
290.28  custodian if the actor is at least 18 years old and more than 24 
290.29  months older than the child; 
290.30     (g) causes or contributes to a child being a runaway as 
290.31  defined in section 260.015, subdivision 20, if the actor is at 
290.32  least 18 years old and more than 24 months older than the child; 
290.33  or 
290.34     (h) resides with a minor under the age of 16 without the 
290.35  consent of the minor's parent or lawful custodian, if the actor 
290.36  is at least 18 years old. 
291.1      Subd. 2.  [DEFENSES.] (a) It is an affirmative defense if a 
291.2   person charged under subdivision 1 proves that: 
291.3      (1) the person reasonably believed the action taken was 
291.4   necessary to protect the child from physical or sexual assault 
291.5   or substantial emotional harm; 
291.6      (2) the person reasonably believed the action taken was 
291.7   necessary to protect the person taking the action from physical 
291.8   or sexual assault; 
291.9      (3) the action taken was consented to by the parent, 
291.10  stepparent, or legal custodian seeking prosecution, but consent 
291.11  to custody or specific visitation is not consent to the action 
291.12  of failing to return or concealing a minor child; or 
291.13     (4) the action taken was otherwise authorized by a court 
291.14  order issued prior to the violation of subdivision 1. 
291.15     (b) The defenses provided in this subdivision are in 
291.16  addition to and do not limit other defenses available under the 
291.17  criminal code or chapter 611. 
291.18     Subd. 3.  [VENUE.] A person who violates this section may 
291.19  be prosecuted and tried either in the county in which the child 
291.20  was taken, concealed, or detained or in the county of lawful 
291.21  residence of the child. 
291.22     Subd. 4.  [RETURN OF CHILD; COSTS; COUNSELING.] (a) A child 
291.23  who has been concealed, obtained, or retained in violation of 
291.24  this section shall be returned to the person having lawful 
291.25  custody of the child or shall be taken into custody pursuant to 
291.26  section 260.165, subdivision 1, paragraph (c), clause (2). 
291.27     (b) In addition to any sentence imposed, the court may 
291.28  assess any expense incurred in returning the child against any 
291.29  person convicted of violating this section. 
291.30     (c) The court may direct the appropriate county welfare 
291.31  agency to provide counseling services to a child who has been 
291.32  returned pursuant to this subdivision. 
291.33     Subd. 5.  [DISMISSAL OF CHARGE.] (a) A charge brought under 
291.34  this section shall be dismissed if: 
291.35     (1) the person voluntarily returns the child within 48 
291.36  hours after taking, detaining, or failing to return the child in 
292.1   violation of this section; or 
292.2      (2) the person taking the action and the child have not 
292.3   left the state of Minnesota and within a period of seven days 
292.4   after taking the action: 
292.5      (i) a motion or proceeding under chapter 518, 518A, 518B, 
292.6   or 518C is commenced by the person taking the action; or 
292.7      (ii) the attorney representing the person taking the action 
292.8   has consented to service of process by the party whose rights 
292.9   are being deprived, for any motion or action pursuant to chapter 
292.10  518, 518A, 518B, or 518C. 
292.11     (b) Paragraph (a), clause (1), does not apply if the person 
292.12  returns the child as a result of being located by law 
292.13  enforcement authorities. 
292.14     (c) This subdivision does not prohibit the filing of felony 
292.15  charges or an offense report before the expiration of the 48 
292.16  hours. 
292.17     Subd. 6.  [REPORTING.] Any violation of this section shall 
292.18  be reported pursuant to section 626.556, subdivision 3a. 
292.19     Sec. 12.  [609D.213] [FIRST DEGREE FELONY DEPRIVING ANOTHER 
292.20  OF CUSTODIAL OR PARENTAL RIGHTS.] 
292.21     Except as provided in section 609D.21, subdivision 5 
292.22  (dismissal of charge), whoever is convicted of depriving another 
292.23  of custodial or parental rights under section 609D.21 may be 
292.24  sentenced to imprisonment for not more than four years or to 
292.25  payment of a fine of not more than $8,000, or both, if the court 
292.26  finds that: 
292.27     (a) the defendant committed the violation while possessing 
292.28  a dangerous weapon or caused substantial bodily harm to effect 
292.29  the taking; 
292.30     (b) the defendant abused or neglected the child during the 
292.31  concealment, detention, or removal of the child; 
292.32     (c) the defendant inflicted or threatened to inflict 
292.33  physical harm on a parent or lawful custodian of the child or on 
292.34  the child with intent to cause the parent or lawful custodian to 
292.35  discontinue criminal prosecution; 
292.36     (d) the defendant demanded payment in exchange for return 
293.1   of the child or demanded to be relieved of the financial or 
293.2   legal obligation to support the child in exchange for return of 
293.3   the child; or 
293.4      (e) the defendant has previously been convicted under 
293.5   section 609D.21 or a similar statute of another jurisdiction. 
293.6      Sec. 13.  [609D.215] [SECOND DEGREE FELONY DEPRIVING 
293.7   ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS.] 
293.8      Except as otherwise provided in section 609D.21, 
293.9   subdivision 5 (dismissal of charge), whoever is guilty of 
293.10  depriving another of custodial or parental rights under section 
293.11  609D.21 may be sentenced to imprisonment for not more than two 
293.12  years or to payment of a fine of not more than $4,000, or both. 
293.13     Sec. 14.  [609D.23] [CONTRIBUTING TO TRUANCY.] 
293.14     Subdivision 1.  [ACTS CONSTITUTING.] Whoever intentionally 
293.15  causes or contributes to a child being a habitual truant as 
293.16  defined in section 260.015, subdivision 19, and is at least 18 
293.17  years old and more than 24 months older than the child may be 
293.18  punished as provided in section 609D.235. 
293.19     Subd. 2.  [DEFENSES AND REPORTING.] Section 609D.21, 
293.20  subdivisions 2 and 6, apply in prosecutions under this section. 
293.21     Sec. 15.  [609D.235] [SECOND DEGREE MISDEMEANOR 
293.22  CONTRIBUTING TO TRUANCY.] 
293.23     Subdivision 1.  [PENALTY.] Whoever violates section 609D.23 
293.24  is guilty of a second degree misdemeanor. 
293.25     Subd. 2.  [PROSECUTION.] The county attorney shall 
293.26  prosecute violations of this section. 
293.27     Sec. 16.  [609D.25] [ABDUCTING MINOR FOR PURPOSE OF 
293.28  MARRIAGE.] 
293.29     Whoever, for the purpose of marriage, takes a person under 
293.30  the age of 18 years, without the consent of the parents, 
293.31  guardian or other person having legal custody of such person is 
293.32  guilty of abducting minor for purpose of marriage and may be 
293.33  sentenced as provided in section 609D.255. 
293.34     Sec. 17.  [609D.255] [THIRD DEGREE MISDEMEANOR ABDUCTING 
293.35  MINOR FOR PURPOSE OF MARRIAGE.] 
293.36     Whoever violates section 609D.25 is guilty of a third 
294.1   degree misdemeanor. 
294.2                       MISTREATMENT OF CHILDREN 
294.3      Sec. 18.  [609D.31] [NEGLECTING OR ENDANGERING CHILD.] 
294.4      Subdivision 1.  [NEGLECT.] A parent, legal guardian, or 
294.5   caretaker who does either of the following is guilty of neglect 
294.6   and may be sentenced as provided in section 609D.313 or 609D.315:
294.7      (a) willfully deprives a child of necessary food, clothing, 
294.8   shelter, health care, or supervision appropriate to the child's 
294.9   age, when the parent, guardian, or caretaker is reasonably able 
294.10  to make the necessary provisions and the deprivation harms or is 
294.11  likely to substantially harm the child's physical, mental, or 
294.12  emotional health; or 
294.13     (b) knowingly permits the continuing physical or sexual 
294.14  abuse of a child. 
294.15     Subd. 2.  [ENDANGERMENT.] A parent, legal guardian, or 
294.16  caretaker who endangers the child's person or health by either 
294.17  of the following is guilty of endangerment and may by sentenced 
294.18  as provided in section 609D.313 or 609D.315: 
294.19     (a) intentionally or recklessly causing or permitting a 
294.20  child to be placed in a situation likely to substantially harm 
294.21  the child's physical, mental, or emotional health or cause the 
294.22  child's death; or 
294.23     (b) knowingly causing or permitting the child to be present 
294.24  where any person is selling or possessing a controlled substance 
294.25  in violation of sections 609F.111 to 609F.117 (first to fourth 
294.26  degree controlled substance crime) or 609F.131 to 609F.137 
294.27  (first to fourth degree subsequent controlled substance crime). 
294.28     Subd. 3.  [PROTECTED ACTS.] Subdivision 2 does not prevent 
294.29  a parent, legal guardian, or caretaker from: 
294.30     (a) causing or permitting a child to engage in activities 
294.31  that are appropriate to the child's age, stage of development, 
294.32  and experience; or 
294.33     (b) in good faith selecting or depending upon spiritual 
294.34  means or prayer for treatment or care of disease or remedial 
294.35  care of the child. 
294.36     Subd. 4.  [DEFENSES.] It is a defense to a prosecution 
295.1   under subdivisions 1, paragraph (b), and 2, that at the time of 
295.2   the neglect or endangerment there was a reasonable apprehension 
295.3   in the mind of the defendant that acting to stop or prevent the 
295.4   neglect or endangerment would result in substantial bodily harm 
295.5   to the defendant or the child in retaliation. 
295.6      Sec. 19.  [609D.313] [FELONY NEGLECTING OR ENDANGERING 
295.7   CHILD.] 
295.8      Whoever violates section 609D.31 may be sentenced to 
295.9   imprisonment for not more than five years or to payment of a 
295.10  fine of not more than $10,000, or both, if the neglect or 
295.11  endangerment results in substantial harm to the child's 
295.12  physical, mental, or emotional health. 
295.13     Sec. 20.  [609D.315] [GROSS MISDEMEANOR NEGLECTING OR 
295.14  ENDANGERING CHILD.] 
295.15     Except as provided in section 609D.313, whoever violates 
295.16  section 609D.31 is guilty of a gross misdemeanor. 
295.17     Sec. 21.  [609D.33] [MALICIOUSLY PUNISHING CHILD.] 
295.18     A parent, legal guardian, or caretaker who, by an 
295.19  intentional act or a series of intentional acts with respect to 
295.20  a child, evidences unreasonable force or cruel discipline that 
295.21  is excessive under the circumstances is guilty of malicious 
295.22  punishment of a child and may be sentenced as provided in 
295.23  sections 609D.333 to 609D.337. 
295.24     Sec. 22.  [609D.333] [FIRST DEGREE FELONY MALICIOUSLY 
295.25  PUNISHING CHILD.] 
295.26     Whoever violates section 609D.33 may be sentenced to 
295.27  imprisonment for not more than ten years or to payment of a fine 
295.28  of not more than $20,000, or both, if the punishment results in 
295.29  great bodily harm. 
295.30     Sec. 23.  [609D.335] [SECOND DEGREE FELONY MALICIOUSLY 
295.31  PUNISHING CHILD.] 
295.32     Whoever violates section 609D.33 may be sentenced to 
295.33  imprisonment for not more than five years or to payment of a 
295.34  fine of not more than $10,000, or both, if: 
295.35     (a) the punishment results in substantial bodily harm; or 
295.36     (b) the punishment is to a child under the age of four and 
296.1   causes bodily harm to the head, eyes, neck, or otherwise causes 
296.2   multiple bruises to the body. 
296.3      Sec. 24.  [609D.337] [GROSS MISDEMEANOR MALICIOUSLY 
296.4   PUNISHING CHILD.] 
296.5      Except as provided in sections 609D.333 and 609D.335, 
296.6   whoever violates section 609D.33 is guilty of a gross 
296.7   misdemeanor. 
296.8      Sec. 25.  [609D.35] [SOLICITING CHILD TO ENGAGE IN SEXUAL 
296.9   CONDUCT.] 
296.10     Subdivision 1.  [ACTS CONSTITUTING.] A person 18 years of 
296.11  age or older who solicits a child under the age of 15 years to 
296.12  engage in sexual conduct with intent to engage in sexual conduct 
296.13  may be sentenced as provided in section 609D.355. 
296.14     Subd. 2.  [DEFENSES.] Mistake as to age is not a defense to 
296.15  a prosecution under this section. 
296.16     Sec. 26.  [609D.355] [FELONY SOLICITING CHILD TO ENGAGE IN 
296.17  SEXUAL CONDUCT.] 
296.18     Whoever violates section 609D.35 may be sentenced to 
296.19  imprisonment for not more than three years or to payment of a 
296.20  fine of not more than $6,000, or both. 
296.21                   MISTREATING VULNERABLE ADULTS 
296.22     Sec. 27.  [609D.41] [MISTREATING VULNERABLE ADULT RESIDENT 
296.23  OR PATIENT.] 
296.24     Whoever, being in charge of or employed in any 
296.25  vulnerable-adult facility required to be licensed under the 
296.26  provisions of sections 144.50 to 144.58, or 144A.02, 
296.27  intentionally abuses, ill-treats, or culpably neglects any 
296.28  patient or resident therein to the patient's or resident's 
296.29  physical detriment is guilty of mistreating a vulnerable adult 
296.30  resident or patient and may be sentenced as provided in section 
296.31  609D.415. 
296.32     Sec. 28.  [609D.415] [GROSS MISDEMEANOR MISTREATING 
296.33  VULNERABLE ADULT RESIDENT OR PATIENT.] 
296.34     Whoever violates section 609D.41 is guilty of a gross 
296.35  misdemeanor. 
296.36     Sec. 29.  [609D.43] [CRIMINAL ABUSE.] 
297.1      Subdivision 1.  [CRIMINAL ABUSE.] A vulnerable-adult 
297.2   caregiver who, with intent to produce physical or mental pain or 
297.3   injury to a vulnerable adult, subjects a vulnerable adult to any 
297.4   aversive or deprivation procedure, unreasonable confinement, or 
297.5   involuntary seclusion, is guilty of criminal abuse and may be 
297.6   sentenced as provided in sections 609D.433 to 609D.439.  This 
297.7   paragraph does not apply to vulnerable-adult therapeutic conduct.
297.8      Subd. 2.  [SEXUAL CRIMINAL ABUSE.] A vulnerable-adult 
297.9   caregiver, vulnerable-adult facility staff person, or person 
297.10  providing services in a vulnerable-adult facility who engages in 
297.11  sexual contact or penetration, under circumstances other than 
297.12  those described in sections 609C.511 to 609C.517 (first to 
297.13  fourth degree criminal sexual conduct), with a resident, 
297.14  patient, or client of the vulnerable-adult facility is guilty of 
297.15  sexual criminal abuse and may be sentenced as provided in 
297.16  section 609D.439. 
297.17     Subd. 3.  [EXEMPTIONS.] For the purposes of this section, a 
297.18  vulnerable adult is not abused for the sole reason that: 
297.19     (a) the vulnerable adult or a person with authority to make 
297.20  health care decisions for the vulnerable adult under sections 
297.21  144.651 (patients bill of rights), 144A.44 (home care bill of 
297.22  rights), chapter 145B (living will), 145C (durable power of 
297.23  attorney for health care), or 252A (mental retardation), or 
297.24  section 253B.03 (rights of patients), or 525.539 to 525.6199 
297.25  (guardianships and conservatorships), refuses consent or 
297.26  withdraws consent, consistent with that authority and within the 
297.27  boundary of reasonable medical practice, to any vulnerable-adult 
297.28  therapeutic conduct, including any care, service, or procedure 
297.29  to diagnose, maintain, or treat the physical or mental condition 
297.30  of the vulnerable adult or, where permitted under law, to 
297.31  provide nutrition and hydration parenterally or through 
297.32  intubation.  This paragraph does not enlarge or diminish rights 
297.33  otherwise held under law by: 
297.34     (1) a vulnerable adult or a person acting on behalf of a 
297.35  vulnerable adult, including an involved family member, to 
297.36  consent to or refuse consent for vulnerable-adult therapeutic 
298.1   conduct; or 
298.2      (2) a vulnerable-adult caregiver to offer or provide or 
298.3   refuse to offer or provide vulnerable-adult therapeutic conduct; 
298.4      (b) the vulnerable adult, a person with authority to make 
298.5   health care decisions for the vulnerable adult, or a 
298.6   vulnerable-adult caregiver in good faith selects and depends 
298.7   upon spiritual means or prayer for treatment or care of disease 
298.8   or remedial care of the vulnerable adult in lieu of medical 
298.9   care, provided that this is consistent with the vulnerable 
298.10  adult's prior practice or belief or the vulnerable adult's 
298.11  expressed intentions; or 
298.12     (c) the vulnerable adult, who is not impaired in judgment 
298.13  or capacity by mental or emotional dysfunction or undue 
298.14  influence, engages in consensual sexual contact with: 
298.15     (1) a person, including a vulnerable-adult facility staff 
298.16  person, when a consensual sexual personal relationship existed 
298.17  prior to the caregiving relationship; or 
298.18     (2) a personal care attendant, regardless of whether the 
298.19  consensual sexual personal relationship existed prior to the 
298.20  caregiving relationship. 
298.21     Sec. 30.  [609D.433] [FIRST DEGREE FELONY CRIMINAL ABUSE.] 
298.22     Whoever is guilty of criminal abuse under section 609D.43, 
298.23  subdivision 1, may be sentenced to imprisonment for not more 
298.24  than 15 years or payment of a fine of not more than $30,000, or 
298.25  both, if the criminal abuse results in the death of a vulnerable 
298.26  adult. 
298.27     Sec. 31.  [609D.435] [SECOND DEGREE FELONY CRIMINAL ABUSE.] 
298.28     Whoever is guilty of criminal abuse under section 609D.43, 
298.29  subdivision 1, may be sentenced to imprisonment for not more 
298.30  than ten years or payment of a fine of not more than $20,000, or 
298.31  both, if the criminal abuse results in great bodily harm. 
298.32     Sec. 32.  [609D.437] [THIRD DEGREE FELONY CRIMINAL ABUSE.] 
298.33     Whoever is guilty of criminal abuse under section 609D.45, 
298.34  subdivision 1, may be sentenced to imprisonment for not more 
298.35  than five years or payment of a fine of not more than $10,000, 
298.36  or both, if the criminal abuse results in substantial bodily 
299.1   harm or the risk of death. 
299.2      Sec. 33.  [609D.439] [GROSS MISDEMEANOR CRIMINAL ABUSE.] 
299.3      Except as provided in sections 609D.433 to 609D.437, 
299.4   whoever violates section 609D.43 is guilty of a gross 
299.5   misdemeanor. 
299.6      Sec. 34.  [609D.45] [CRIMINAL NEGLECT.] 
299.7      Subdivision 1.  [ACTS CONSTITUTING.] A vulnerable-adult 
299.8   caregiver or vulnerable-adult facility operator who 
299.9   intentionally neglects a vulnerable adult or knowingly permits 
299.10  conditions to exist that result in the abuse or neglect of a 
299.11  vulnerable adult is guilty of criminal neglect and may be 
299.12  sentenced as provided in section 609D.455.  For purposes of this 
299.13  section, "abuse" has the meaning given in section 626.5572, 
299.14  subdivision 2. 
299.15     Subd. 2.  [EXEMPTIONS.] A vulnerable adult is not neglected 
299.16  for the sole reason that: 
299.17     (a) the vulnerable adult or a person with authority to make 
299.18  health care decisions for the vulnerable adult under sections 
299.19  144.651 (patient bill of rights), 144A.44 (home care bill of 
299.20  rights), 253B.03 (rights of patients), or 525.539 to 525.6199 
299.21  (guardianships and conservatorships), or chapter 145B (living 
299.22  will), 145C (durable power of attorney for health care), or 252A 
299.23  (mental retardation), refuses consent or withdraws consent, 
299.24  consistent with that authority and within the boundary of 
299.25  reasonable medical practice, to any vulnerable-adult therapeutic 
299.26  conduct, including any care, service, or procedure to diagnose, 
299.27  maintain, or treat the physical or mental condition of the 
299.28  vulnerable adult or, where permitted under law, to provide 
299.29  nutrition and hydration parenterally or through intubation.  
299.30  This paragraph does not enlarge or diminish rights otherwise 
299.31  held under law by: 
299.32     (1) a vulnerable adult or a person acting on behalf of a 
299.33  vulnerable adult, including an involved family member, to 
299.34  consent to or refuse consent for vulnerable-adult therapeutic 
299.35  conduct; or 
299.36     (2) a vulnerable-adult caregiver to offer or provide or 
300.1   refuse to offer or provide vulnerable-adult therapeutic conduct; 
300.2      (b) the vulnerable adult, a person with authority to make 
300.3   health care decisions for the vulnerable adult, or a 
300.4   vulnerable-adult caregiver in good faith selects and depends 
300.5   upon spiritual means or prayer for treatment or care of disease 
300.6   or remedial care of the vulnerable adult in lieu of medical 
300.7   care, provided that this is consistent with the vulnerable 
300.8   adult's prior practice or belief or the vulnerable adult's 
300.9   expressed intentions; or 
300.10     (c) the vulnerable adult, who is not impaired in judgment 
300.11  or capacity by mental or emotional dysfunction or undue 
300.12  influence, engages in consensual sexual contact with: 
300.13     (1) a person including a vulnerable-adult facility staff 
300.14  person when a consensual sexual personal relationship existed 
300.15  prior to the caregiving relationship; or 
300.16     (2) a personal care attendant, regardless of whether the 
300.17  consensual sexual personal relationship existed prior to the 
300.18  caregiving relationship. 
300.19     Sec. 35.  [609D.455] [GROSS MISDEMEANOR CRIMINAL NEGLECT.] 
300.20     Whoever violates section 609D.45 is guilty of a gross 
300.21  misdemeanor. 
300.22     Sec. 36.  [609D.47] [FAILURE TO REPORT.] 
300.23     Any mandated reporter who is required to report under 
300.24  section 626.557 (reporting of maltreatment of vulnerable adult), 
300.25  who knows or has reason to believe that a vulnerable adult is 
300.26  being or has been maltreated, as defined in section 626.5572, 
300.27  subdivision 15, and who does any of the following is guilty of 
300.28  failure to report and may be sentenced under section 609D.473 or 
300.29  609D.475: 
300.30     (a) intentionally fails to make a maltreatment report; 
300.31     (b) knowingly provides information that is false, 
300.32  deceptive, or misleading; or 
300.33     (c) intentionally fails to provide all of the material 
300.34  circumstances surrounding the incident that are known to the 
300.35  reporter when the maltreatment report is made. 
300.36     Sec. 37.  [609D.473] [GROSS MISDEMEANOR FAILURE TO REPORT.] 
301.1      Whoever is a mandated reporter under section 626.557, and 
301.2   who knows or has reason to believe that a vulnerable adult is 
301.3   being or has been maltreated, as defined in section 626.5572, 
301.4   subdivision 15, and intentionally fails to make a maltreatment 
301.5   report is guilty of a gross misdemeanor if: 
301.6      (a) the person knows the maltreatment caused or contributed 
301.7   to the death or great bodily harm of a vulnerable adult; and 
301.8      (b) the failure to report causes or contributes to the 
301.9   death or great bodily harm of a vulnerable adult or protects the 
301.10  mandated reporter's interests. 
301.11     Sec. 38.  [609D.475] [SECOND DEGREE MISDEMEANOR FAILURE TO 
301.12  REPORT.] 
301.13     Except as provided in section 609D.473, whoever violates 
301.14  section 609D.47 is guilty of a second degree misdemeanor. 
301.15                     OTHER MISTREATMENT CRIMES 
301.16     Sec. 39.  [609D.51] [MISTREATING PERSON CONFINED.] 
301.17     Whoever, being in charge of or employed in any institution, 
301.18  whether public or private, intentionally abuses or ill-treats 
301.19  any person confined therein who is mentally or physically 
301.20  disabled or who is involuntarily confined therein by order of 
301.21  court or other duly constituted authority is guilty of 
301.22  mistreating a person confined and may be sentenced as provided 
301.23  in section 609D.515. 
301.24     Sec. 40.  [609D.515] [GROSS MISDEMEANOR MISTREATING PERSON 
301.25  CONFINED.] 
301.26     Whoever violates section 609D.51 is guilty of a gross 
301.27  misdemeanor. 
301.28     Sec. 41.  [609D.53] [FEMALE GENITAL MUTILATION.] 
301.29     Subdivision 1.  [ACTS CONSTITUTING.] Except as provided in 
301.30  subdivision 3, whoever knowingly circumcises, excises, or 
301.31  infibulates, in whole or in part, the labia majora, labia 
301.32  minora, or clitoris of another is guilty of female genital 
301.33  mutilation and may be sentenced as provided in section 609D.535. 
301.34     Subd. 2.  [DEFENSE.] Consent to the procedure by a minor on 
301.35  whom it is performed or by the minor's parent is not a defense 
301.36  to a violation of this section. 
302.1      Subd. 3.  [PERMITTED ACTIVITIES.] A surgical procedure is 
302.2   not a violation of subdivision 1 if the procedure: 
302.3      (a) is necessary to the health of the person on whom it is 
302.4   performed and is performed by a physician licensed under chapter 
302.5   147 or a physician in training under the supervision of a 
302.6   licensed physician; or 
302.7      (b) is performed on a person who is in labor or who has 
302.8   just given birth and is performed for medical purposes connected 
302.9   with that labor or birth by a physician licensed under chapter 
302.10  147 or a physician in training under the supervision of a 
302.11  licensed physician. 
302.12     Sec. 42.  [609D.535] [FELONY FEMALE GENITAL MUTILATION.] 
302.13     Whoever violates section 609D.53 may be sentenced to 
302.14  imprisonment for not more than five years or to payment of a 
302.15  fine not more than $10,000, or both. 
302.16                  TERRORISTIC OR HARASSING CONDUCT 
302.17     Sec. 43.  [609D.61] [TERRORISTIC CONDUCT.] 
302.18     Whoever commits terroristic conduct in violation of 
302.19  sections 609D.613 to 609D.617 may be punished as provided in 
302.20  those sections. 
302.21     Sec. 44.  [609D.613] [FIRST DEGREE FELONY TERRORISTIC 
302.22  CONDUCT.] 
302.23     Whoever threatens, directly or indirectly, to commit any 
302.24  violent crime with a purpose to terrorize another or to cause 
302.25  evacuation of a building, place of assembly, vehicle or facility 
302.26  of public transportation or otherwise to cause serious public 
302.27  inconvenience, or in a reckless disregard of the risk of causing 
302.28  such terror or inconvenience may be sentenced to imprisonment 
302.29  for not more than five years or to payment of a fine of not more 
302.30  than $10,000, or both. 
302.31     Sec. 45.  [609D.615] [SECOND DEGREE FELONY TERRORISTIC 
302.32  CONDUCT.] 
302.33     Whoever communicates to another with purpose to terrorize 
302.34  another or in reckless disregard of the risk of causing such 
302.35  terror, that explosives or an explosive device or any incendiary 
302.36  device is present at a named place or location, whether or not 
303.1   the same is in fact present, may be sentenced to imprisonment 
303.2   for not more than three years or to payment of a fine of not 
303.3   more than $6,000, or both. 
303.4      Sec. 46.  [609D.617] [GROSS MISDEMEANOR TERRORISTIC 
303.5   CONDUCT.] 
303.6      Whoever displays, exhibits, brandishes, or otherwise 
303.7   employs a replica firearm or a BB gun in a threatening manner, 
303.8   is guilty of a gross misdemeanor if, in doing so, the person 
303.9   either: 
303.10     (a) causes or attempts to cause terror in another person; 
303.11  or 
303.12     (b) acts in reckless disregard of the risk of causing 
303.13  terror in another person. 
303.14     Sec. 47.  [609D.63] [HARASSMENT.] 
303.15     Subdivision 1.  [ACTS CONSTITUTING.] A person is guilty of 
303.16  harassment and may be sentenced as provided in sections 609D.633 
303.17  to 609D.637 if the person engages in intentional conduct in a 
303.18  manner that: 
303.19     (a) would cause a reasonable person under the circumstances 
303.20  to feel oppressed, persecuted, or intimidated; and 
303.21     (b) causes this reaction on the part of the victim. 
303.22     Subd. 2.  [EXCEPTIONS.] (a) Conduct is not a crime under 
303.23  this section if: 
303.24     (1) it is performed under terms of a valid license, to 
303.25  ensure compliance with a court order, or to carry out a specific 
303.26  lawful commercial purpose or employment duty; 
303.27     (2) is authorized or required by a valid contract; or 
303.28     (3) is authorized, required, or protected by state or 
303.29  federal law or the state or federal constitutions. 
303.30     (b) Section 609D.637, subdivision 1, paragraph (b) does not 
303.31  impair the right of any individual or group to engage in speech 
303.32  protected by the federal constitution, the state constitution, 
303.33  or federal or state law, including peaceful and lawful 
303.34  handbilling and picketing. 
303.35     Sec. 48.  [609D.633] [FIRST DEGREE FELONY HARASSMENT.] 
303.36     Whoever engages in a pattern of harassing conduct with 
304.1   respect to a single victim or one or more members of a single 
304.2   household in a manner that would cause a reasonable person under 
304.3   the circumstances to feel terrorized or to fear bodily harm and 
304.4   that does cause this reaction on the part of the victim, may be 
304.5   sentenced to imprisonment for not more than ten years or to 
304.6   payment of a fine of not more than $20,000, or both.  For 
304.7   purposes of this subdivision, a "pattern of harassing conduct" 
304.8   means two or more acts within a five-year period that violate 
304.9   the provisions of any of the following: 
304.10     (a) section 609C.21 (assault); 
304.11     (b) section 609C.315 (violation of order for protection); 
304.12     (c) section 609C.37 (trespass on battered women facility); 
304.13     (d) section 609D.61 (terroristic conduct); 
304.14     (e) section 609D.63 (harassment); 
304.15     (f) section 609D.693 or 609D.695 (violation of harassment 
304.16  restraining order); 
304.17     (g) section 609D.71 (intentionally causing distress); 
304.18     (h) section 609D.73 (letter or package intrusion); 
304.19     (i) section 609D.75 (obscene telephone call); 
304.20     (j) section 609H.31 (burglary); 
304.21     (k) section 609H.41 (damage to property); or 
304.22     (l) section 609H.51, subdivision 1, paragraph (a) or (b) 
304.23  (refusing to leave premises or entering dwelling or posted 
304.24  building). 
304.25     Sec. 49.  [609D.635] [SECOND DEGREE FELONY HARASSMENT.] 
304.26     A person may be sentenced to imprisonment for not more than 
304.27  five years or to payment of a fine of not more than $10,000, or 
304.28  both, if the person: 
304.29     (a) commits any offense described in section 609D.637 
304.30  because of the victim's or another's actual or perceived race, 
304.31  color, religion, sex, sexual orientation, disability as defined 
304.32  in section 363.01, age, or national origin; 
304.33     (b) commits any offense described in section 609D.637 by 
304.34  falsely impersonating another; 
304.35     (c) commits any offense described in section 609D.637 and 
304.36  possesses a dangerous weapon at the time of the offense; 
305.1      (d) commits a violation of section 609D.63 with intent to 
305.2   influence or otherwise tamper with a juror or a judicial 
305.3   proceeding or with intent to retaliate against a judicial 
305.4   officer, prosecutor, defense attorney, or officer of the court, 
305.5   because of that person's performance of official duties in 
305.6   connection with a judicial proceeding; 
305.7      (e) commits any offense described in section 609D.637 
305.8   against a victim under the age of 18, if the actor is more than 
305.9   36 months older than the victim; or 
305.10     (f) violates any provision of section 609D.637 within ten 
305.11  years after discharge from sentence for a previous conviction 
305.12  under: 
305.13     (1) section 609C.21 (assault); 
305.14     (2) section 609C.31, subdivision 16 (violation of order for 
305.15  protection); 
305.16     (3) section 609D.61 (terroristic conduct); 
305.17     (4) section 609D.63 (harrassment); or 
305.18     (5) section 609D.69, subdivision 10 (violation of 
305.19  harassment restraining order). 
305.20     Sec. 50.  [609D.637] [GROSS MISDEMEANOR HARASSMENT.] 
305.21     Subdivision 1.  [PENALTY.] A person who harasses another by 
305.22  committing any of the following acts is guilty of a gross 
305.23  misdemeanor: 
305.24     (a) directly or indirectly manifests a purpose or intent to 
305.25  injure the person, property, or rights of another by the 
305.26  commission of an unlawful act; 
305.27     (b) stalks, follows, or pursues another; 
305.28     (c) returns to the property of another if the actor is 
305.29  without claim of right to the property or consent of one with 
305.30  authority to consent; 
305.31     (d) repeatedly makes telephone calls, or induces a victim 
305.32  to make telephone calls to the actor, whether or not 
305.33  conversation ensues; 
305.34     (e) makes or causes the telephone of another repeatedly or 
305.35  continuously to ring; 
305.36     (f) repeatedly uses the mail or delivers or causes the 
306.1   delivery of letters, telegrams, packages, or other objects; or 
306.2      (g) engages in any other harassing conduct that interferes 
306.3   with another person or intrudes on the person's privacy or 
306.4   liberty. 
306.5      Subd. 2.  [PLACE OF PROSECUTION.] The conduct described in 
306.6   subdivision 1, paragraph (d) and (e), may be prosecuted either 
306.7   at the place where the call is made or where it is received.  
306.8   The conduct described in subdivision 1, paragraph (f) may be 
306.9   prosecuted either where the mail is deposited or where it is 
306.10  received. 
306.11     Sec. 51.  [609D.65] [MENTAL HEALTH ASSESSMENT AND 
306.12  TREATMENT.] 
306.13     Subdivision 1.  [MENTAL HEALTH ASSESSMENT.] When a person 
306.14  is convicted of a felony offense under section 609D.63, or 
306.15  another felony offense arising out of a charge based on that 
306.16  section, the court shall order an independent professional 
306.17  mental health assessment of the offender's need for mental 
306.18  health treatment.  The court may waive the assessment if an 
306.19  adequate assessment was conducted prior to the conviction. 
306.20     Subd. 2.  [ACCESS TO DATA.] (a) Notwithstanding section 
306.21  13.42 (medical data), 13.85 (corrections and detention data), 
306.22  144.335 (access to health records), or 260.161 (records), the 
306.23  assessor has access to the following private or confidential 
306.24  data on the person if access is relevant and necessary for the 
306.25  assessment: 
306.26     (1) medical data under section 13.42; 
306.27     (2) welfare data under section 13.46; 
306.28     (3) corrections and detention data under section 13.85; 
306.29     (4) health records under section 144.335; and 
306.30     (5) juvenile court records under section 260.161. 
306.31     (b) Data disclosed under this section may be used only for 
306.32  purposes of the assessment and may not be further disclosed to 
306.33  any other person, except as authorized by law. 
306.34     Subd. 3.  [TREATMENT.] If the assessment indicates that the 
306.35  offender is in need of and amenable to mental health treatment, 
306.36  the court shall include in the sentence a requirement that the 
307.1   offender undergo treatment. 
307.2      Subd. 4.  [COSTS OF ASSESSMENT.] The court shall order the 
307.3   offender to pay the costs of assessment under this section 
307.4   unless the offender is indigent under section 563.01 (in forma 
307.5   pauperis proceeding). 
307.6      Sec. 52.  [609D.67] [DETERMINATION REGARDING FIREARM UPON 
307.7   HARASSMENT CONVICTION.] 
307.8      Subdivision 1.  [DETERMINATION; ORDER.] When a person is 
307.9   convicted of a harassment or stalking crime under section 
307.10  609D.63 and the court determines that the person used a firearm 
307.11  in any way during commission of the crime, the court may order 
307.12  that the person is prohibited from possessing any type of 
307.13  firearm for any period longer than three years or for the 
307.14  remainder of the person's life. 
307.15     Subd. 2.  [INFORMING DEFENDANT OF PISTOL OR FIREARM 
307.16  PROHIBITION.] When a person is convicted of a harassment or 
307.17  stalking crime under section 609C.63, the court shall inform the 
307.18  defendant as provided in section 609E.82, subdivision 9, 
307.19  paragraph (d), of the prohibition in section 609E.82, 
307.20  subdivision 1, paragraph (d), or 4, paragraph (b). 
307.21     Sec. 53.  [609D.69] [CIVIL RESTRAINING ORDER AGAINST 
307.22  HARASSMENT.] 
307.23     Subdivision 1.  [SPECIAL DEFINITIONS.] For the purposes of 
307.24  this section, the following terms have the meanings given them 
307.25  in this subdivision. 
307.26     (a) "Harassment" includes: 
307.27     (1) repeated, intrusive, or unwanted acts, words, or 
307.28  gestures that are intended to adversely affect the safety, 
307.29  security, or privacy of another, regardless of the relationship 
307.30  between the actor and the intended target; 
307.31     (2) targeted residential picketing; and 
307.32     (3) a pattern of attending public events after being 
307.33  notified that the actor's presence at the event is harassing to 
307.34  another. 
307.35     (b) "Respondent" includes any individuals alleged to have 
307.36  engaged in harassment or organizations alleged to have sponsored 
308.1   or promoted harassment. 
308.2      (c) "Targeted residential picketing" includes the following 
308.3   acts when committed on more than one occasion: 
308.4      (1) marching, standing, or patrolling by one or more 
308.5   persons directed solely at a particular residential building in 
308.6   a manner that adversely affects the safety, security, or privacy 
308.7   of an occupant of the building; or 
308.8      (2) marching, standing, or patrolling by one or more 
308.9   persons, which prevents an occupant of a residential building 
308.10  from gaining access to or exiting from the property on which the 
308.11  residential building is located. 
308.12     Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
308.13  is a victim of harassment may seek a civil restraining order 
308.14  from the district court in the manner provided in this section.  
308.15  The parent or guardian of a minor who is a victim of harassment 
308.16  may seek a restraining order from the district court on behalf 
308.17  of the minor. 
308.18     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
308.19  petition for relief must allege facts sufficient to show the 
308.20  following: 
308.21     (1) the name of the alleged harassment victim; 
308.22     (2) the name of the respondent; and 
308.23     (3) that the respondent has engaged in harassment. 
308.24     (b) The petition shall be accompanied by an affidavit made 
308.25  under oath stating the specific facts and circumstances from 
308.26  which relief is sought.  The court shall provide simplified 
308.27  forms and clerical assistance to help with the writing and 
308.28  filing of a petition under this section and shall advise the 
308.29  petitioner of the right to sue in forma pauperis under section 
308.30  563.01 (in forma pauperis proceeding).  Upon receipt of the 
308.31  petition, the court shall order a hearing, which must be held 
308.32  not later than 14 days from the date of the order.  Personal 
308.33  service must be made upon the respondent not less than five days 
308.34  before the hearing.  If personal service cannot be completed in 
308.35  time to give the respondent the minimum notice required under 
308.36  this paragraph, the court may set a new hearing date. 
309.1      (c) Notwithstanding paragraph (b), the order for a hearing 
309.2   and a temporary order issued under subdivision 5 may be served 
309.3   on the respondent by means of a one-week published notice under 
309.4   section 645.11 (published notice), if: 
309.5      (1) the petitioner files an affidavit with the court 
309.6   stating that an attempt at personal service made by a sheriff 
309.7   was unsuccessful because the respondent is avoiding service by 
309.8   concealment or otherwise; and 
309.9      (2) a copy of the petition and order for hearing and any 
309.10  temporary restraining order has been mailed to the respondent at 
309.11  the respondent's residence or place of business, if the 
309.12  respondent is an organization, or the respondent's residence or 
309.13  place of business is not known to the petitioner. 
309.14     Subd. 4.  [FILING FEE; COST OF SERVICE.] The filing fees 
309.15  for a restraining order under this section are waived for the 
309.16  petitioner if the petition alleges acts that would constitute a 
309.17  violation of section 609D.635 or 609D.637.  The court 
309.18  administrator and the sheriff of any county in this state shall 
309.19  perform their duties relating to service of process without 
309.20  charge to the petitioner.  The court shall direct payment of the 
309.21  reasonable costs of service of process if served by a private 
309.22  process server when the sheriff is unavailable or if service is 
309.23  made by publication.  The court may direct a respondent to pay 
309.24  to the court administrator the petitioner's filing fees and 
309.25  reasonable costs of service of process if the court determines 
309.26  that the respondent has the ability to pay the petitioner's fees 
309.27  and costs. 
309.28     Subd. 5.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
309.29  issue a temporary restraining order ordering the respondent to 
309.30  cease or avoid the harassment of another person or to have no 
309.31  contact with that person if the petitioner files a petition in 
309.32  compliance with subdivision 3 and if the court finds reasonable 
309.33  grounds to believe that the respondent has engaged in harassment.
309.34     (b) Notice need not be given to the respondent before the 
309.35  court issues a temporary restraining order under this 
309.36  subdivision.  A copy of the restraining order must be served on 
310.1   the respondent along with the order for hearing and petition, as 
310.2   provided in subdivision 3.  A temporary restraining order may be 
310.3   entered only against the respondent named in the petition. 
310.4      (c) The temporary restraining order is in effect until a 
310.5   hearing is held on the issuance of a restraining order under 
310.6   subdivision 6.  The court shall hold the hearing on the issuance 
310.7   of a restraining order within 14 days after the temporary 
310.8   restraining order is issued unless: 
310.9      (1) the time period is extended upon written consent of the 
310.10  parties; or 
310.11     (2) the time period is extended by the court for one 
310.12  additional 14-day period upon a showing that the respondent has 
310.13  not been served with a copy of the temporary restraining order 
310.14  despite the exercise of due diligence or if service is made by 
310.15  published notice under subdivision 3 and the petitioner files 
310.16  the affidavit required under that subdivision. 
310.17     Subd. 6.  [RESTRAINING ORDER.] (a) The court may grant a 
310.18  restraining order ordering the respondent to cease or avoid the 
310.19  harassment of another person or to have no contact with that 
310.20  person if all of the following occur: 
310.21     (1) the petitioner has filed a petition under subdivision 
310.22  3; 
310.23     (2) the sheriff has served respondent with a copy of the 
310.24  temporary restraining order obtained under subdivision 5, and 
310.25  with notice of the time and place of the hearing, or service has 
310.26  been made by publication under subdivision 3, paragraph (b); and 
310.27     (3) the court finds at the hearing that there are 
310.28  reasonable grounds to believe that the respondent has engaged in 
310.29  harassment.  A restraining order may be issued only against the 
310.30  respondent named in the petition; except that if the respondent 
310.31  is an organization, the order may be issued against and apply to 
310.32  all of the members of the organization.  Relief granted by the 
310.33  restraining order must be for a fixed period of not more than 
310.34  two years.  When a referee presides at the hearing on the 
310.35  petition, the restraining order becomes effective upon the 
310.36  referee's signature. 
311.1      (b) An order issued under this subdivision must be 
311.2   personally served upon the respondent. 
311.3      Subd. 7.  [COPY TO LAW ENFORCEMENT AGENCY.] An order 
311.4   granted under this section shall be forwarded by the court 
311.5   administrator within 24 hours to the local law enforcement 
311.6   agency with jurisdiction over the residence of the applicant.  
311.7   Each appropriate law enforcement agency shall make available to 
311.8   other law enforcement officers through a system for 
311.9   verification, information as to the existence and status of any 
311.10  order issued under this section. 
311.11     Subd. 8.  [NOTICE.] An order granted under this section 
311.12  must contain a conspicuous notice to the respondent: 
311.13     (a) of the specific conduct that will constitute a 
311.14  violation of the order; 
311.15     (b) that violation of an order is a second degree 
311.16  misdemeanor punishable by incarceration for up to 90 days or a 
311.17  fine of up to $1,000, or both, and that a subsequent violation 
311.18  is a gross misdemeanor punishable by imprisonment for up to one 
311.19  year or a fine of up to $3,000, or both; and 
311.20     (c) that a peace officer must arrest without warrant and 
311.21  take into custody a person if the peace officer has probable 
311.22  cause to believe the person has violated a restraining order. 
311.23     Subd. 9.  [EFFECT ON LOCAL ORDINANCES.] Nothing in this 
311.24  section shall supersede or preclude the continuation or adoption 
311.25  of any local ordinance that applies to a broader scope of 
311.26  targeted residential picketing conduct than that described in 
311.27  subdivision 1. 
311.28     Subd. 10.  [VIOLATION OF RESTRAINING ORDER.] (a) When a 
311.29  temporary restraining order or a restraining order is granted 
311.30  under this section and the respondent knows of the order, 
311.31  violation of the order is a crime punishable under section 
311.32  609D.693 or 609D.695. 
311.33     (b) A peace officer shall arrest without a warrant and take 
311.34  into custody a person whom the peace officer has probable cause 
311.35  to believe has violated an order issued under subdivision 5 or 6 
311.36  if the existence of the order can be verified by the officer. 
312.1      (c) A violation of a temporary restraining order or 
312.2   restraining order shall also constitute contempt of court. 
312.3      (d) Upon the filing of an affidavit by the petitioner, any 
312.4   peace officer, or an interested party designated by the court, 
312.5   alleging that the respondent has violated an order issued under 
312.6   subdivision 5 or 6, the court may issue an order to the 
312.7   respondent requiring the respondent to appear within 14 days and 
312.8   show cause why the respondent should not be held in contempt of 
312.9   court.  The court also shall refer the violation of the order to 
312.10  the appropriate prosecuting authority for possible prosecution 
312.11  under section 609D.693 or 609D.695. 
312.12     Sec. 54.  [609D.693] [GROSS MISDEMEANOR VIOLATION OF 
312.13  HARASSMENT RESTRAINING ORDER.] 
312.14     A person is guilty of a gross misdemeanor who knowingly 
312.15  violates a restraining order granted under section 609D.69 
312.16  within five years after discharge from sentence for a previous 
312.17  conviction under: 
312.18     (a) section 609D.69, subdivision 10, paragraph (a) 
312.19  (violation of restraining order); 
312.20     (b) section 609C.21 (assault); 
312.21     (c) section 609C.31 (violation of order for protection); 
312.22     (d) section 609D.61 (terroristic conduct); or 
312.23     (e) section 609D.63 (harassment). 
312.24     Sec. 55.  [609D.695] [SECOND DEGREE MISDEMEANOR VIOLATION 
312.25  OF HARASSMENT RESTRAINING ORDER.] 
312.26     When a temporary restraining order or a restraining order 
312.27  is granted under section 609D.69 and the respondent knows of the 
312.28  order, violation of the order is a second degree misdemeanor. 
312.29                         INTRUSIVE CONDUCT 
312.30     Sec. 56.  [609D.71] [INTENTIONALLY CAUSING DISTRESS.] 
312.31     Subdivision 1.  [GENERALLY.] A person is guilty of 
312.32  intentionally causing distress and may be punished as provided 
312.33  in section 609D.715 if the person does any of the following with 
312.34  intent to abuse, disturb, or cause distress: 
312.35     (a) repeatedly makes telephone calls, whether or not 
312.36  conversation ensues; or 
313.1      (b) makes or causes the telephone of another repeatedly or 
313.2   continuously to ring; or 
313.3      (c) repeatedly uses the mails or repeatedly delivers 
313.4   letters, telegrams, or packages. 
313.5      Subd. 2.  [RETURNING TO PREMISES.] A person is guilty of 
313.6   intentionally causing distress and may be punished as provided 
313.7   in section 609D.715 if the person returns to the property of 
313.8   another with the intent to abuse, disturb, or cause distress in 
313.9   or threaten another, after being told to leave the property and 
313.10  not to return, if the actor is without claim of right to the 
313.11  property or consent of one with authority to consent. 
313.12     Subd. 3.  [ALLOWING UNLAWFUL USE OF TELEPHONE.] A person is 
313.13  guilty of intentionally causing distress and may be punished as 
313.14  provided in section 609D.715 if the person, having control of a 
313.15  telephone, knowingly permits it to be used in violation of 
313.16  subdivision 1, paragraph (a) or (b). 
313.17     Subd. 4.  [PROSECUTION.] Violation of subdivision 1, 
313.18  paragraph (a) or (b) or subdivision 3 may be prosecuted either 
313.19  at the place where the telephone call is made or where it is 
313.20  received. 
313.21     Sec. 57.  [609D.715] [FIRST DEGREE MISDEMEANOR 
313.22  INTENTIONALLY CAUSING DISTRESS.] 
313.23     Whoever violates section 609D.71 is guilty of a first 
313.24  degree misdemeanor. 
313.25     Sec. 58.  [609D.73] [LETTER OR PACKAGE INTRUSION.] 
313.26     A person is guilty of letter or package intrusion and may 
313.27  be punished as provided in section 609D.735 if the person: 
313.28     (a) knowing that the actor does not have the consent of 
313.29  either the sender or the addressee, intentionally opens any 
313.30  sealed letter, telegram, or package addressed to another; or 
313.31     (b) knowing that a sealed letter, telegram, or package has 
313.32  been opened without the consent of either the sender or 
313.33  addressee, intentionally publishes any of the contents thereof. 
313.34     Sec. 59.  [609D.735] [SECOND DEGREE MISDEMEANOR LETTER OR 
313.35  PACKAGE INTRUSION.] 
313.36     Whoever violates section 609D.73 is guilty of a second 
314.1   degree misdemeanor. 
314.2      Sec. 60.  [609D.75] [OBSCENE TELEPHONE CALL.] 
314.3      Subdivision 1.  [UNLAWFUL CONDUCT.] A person is guilty of 
314.4   obscene telephone call if the person by means of a telephone 
314.5   makes any comment, request, suggestion or proposal that is 
314.6   obscene, lewd, or lascivious. 
314.7      Subd. 2.  [ALLOWING UNLAWFUL USE OF TELEPHONE.] A person is 
314.8   guilty of obscene telephone call and may be punished as provided 
314.9   in section 609D.715 if the person, having control of a 
314.10  telephone, knowingly permits it to be used in violation of 
314.11  subdivision 1. 
314.12     Subd. 3.  [PROSECUTION.] Violation of this section may be 
314.13  prosecuted either at the place where the telephone call is made 
314.14  or where it is received. 
314.15     Sec. 61.  [609D.755] [SECOND DEGREE MISDEMEANOR OBSCENE 
314.16  TELEPHONE CALL.] 
314.17     Whoever violates section 609D.75 is guilty of a second 
314.18  degree misdemeanor. 
314.19     Sec. 62.  [609D.77] [INTRUSIVE OBSERVATION.] 
314.20     Subdivision 1.  [ACTS CONSTITUTING.] A person is guilty of 
314.21  intrusive observation and may be sentenced as provided in 
314.22  section 609D.773 or 609D.775 if the person, with intent to 
314.23  intrude upon or interfere with the privacy of another, does any 
314.24  of the following: 
314.25     (a) enters upon another's property and surreptitiously 
314.26  gazes, stares, or peeps in the window or any other aperture of a 
314.27  house or place of dwelling of another; 
314.28     (b) enters upon another's property and surreptitiously 
314.29  installs or uses any device for observing, photographing, 
314.30  recording, amplifying, or broadcasting sounds or events through 
314.31  the window or any other aperture of a house or place of dwelling 
314.32  of another; 
314.33     (c) surreptitiously gazes, stares, or peeps in the window 
314.34  or other aperture of a sleeping room in a hotel, as defined in 
314.35  section 327.70, subdivision 3, a tanning booth, or other place 
314.36  where a reasonable person would have an expectation of privacy 
315.1   and has exposed or is likely to expose their intimate parts, or 
315.2   the clothing covering the immediate area of the intimate parts; 
315.3   or 
315.4      (d) surreptitiously installs or uses any device for 
315.5   observing, photographing, recording, amplifying, or broadcasting 
315.6   sounds or events through the window or other aperture of a 
315.7   sleeping room in a hotel, as defined in section 327.70, 
315.8   subdivision 3, a tanning booth, or other place where a 
315.9   reasonable person would have an expectation of privacy and has 
315.10  exposed or is likely to expose their intimate parts, or the 
315.11  clothing covering the immediate area of the intimate parts. 
315.12     Subd. 2.  [EXCEPTIONS.] (a) Subdivision 1, paragraphs (b) 
315.13  and (d), do not apply to law enforcement officers or corrections 
315.14  investigators, or to those acting under their direction, while 
315.15  engaged in the performance of their lawful duties. 
315.16     (b) Subdivision 1, paragraphs (c) and (d), do not apply to 
315.17  conduct in: 
315.18     (1) a medical facility; or 
315.19     (2) a commercial establishment if the owner of the 
315.20  establishment has posted conspicuous signs warning that the 
315.21  premises are under surveillance by the owner or the owner's 
315.22  employees. 
315.23     Sec. 63.  [609D.773] [GROSS MISDEMEANOR INTRUSIVE 
315.24  OBSERVATION.] 
315.25     Whoever violates section 609D.77 after a previous 
315.26  conviction under the same section or section 609D.63 
315.27  (harassment) is guilty of a gross misdemeanor. 
315.28     Sec. 64.  [609D.775] [FIRST DEGREE MISDEMEANOR INTRUSIVE 
315.29  OBSERVATION.] 
315.30     Except as provided in section 609D.773, whoever violates 
315.31  section 609D.77 is guilty of a first degree misdemeanor. 
315.32     Sec. 65.  [609D.79] [INDECENT EXPOSURE.] 
315.33     Whoever does any of the following in any public place, or 
315.34  in any place where others are present is guilty of indecent 
315.35  exposure and may be sentenced as provided in section 609D.793 or 
315.36  609D.795: 
316.1      (a) willfully and lewdly exposes the person's body, or the 
316.2   private parts thereof; 
316.3      (b) procures another to expose private parts; or 
316.4      (c) engages in any open or gross lewdness or lascivious 
316.5   behavior, or any public indecency other than behavior specified 
316.6   in this section. 
316.7      Sec. 66.  [609D.793] [GROSS MISDEMEANOR INDECENT EXPOSURE.] 
316.8      Whoever violates section 609D.79 in either of the following 
316.9   ways is guilty of a gross misdemeanor: 
316.10     (a) in the presence of a minor under the age of 16; or 
316.11     (b) after having been previously convicted of violating 
316.12  section 609D.79 or 609C.51 (criminal sexual conduct), or a 
316.13  statute from another state in conformity with either of those 
316.14  sections. 
316.15     Sec. 67.  [609D.795] [FIRST DEGREE MISDEMEANOR INDECENT 
316.16  EXPOSURE.] 
316.17     Except as provided in section 609D.793, whoever violates 
316.18  section 609D.79 is guilty of a first degree misdemeanor. 
316.19     Sec. 68.  [609D.81] [INDECENT CONDUCT IN PRESENCE OF MINOR 
316.20  UNDER AGE 16.] 
316.21     Whoever engages in masturbation or lewd exhibition of the 
316.22  genitals in the presence of a minor under the age of 16, knowing 
316.23  or having reason to know the minor is present, is guilty of 
316.24  indecent conduct in the presence of a minor and may be sentenced 
316.25  as provided in section 609D.813 or 609D.815. 
316.26     Sec. 69.  [609D.813] [FELONY INDECENT CONDUCT IN PRESENCE 
316.27  OF MINOR UNDER AGE 16.] 
316.28     A person may be sentenced to imprisonment for not more than 
316.29  five years or to payment of a fine of not more than $10,000, or 
316.30  both, if the person violates section 609D.81 after having been 
316.31  previously convicted of or adjudicated delinquent for violating 
316.32  section 609D.81 or 609D.793, paragraph (a) (indecent exposure in 
316.33  presence of minor), or a statute from another state in 
316.34  conformity with either section. 
316.35     Sec. 70.  [609D.815] [GROSS MISDEMEANOR INDECENT CONDUCT IN 
316.36  PRESENCE OF MINOR UNDER AGE 16.] 
317.1      Except as provided in section 609D.813, whoever violates 
317.2   section 609D.81 is guilty of a gross misdemeanor. 
317.3      Sec. 71.  [609D.83] [SEX OFFENDER ASSESSMENT.] 
317.4      Section 609C.59 (sex offender assessment) applies when a 
317.5   person is convicted of a violation of sections 609D.75 to 
317.6   609D.81 (obscene telephone call, intrusive observation, indecent 
317.7   exposure, or sexual conduct in presence of minor under 16) or 
317.8   another offense arising out of a charge based on any of those 
317.9   sections. 
317.10                         HARM CAUSED BY DOG 
317.11     Sec. 72.  [609D.87] [HARM CAUSED BY DOG.] 
317.12     Subdivision 1.  [BODILY HARM CAUSED BY DANGEROUS DOG.] If 
317.13  the owner of a dangerous dog, as defined under section 347.50, 
317.14  subdivision 2, has been convicted under section 347.55 
317.15  (regulation of dangerous dogs), and the same dog causes bodily 
317.16  harm to a person other than the owner, the owner is guilty of 
317.17  harm caused by a dog and may be sentenced as provided in section 
317.18  609D.873. 
317.19     Subd. 2.  [GREAT OR SUBSTANTIAL BODILY HARM.] Whoever 
317.20  causes great or substantial bodily harm to another by either of 
317.21  the following means is guilty of harm caused by a dog and may be 
317.22  sentenced as provided in section 609D.873 or 609D.875: 
317.23     (a) negligently or intentionally permitting a dog to run 
317.24  uncontrolled off the owner's premises; or 
317.25     (b) negligently failing to keep a dog properly confined. 
317.26     Subd. 3.  [DEFENSE.] If proven by a preponderance of the 
317.27  evidence, it is an affirmative defense to liability under this 
317.28  section that the victim provoked the dog to cause the victim's 
317.29  bodily harm. 
317.30     Sec. 73.  [609D.873] [FIRST DEGREE MISDEMEANOR HARM CAUSED 
317.31  BY DOG.] 
317.32     A person is guilty of a first degree misdemeanor if the 
317.33  person is convicted: 
317.34     (a) of violating section 609D.87, subdivision 1; or 
317.35     (b) of a second or subsequent violation of section 609D.87, 
317.36  subdivision 2, involving the same dog. 
318.1      Sec. 74.  [609D.875] [SECOND DEGREE MISDEMEANOR HARM CAUSED 
318.2   BY DOG.] 
318.3      Except as provided in section 609D.873, whoever violates 
318.4   section 609D.87, subdivision 2, is guilty of a second degree 
318.5   misdemeanor. 
318.6      Sec. 75.  [609D.89] [DANGEROUS ANIMAL DESTROYED.] 
318.7      When a person has been charged with a violation of section 
318.8   609C.155, subdivision 1, paragraph (d) (second degree 
318.9   manslaughter by animal), or 609D.873, the court shall order that 
318.10  the animal that caused the death or injury be seized by the 
318.11  appropriate local law enforcement agency.  The animal shall be 
318.12  killed in a proper and humane manner if the person has been 
318.13  convicted of the crime for which the animal was seized.  The 
318.14  owner of the animal shall pay the cost of confining and killing 
318.15  the animal.  This section does not preempt local ordinances with 
318.16  more restrictive provisions. 
318.17                             ARTICLE 8
318.18                          WEAPONS OFFENSES 
318.19                         GENERAL PROVISIONS 
318.20     Section 1.  [609E.01] [SPECIAL DEFINITIONS FOR CHAPTER.] 
318.21     Subdivision 1.  [TERMS.] For purposes of this chapter, 
318.22  unless the language or context clearly indicates that a 
318.23  different meaning is intended, the terms defined in this section 
318.24  shall have the meanings ascribed to them. 
318.25     Subd. 2.  [ANTIQUE FIREARM.] "Antique firearm" means: 
318.26     (a) any firearm, including any pistol, with a matchlock, 
318.27  flintlock, percussion cap, or similar type of ignition system, 
318.28  manufactured before 1899; and 
318.29     (b) any replica of any firearm described in paragraph (a) 
318.30  if the replica: 
318.31     (1) is not designed or redesigned, made or remade, or 
318.32  intended to fire conventional rimfire or conventional centerfire 
318.33  ammunition; or 
318.34     (2) uses conventional rimfire or conventional centerfire 
318.35  ammunition that is not readily available in the ordinary 
318.36  channels of commercial trade. 
319.1      Subd. 3.  [AUTHORIZED TEAR GAS COMPOUND.] "Authorized tear 
319.2   gas compound" means a lachrymator or any substance composed of a 
319.3   mixture of a lachrymator including chloroacetophenone, 
319.4   alpha-chloroacetophenone, phenylchloromethylketone, 
319.5   orthochlorobenzalmalononitrile or oleoresin capsicum, commonly 
319.6   known as tear gas. 
319.7      Subd. 4.  [FIREARMS DEALER.] "Firearms dealer" means a 
319.8   dealer federally licensed to sell pistols who operates a retail 
319.9   business in which pistols are sold from a permanent business 
319.10  location other than the dealer's home. 
319.11     Subd. 5.  [LARGE FIREARMS DEALER.] "Large firearms dealer" 
319.12  means a firearms dealer who operates a retail business at which 
319.13  more than 50 pistols are displayed for sale at any time. 
319.14     Subd. 6.  [MACHINE GUN.] "Machine gun" means any firearm 
319.15  designed to discharge, or capable of discharging automatically 
319.16  more than once by a single function of the trigger. 
319.17     Subd. 7.  [MACHINE GUN CONVERSION KIT.] (a) "Machine gun 
319.18  conversion kit" means any part or combination of parts designed 
319.19  and intended for use in converting a weapon into a machine gun, 
319.20  and any combination of parts from which a machine gun can be 
319.21  assembled. 
319.22     Subd. 8.  [SATURDAY NIGHT SPECIAL PISTOL.] (a) "Saturday 
319.23  night special pistol" means a pistol having a frame, barrel, 
319.24  cylinder, slide, or breechblock: 
319.25     (1) of any material having a melting point (liquidus) of 
319.26  less than 1,000 degrees Fahrenheit; 
319.27     (2) of any material having an ultimate tensile strength of 
319.28  less than 55,000 pounds per square inch; or 
319.29     (3) of any powdered metal having a density of less than 7.5 
319.30  grams per cubic centimeter. 
319.31     (b) "Saturday night special pistol" does not include: 
319.32     (1) an antique firearm; 
319.33     (2) a pistol for which the propelling force is carbon 
319.34  dioxide, air, or other vapor; or 
319.35     (3) a child's pop gun or toy. 
319.36     Subd. 9.  [SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON.] 
320.1   (a) "Semiautomatic military-style assault weapon" means: 
320.2      (1) any of the following firearms: 
320.3      (i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type; 
320.4      (ii) Beretta AR-70 and BM-59 semiautomatic rifle types; 
320.5      (iii) Colt AR-15 semiautomatic rifle type; 
320.6      (iv) Daewoo Max-1 and Max-2 semiautomatic rifle types; 
320.7      (v) Famas MAS semiautomatic rifle type; 
320.8      (vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic 
320.9   rifle types; 
320.10     (vii) Galil semiautomatic rifle type; 
320.11     (viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic 
320.12  rifle types; 
320.13     (ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and 
320.14  carbine types; 
320.15     (x) Intratec TEC-9 semiautomatic pistol type; 
320.16     (xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle 
320.17  types; 
320.18     (xii) SKS with detachable magazine semiautomatic rifle 
320.19  type; 
320.20     (xiii) Steyr AUG semiautomatic rifle type; 
320.21     (xiv) Street Sweeper and Striker-12 revolving-cylinder 
320.22  shotgun types; 
320.23     (xv) USAS-12 semiautomatic shotgun type; 
320.24     (xvi) Uzi semiautomatic pistol and carbine types; or 
320.25     (xvii) Valmet M76 and M78 semiautomatic rifle types; 
320.26     (2) any firearm that is another model made by the same 
320.27  manufacturer as one of the firearms listed in clause (1), and 
320.28  has the same action design as one of the listed firearms, and: 
320.29     (i) is a redesigned, renamed, or renumbered version of one 
320.30  of the firearms listed in clause (1); or 
320.31     (ii) has a slight modification or enhancement, including 
320.32  but not limited to a folding or retractable stock; adjustable 
320.33  sight; case deflector for left-handed shooters; shorter barrel; 
320.34  wooden, plastic, or metal stock; larger clip size; different 
320.35  caliber; or a bayonet mount; and 
320.36     (3) any firearm that has been manufactured or sold by 
321.1   another company under a licensing agreement with a manufacturer 
321.2   of one of the firearms listed in clause (1) entered into after 
321.3   August 1, 1993, to manufacture or sell firearms that are 
321.4   identical or nearly identical to those listed in clause (1), or 
321.5   described in clause (2), regardless of the company of production 
321.6   or country of origin. 
321.7      (b) The weapons listed in paragraph (a), clause (1), except 
321.8   those listed in items (iii), (ix), (x), (xiv), and (xv), are the 
321.9   weapons the importation of which was barred by the Bureau of 
321.10  Alcohol, Tobacco, and Firearms of the United States Department 
321.11  of the Treasury in July 1989. 
321.12     (c) Except as otherwise specifically provided in United 
321.13  States Code, title 18, section 925, paragraph (d), a firearm is 
321.14  not a semiautomatic military-style assault weapon if it is 
321.15  generally recognized as particularly suitable for or readily 
321.16  adaptable to sporting purposes under United States Code, title 
321.17  18, section 925, paragraph (d)(3), or any regulations adopted 
321.18  pursuant to that law. 
321.19     (d) By August 1 of each year, the superintendent of the 
321.20  bureau of criminal apprehension shall publish a current 
321.21  authoritative list of the firearms included within the 
321.22  definition of semiautomatic military-style assault weapon under 
321.23  this section.  Dealers, purchasers, and other persons may rely 
321.24  on the list in complying with this chapter. 
321.25     Subd. 10.  [SHORT-BARRELED SHOTGUN.] "Short-barreled 
321.26  shotgun" means: 
321.27     (a) a shotgun having one or more barrels less than 18 
321.28  inches in length; and 
321.29     (b) any weapon made from a shotgun if the weapon as 
321.30  modified has an overall length less than 26 inches. 
321.31     Subd. 11.  [SMALL FIREARMS DEALER.] "Small firearms dealer" 
321.32  means a firearms dealer who operates a retail business at which 
321.33  no more than 50 pistols are displayed for sale at any time. 
321.34     Sec. 2.  [609E.03] [PERMISSIVE INFERENCE OF KNOWING 
321.35  POSSESSION.] 
321.36     Subdivision 1.  [FIREARM IN AUTOMOBILE.] The presence of a 
322.1   firearm in a passenger automobile permits the factfinder to 
322.2   infer knowing possession of the firearm by the driver or person 
322.3   in control of the automobile when the firearm was in the 
322.4   automobile. 
322.5      Subd. 2.  [INFERENCE INAPPLICABLE.] The inference does not 
322.6   apply: 
322.7      (a) to a licensed operator of an automobile who is at the 
322.8   time operating it for hire in the lawful and proper pursuit of 
322.9   the operator's trade; 
322.10     (b) to any person in the automobile if one of them legally 
322.11  possesses a firearm; or 
322.12     (c) when the firearm is concealed on the person of one of 
322.13  the occupants. 
322.14     Sec. 3.  [609E.05] [CERTAIN POSSESSING EXEMPTED.] 
322.15     Nothing in this chapter prohibits the possession of the 
322.16  articles mentioned by museums or collectors of art or for other 
322.17  lawful purposes of public exhibition. 
322.18     Sec. 4.  [609E.07] [SECURITY AND SAFETY MEASURES FOR 
322.19  FIREARMS DEALERS.] 
322.20     Subdivision 1.  [SECURITY MEASURES REQUIRED.] After 
322.21  business hours when the place of business of a small firearms 
322.22  dealer is unattended, the dealer shall place all pistols that 
322.23  are located in the dealer's place of business in a locked safe 
322.24  or locked steel gun cabinet, or on a locked, hardened steel rod 
322.25  or cable that runs through the pistol's trigger guards.  The 
322.26  safe, gun cabinet, rod, or cable must be anchored to prevent its 
322.27  removal from the premises. 
322.28     Subd. 2.  [SECURITY STANDARDS.] (a) The commissioner of 
322.29  public safety shall adopt standards specifying minimum security 
322.30  requirements for small and large firearms dealers.  All firearms 
322.31  dealers shall comply with the standards. 
322.32     (b) The standards may provide for: 
322.33     (1) alarm systems for small and large firearms dealers; 
322.34     (2) site hardening and other necessary and effective 
322.35  security measures required for large firearms dealers; 
322.36     (3) a system of inspections, during normal business hours, 
323.1   by local law enforcement officials for compliance with the 
323.2   standards; and 
323.3      (4) other reasonable requirements necessary and effective 
323.4   to reduce the risk of burglaries at firearms dealers' business 
323.5   establishments. 
323.6      Subd. 3.  [NOTICE REQUIRED.] In each business location 
323.7   where firearms are sold by a firearms dealer, the dealer shall 
323.8   post in a conspicuous location the following warning in block 
323.9   letters not less than one inch in height: "IT IS UNLAWFUL TO 
323.10  STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS."
323.11     Sec. 5.  [609E.075] [INFRACTION FAILING TO POST NOTICE.] 
323.12     A person who violates the provisions of section 609E.07, 
323.13  subdivision 3, is guilty of an infraction. 
323.14                   POSSESSING DANGEROUS ARTICLES 
323.15     Sec. 6.  [609E.11] [POSSESSING DANGEROUS ARTICLE FOR USE AS 
323.16  WEAPON.] 
323.17     It is unlawful for any person to possess any dangerous 
323.18  article or substance for the purpose of being used unlawfully as 
323.19  a weapon against another. 
323.20     Sec. 7.  [609E.113] [GROSS MISDEMEANOR POSSESSING DANGEROUS 
323.21  ARTICLE.] 
323.22     Except as provided in section 609E.115, paragraph (a), a 
323.23  person who violates section 609E.11 is guilty of a gross 
323.24  misdemeanor if the act is committed in a public housing zone, a 
323.25  school zone, or a park zone. 
323.26     Sec. 8.  [609E.115] [FIRST DEGREE MISDEMEANOR POSSESSING 
323.27  DANGEROUS ARTICLE.] 
323.28     A person who violates section 609E.11 is guilty of a first 
323.29  degree misdemeanor if: 
323.30     (a) the act is committed on residential premises within a 
323.31  public housing zone, a school zone, or a park zone and the 
323.32  offender is an owner, tenant, or invitee for a lawful purpose 
323.33  with respect to those residential premises; or 
323.34     (b) the act is not committed within a public housing zone, 
323.35  a school zone, or a park zone. 
323.36             POSSESSING AND CARRYING IN CERTAIN PLACES 
324.1      Sec. 9.  [609E.21] [POSSESSING OR USING DANGEROUS WEAPON ON 
324.2   SCHOOL PROPERTY.] 
324.3      Subdivision 1.  [UNLAWFUL ACTS.] It is unlawful to commit 
324.4   any of the following acts on school property: 
324.5      (a) possess, store, or keep a dangerous weapon; 
324.6      (b) use or brandish a replica firearm or a BB gun; or 
324.7      (c) possess, store, or keep a replica firearm or a BB gun. 
324.8      Subd. 2.  [EXCEPTIONS.] This section does not apply to: 
324.9      (a) licensed peace officers, military personnel, or 
324.10  students participating in military training, who are performing 
324.11  official duties; 
324.12     (b) persons who carry pistols according to the terms of a 
324.13  permit; 
324.14     (c) persons who keep or store in a motor vehicle pistols in 
324.15  accordance with section 609E.81, subdivision 4 (antique firearms 
324.16  exception) or 609E.85 (permit to carry pistol) or other firearms 
324.17  in accordance with section 97B.045 (transportation of firearms); 
324.18     (d) firearm safety or marksmanship courses or activities 
324.19  conducted on school property; 
324.20     (e) possession of dangerous weapons, BB guns, or replica 
324.21  firearms by a ceremonial color guard; 
324.22     (f) a gun or knife show held on school property; or 
324.23     (g) possession of dangerous weapons, BB guns, or replica 
324.24  firearms with written permission of the principal. 
324.25     Sec. 10.  [609E.213] [FELONY POSSESSING OR USING ON SCHOOL 
324.26  PROPERTY.] 
324.27     A person who violates section 609E.21, subdivision 1, 
324.28  paragraph (a) or (b), may be sentenced to imprisonment for not 
324.29  more than two years or to payment of a fine of not more than 
324.30  $4,000, or both. 
324.31     Sec. 11.  [609E.215] [GROSS MISDEMEANOR POSSESSING ON 
324.32  SCHOOL PROPERTY.] 
324.33     A person who violates section 609E.21, subdivision 1, 
324.34  paragraph (c), is guilty of a gross misdemeanor.  
324.35     Sec. 12.  [609E.23] [POSSESSING DANGEROUS WEAPON IN 
324.36  COURTHOUSE OR STATE BUILDING.] 
325.1      Subdivision 1.  [UNLAWFUL ACTS.] It is unlawful to: 
325.2      (a) possess a dangerous weapon, ammunition, or explosives 
325.3   within any courthouse complex; or 
325.4      (b) possess a dangerous weapon, ammunition, or explosives 
325.5   in any state building within the capitol area described in 
325.6   section 15.50, other than the National Guard Armory. 
325.7      Subd. 2.  [EXCEPTIONS.] Unless a person is otherwise 
325.8   prohibited or restricted by other law to possess a dangerous 
325.9   weapon, this section does not apply to: 
325.10     (a) licensed peace officers or military personnel who are 
325.11  performing official duties; 
325.12     (b) persons who carry pistols according to the terms of a 
325.13  permit issued under section 609E.85 and who so notify the 
325.14  sheriff or the commissioner of public safety, as appropriate; 
325.15     (c) persons who possess dangerous weapons for the purpose 
325.16  of display as demonstrative evidence during testimony at a trial 
325.17  or hearing or exhibition in compliance with advance notice and 
325.18  safety guidelines set by the sheriff or the commissioner of 
325.19  public safety; or 
325.20     (d) persons who possess dangerous weapons in a courthouse 
325.21  complex with the express consent of the county sheriff or who 
325.22  possess dangerous weapons in a state building with the express 
325.23  consent of the commissioner of public safety. 
325.24     Sec. 13.  [609E.235] [FELONY POSSESSING IN COURTHOUSE OR 
325.25  STATE BUILDING.] 
325.26     A person who violates section 609E.23 may be sentenced to 
325.27  imprisonment for not more than five years or to payment of a 
325.28  fine of not more than $10,000, or both. 
325.29     Sec. 14.  [609E.25] [CARRYING RIFLE OR SHOTGUN IN PUBLIC 
325.30  PLACE.] 
325.31     Subdivision 1.  [SPECIAL DEFINITION OF CARRY.] As used in 
325.32  this section, "carry" does not include: 
325.33     (a) the carrying of a BB gun, rifle, or shotgun to, from, 
325.34  or at a place where firearms are repaired, bought, sold, traded, 
325.35  or displayed, or where hunting, target shooting, or other lawful 
325.36  activity involving firearms occurs, or at funerals, parades, or 
326.1   other lawful ceremonies; 
326.2      (b) the carrying by a person of a BB gun, rifle, or shotgun 
326.3   that is unloaded and in a gun case expressly made to contain a 
326.4   firearm, if the case fully encloses the firearm by being zipped, 
326.5   snapped, buckled, tied, or otherwise fastened, and no portion of 
326.6   the firearm is exposed; 
326.7      (c) the carrying of a BB gun, rifle, or shotgun by a person 
326.8   who has a permit under section 609E.85; 
326.9      (d) the carrying of an antique firearm as a curiosity or 
326.10  for its historical significance or value; or 
326.11     (e) the transporting of a BB gun, rifle, or shotgun in 
326.12  compliance with section 97B.045 (transportation of firearms). 
326.13     Subd. 2.  [UNLAWFUL ACT.] It is unlawful to carry a BB gun, 
326.14  rifle, or shotgun on or about the person in a public place. 
326.15     Subd. 3.  [EXCEPTIONS.] This section does not apply to 
326.16  officers, employees, or agents of law enforcement agencies or 
326.17  the armed forces of this state or the United States, or private 
326.18  detectives or protective agents, to the extent that these 
326.19  persons are authorized by law to carry firearms and are acting 
326.20  in the scope of their official duties. 
326.21     Sec. 15.  [609E.253] [FELONY CARRYING IN PUBLIC PLACE.] 
326.22     A person under the age of 21 who violates section 609E.25 
326.23  by carrying a semiautomatic military-style assault weapon may be 
326.24  sentenced to imprisonment for not more than five years or to 
326.25  payment of a fine of not more than $10,000, or both. 
326.26     Sec. 16.  [609E.255] [GROSS MISDEMEANOR CARRYING IN PUBLIC 
326.27  PLACE.] 
326.28     Except as provided in section 609E.253, a person who 
326.29  violates section 609E.25 is guilty of a gross misdemeanor. 
326.30                RECKLESS OR NEGLIGENT USE OF WEAPONS 
326.31     Sec. 17.  [609E.31] [RECKLESS HANDLING OR USE OF WEAPON.] 
326.32     It is unlawful to commit either of the following acts: 
326.33     (a) recklessly handle or use a gun or other dangerous 
326.34  weapon or explosive so as to endanger the safety of another; or 
326.35     (b) recklessly discharge a firearm within a city. 
326.36     Sec. 18.  [609E.313] [FIRST DEGREE FELONY RECKLESS 
327.1   DISCHARGE.] 
327.2      A person who violates section 609E.31, paragraph (b), may 
327.3   be sentenced to imprisonment for not more than five years or to 
327.4   payment of a fine of not more than $10,000, or both, if the act 
327.5   is committed in a public housing zone, a school zone, or a park 
327.6   zone. 
327.7      Sec. 19.  [609E.315] [SECOND DEGREE FELONY RECKLESS 
327.8   DISCHARGE.] 
327.9      Except as provided in section 609E.313, a person who 
327.10  violates section 609E.31, paragraph (b), may be sentenced to 
327.11  imprisonment for not more than two years or to payment of a fine 
327.12  of not more than $4,000, or both. 
327.13     Sec. 20.  [609E.317] [GROSS MISDEMEANOR RECKLESS USE.] 
327.14     Except as provided in section 609E.318(a), a person who 
327.15  violates section 609E.31, paragraph (a), is guilty of a gross 
327.16  misdemeanor if the act is committed in a public housing zone, a 
327.17  school zone, or a park zone. 
327.18     Sec. 21.  [609E.318] [FIRST DEGREE MISDEMEANOR RECKLESS 
327.19  USE.] 
327.20     A person who violates section 609E.31, paragraph (a), is 
327.21  guilty of a first degree misdemeanor if: 
327.22     (a) the act is committed on residential premises within a 
327.23  public housing zone, a school zone, or a park zone and the 
327.24  offender is an owner, tenant, or invitee for a lawful purpose 
327.25  with respect to those residential premises; or 
327.26     (b) the act is not committed within a public housing zone, 
327.27  a school zone, or a park zone. 
327.28     Sec. 22.  [609E.33] [RECKLESSLY FURNISHING FIREARM TO 
327.29  ANOTHER.] 
327.30     Subdivision 1.  [DISREGARD OF KNOWN RISK.] It is unlawful 
327.31  to recklessly furnish a person with a dangerous weapon in 
327.32  conscious disregard of a known substantial risk that the object 
327.33  will be possessed or used in furtherance of a felony-level 
327.34  disqualifying crime. 
327.35     Subd. 2.  [TRANSFERRING A FIREARM WITHOUT BACKGROUND 
327.36  CHECK.] It is unlawful for a person, other than a federally 
328.1   licensed firearms dealer, to transfer a pistol or semiautomatic 
328.2   military-style assault weapon to another without complying with 
328.3   the transfer requirements of section 609E.84, if the transferee 
328.4   possesses or uses the weapon within one year after the transfer 
328.5   in furtherance of a felony-level disqualifying crime, and if: 
328.6      (a) the transferee is prohibited from possessing the weapon 
328.7   under section 609E.82 at the time of the transfer; or 
328.8      (b) it is reasonably foreseeable at the time of the 
328.9   transfer that the transferee is likely to use or possess the 
328.10  weapon in furtherance of a felony-level disqualifying crime. 
328.11     Sec. 23.  [609E.333] [FELONY RECKLESS FURNISHING.] 
328.12     A person who violates section 609E.33, subdivision 1, may 
328.13  be sentenced to imprisonment for not more than ten years or to 
328.14  payment of a fine of not more than $20,000, or both. 
328.15     Sec. 24.  [609E.335] [GROSS MISDEMEANOR TRANSFER WITHOUT 
328.16  BACKGROUND CHECK.] 
328.17     A person who violates section 609E.33, subdivision 2, is 
328.18  guilty of a gross misdemeanor. 
328.19     Sec. 25.  [609E.35] [RECKLESSLY DISCHARGING FIREARM DURING 
328.20  DRIVE-BY SHOOTING.] 
328.21     It is unlawful for any person, while in or having just 
328.22  exited from a motor vehicle, to recklessly discharge a firearm 
328.23  at or toward a person, another motor vehicle, or a building. 
328.24     Sec. 26.  [609E.353] [FIRST DEGREE FELONY DRIVE-BY 
328.25  SHOOTING.] 
328.26     A person who violates section 609E.35 may be sentenced to 
328.27  imprisonment for not more than five years or to payment of a 
328.28  fine of not more than $10,000, or both, if the other vehicle or 
328.29  building is occupied at the time of the violation. 
328.30     Sec. 27.  [609E.355] [SECOND DEGREE FELONY DRIVE-BY 
328.31  SHOOTING.] 
328.32     Except as provided in section 609E.353, a person who 
328.33  violates section 609E.35 may be sentenced to imprisonment for 
328.34  not more than three years or to payment of a fine of not more 
328.35  than $6,000, or both. 
328.36     Sec. 28.  [609E.37] [AIDING SHOOTING VICTIM.] 
329.1      Subdivision 1.  [DUTY OF SHOOTER.] (a) A person who 
329.2   discharges a firearm and knows or has reason to know that the 
329.3   discharge has caused bodily harm to another person, shall: 
329.4      (1) immediately investigate the extent of the person's 
329.5   injuries; and 
329.6      (2) render immediate reasonable assistance to the injured 
329.7   person. 
329.8      (b) Notwithstanding section 609A.31 (crime punishable under 
329.9   different provisions) or 609A.33 (conviction of lesser offense), 
329.10  a prosecution for or conviction under this subdivision is not a 
329.11  bar to conviction of or punishment for any other crime committed 
329.12  by the defendant as part of the same conduct. 
329.13     Subd. 2.  [DUTY OF WITNESS.] A person who witnesses the 
329.14  discharge of a firearm and knows or has reason to know that the 
329.15  discharge caused bodily harm to a person shall: 
329.16     (a) immediately investigate the extent of the injuries; and 
329.17     (b) render immediate reasonable assistance to the injured 
329.18  person. 
329.19     Subd. 3.  [DEFENSE.] It is an affirmative defense to a 
329.20  charge under this section if the defendant proves by a 
329.21  preponderance of the evidence that the defendant failed to 
329.22  investigate or render assistance as required under this section 
329.23  because the defendant reasonably perceived that these actions 
329.24  could not be taken without a significant risk of bodily harm to 
329.25  the defendant or others. 
329.26     Sec. 29.  [609E.373] [FIRST DEGREE FELONY FAILING TO AID 
329.27  SHOOTING VICTIM.] 
329.28     A person who violates section 609E.37, subdivision 1, may 
329.29  be sentenced to imprisonment for not more than two years or to 
329.30  payment of a fine of not more than $4,000, or both if the 
329.31  injured person suffered death or great bodily harm as a result 
329.32  of the discharge. 
329.33     Sec. 30.  [609E.375] [SECOND DEGREE FELONY FAILING TO AID 
329.34  SHOOTING VICTIM.] 
329.35     A person who violates section 609E.37, subdivision 1, may 
329.36  be sentenced to imprisonment for not more than one year and one 
330.1   day or to payment of a fine of not more than $3,000, or both, if 
330.2   the injured person suffered substantial bodily harm as a result 
330.3   of the discharge. 
330.4      Sec. 31.  [609E.377] [GROSS MISDEMEANOR FAILING TO AID 
330.5   SHOOTING VICTIM.] 
330.6      A person who does either of the following is guilty of a 
330.7   gross misdemeanor: 
330.8      (a) violates section 609E.37, subdivision 1, under 
330.9   circumstances not described in sections 609E.373 or 609E.375; or 
330.10     (b) violates section 609E.37, subdivision 2, and the 
330.11  defendant was, at the time of the discharge, a companion of the 
330.12  person who discharged the firearm. 
330.13     Sec. 32.  [609E.379] [SECOND DEGREE MISDEMEANOR FAILING TO 
330.14  AID SHOOTING VICTIM.] 
330.15     A person who violates section 609E.37, subdivision 2, is 
330.16  guilty of a second degree misdemeanor if the defendant was not, 
330.17  at the time of the discharge, a companion of the person who 
330.18  discharged the firearm. 
330.19     Sec. 33.  [609E.39] [SHOOTING AT OR IN TRANSIT VEHICLE OR 
330.20  FACILITY.] 
330.21     It is unlawful for any person to recklessly discharge a 
330.22  firearm at or in any portion of a public transit vehicle or 
330.23  facility. 
330.24     Sec. 34.  [609E.393] [FIRST DEGREE FELONY SHOOTING AT OR IN 
330.25  TRANSIT VEHICLE OR FACILITY.] 
330.26     A person who violates section 609E.39 may be sentenced to 
330.27  imprisonment for not more than five years or to payment of a 
330.28  fine of not more than $10,000, or both, if the transit vehicle 
330.29  or facility is occupied by any person other than the offender. 
330.30     Sec. 35.  [609E.395] [SECOND DEGREE FELONY SHOOTING AT OR 
330.31  IN TRANSIT VEHICLE OR FACILITY.] 
330.32     Except as provided in section 609E.393, a person who 
330.33  violates section 609E.39 may be sentenced to imprisonment for 
330.34  not more than three years or to payment of a fine of not more 
330.35  than $6,000, or both.  
330.36                  WEAPONS CRIMES INVOLVING MINORS 
331.1      Sec. 36.  [609E.41] [CHILD ENDANGERMENT BY FIREARM ACCESS.] 
331.2      It is unlawful to intentionally or recklessly cause a child 
331.3   under 14 years of age to be placed in a situation likely to 
331.4   cause substantial bodily harm to the child as a result of the 
331.5   child's access to a loaded firearm. 
331.6      Sec. 37.  [609E.413] [FELONY CHILD ENDANGERMENT BY FIREARM 
331.7   ACCESS.] 
331.8      A person who violates section 609E.41 and causes 
331.9   substantial bodily harm to the child, the person may be 
331.10  sentenced to imprisonment for not more than five years or to 
331.11  payment of a fine of not more than $10,000, or both. 
331.12     Sec. 38.  [609E.415] [GROSS MISDEMEANOR CHILD ENDANGERMENT 
331.13  BY FIREARM ACCESS.] 
331.14     Except as provided in section 609E.413, a person who 
331.15  violates section 609E.41 is guilty of a gross misdemeanor. 
331.16     Sec. 39.  [609E.43] [NEGLIGENTLY STORING FIREARM.] 
331.17     Subdivision 1.  [CRIME.] It is unlawful for any person to 
331.18  negligently store or leave a loaded firearm in a location where 
331.19  the person knows, or reasonably should know, that a child is 
331.20  likely to gain access, unless reasonable action is taken to 
331.21  secure the firearm against access by the child. 
331.22     Subd. 2.  [SPECIAL DEFINITION OF LOADED.] For purposes of 
331.23  this section, "loaded" means that the firearm has ammunition in 
331.24  the chamber or magazine, if the magazine is in the firearm, 
331.25  unless the firearm is incapable of being fired by a child who is 
331.26  likely to gain access to the firearm. 
331.27     Subd. 3.  [LIMITATIONS.] This section does not apply to a 
331.28  child's access to firearms that was obtained as a result of an 
331.29  unlawful entry. 
331.30     Sec. 40.  [609E.435] [FIRST DEGREE MISDEMEANOR NEGLIGENTLY 
331.31  STORING FIREARM.] 
331.32     A person who violates section 609E.43 is guilty of a first 
331.33  degree misdemeanor. 
331.34     Sec. 41.  [609E.45] [FURNISHING MINOR WITH FIREARM OR 
331.35  AMMUNITION.] 
331.36     Subdivision 1.  [OUTSIDE CITY.] It is unlawful to commit 
332.1   either of the following acts outside of a city: 
332.2      (a) furnish a child under 14 years of age with a firearm, 
332.3   airgun, ammunition, or explosive without the consent of the 
332.4   child's parent or guardian; or 
332.5      (b) as a parent or guardian, permit a child under 14 years 
332.6   of age to handle or use a firearm, airgun, ammunition, or 
332.7   explosive outside the parent's or guardian's presence. 
332.8      Subd. 2.  [INSIDE A CITY.] It is unlawful, in any city of 
332.9   this state, to furnish a minor with a firearm, airgun, 
332.10  ammunition, or explosive without the prior consent of the 
332.11  minor's parent or guardian or of the police department of the 
332.12  city. 
332.13     Subd. 3.  [DEFENSE.] Possession of written evidence of 
332.14  prior consent signed by the minor's parent or guardian is a 
332.15  complete defense to a charge under subdivision 1, paragraph (a), 
332.16  or 2. 
332.17     Sec. 42.  [609E.451] [FELONY FURNISHING MINOR WITH FIREARM 
332.18  OR AMMUNITION.] 
332.19     A person who violates section 609E.45, subdivision 2, may 
332.20  be sentenced to imprisonment for not more than ten years or to 
332.21  payment of a fine of not more than $20,000, or both. 
332.22     Sec. 43.  [609E.453] [GROSS MISDEMEANOR FURNISHING MINOR 
332.23  WITH FIREARM OR AMMUNITION.] 
332.24     Except as provided in section 609E.455, paragraph (a), a 
332.25  person who violates section 609E.45, subdivision 1, is guilty of 
332.26  a gross misdemeanor if the act is committed in a public housing 
332.27  zone, a school zone, or a park zone. 
332.28     Sec. 44.  [609E.455] [FIRST DEGREE MISDEMEANOR FURNISHING 
332.29  MINOR WITH FIREARM OR AMMUNITION.] 
332.30     A person who violates section 609E.45, subdivision 1, is 
332.31  guilty of a first degree misdemeanor if: 
332.32     (a) the act is committed on residential premises within a 
332.33  public housing zone, a school zone, or a park zone and the 
332.34  offender is an owner, tenant, or invitee for a lawful purpose 
332.35  with respect to those residential premises; or 
332.36     (b) the act is not committed within a public housing zone, 
333.1   a school zone, or a park zone. 
333.2      Sec. 45.  [609E.47] [DISPLAYING HANDGUN AMMUNITION.] 
333.3      Subdivision 1.  [UNLAWFUL ACTS.] Except as permitted by 
333.4   subdivision 2, it is unlawful to display centerfire 
333.5   metallic-case handgun ammunition for sale to the public in a 
333.6   manner that makes the ammunition directly accessible to minors, 
333.7   other than minor employees or agents of the seller. 
333.8      Subd. 2.  [EXCEPTIONS.] A person does not violate 
333.9   subdivision 1 under any of the following circumstances: 
333.10     (a) the display is under observation of the seller or the 
333.11  seller's employee or agent; 
333.12     (b) the seller takes reasonable steps to exclude underage 
333.13  persons from the immediate vicinity of the display; 
333.14     (c) the ammunition is displayed in an enclosed display case 
333.15  or behind a counter; or 
333.16     (d) the ammunition is suitable for big game hunting. 
333.17     Sec. 46.  [609E.475] [THIRD DEGREE MISDEMEANOR DISPLAYING 
333.18  HANDGUN AMMUNITION.] 
333.19     A person who violates section 609E.47 is guilty of a third 
333.20  degree misdemeanor. 
333.21                     INTENTIONAL USE OF WEAPONS 
333.22     Sec. 47.  [609E.51] [INTENTIONALLY DISCHARGING FIREARM.] 
333.23     It is unlawful to intentionally discharge a firearm under 
333.24  circumstances that endanger the safety of another. 
333.25     Sec. 48.  [609E.513] [FIRST DEGREE FELONY INTENTIONAL 
333.26  DISCHARGE.] 
333.27     A person who violates section 609E.51 may be sentenced to 
333.28  imprisonment for not more than five years or to payment of a 
333.29  fine of not more than $10,000, or both if the act is committed 
333.30  in a public housing zone, a school zone, or a park zone. 
333.31     Sec. 49.  [609E.515] [SECOND DEGREE FELONY INTENTIONAL 
333.32  DISCHARGE.] 
333.33     Except as provided in section 609E.513, a person who 
333.34  violates section 609E.51 may be sentenced to imprisonment for 
333.35  not more than two years or to payment of a fine of not more than 
333.36  $4,000, or both. 
334.1      Sec. 50.  [609E.53] [INTENTIONALLY POINTING FIREARM AT OR 
334.2   TOWARD ANOTHER.] 
334.3      It is unlawful to intentionally point a firearm, capable of 
334.4   injuring or killing a human being and whether loaded or 
334.5   unloaded, at or toward another. 
334.6      Sec. 51.  [609E.533] [GROSS MISDEMEANOR INTENTIONALLY 
334.7   POINTING FIREARM.] 
334.8      A person who violates section 609E.53 is guilty of a gross 
334.9   misdemeanor if the act is committed in a public housing zone, a 
334.10  school zone, or a park zone. 
334.11     Sec. 52.  [609E.535] [FIRST DEGREE MISDEMEANOR 
334.12  INTENTIONALLY POINTING FIREARM.] 
334.13     A person who violates section 609E.53 is guilty of a first 
334.14  degree misdemeanor if: 
334.15     (a) the act is committed on residential premises within a 
334.16  public housing zone, a school zone, or a park zone and the 
334.17  offender is an owner, tenant, or invitee for a lawful purpose 
334.18  with respect to those residential premises; or 
334.19     (b) the act is not committed within a public housing zone, 
334.20  a school zone, or a park zone. 
334.21     Sec. 53.  [609E.55] [SHOOTING AT TRAIN.] 
334.22     It is unlawful to intentionally shoot a firearm at any 
334.23  portion of a railroad train, car, caboose, engine, or moving 
334.24  equipment so as to endanger the safety of another. 
334.25     Sec. 54.  [609E.555] [GROSS MISDEMEANOR SHOOTING AT TRAIN.] 
334.26     A person who violates section 609E.55 is guilty of a gross 
334.27  misdemeanor. 
334.28                   ILLEGAL WEAPONS AND AMMUNITION 
334.29     Sec. 55.  [609E.61] [MACHINE GUNS; SHORT-BARRELED SHOTGUNS; 
334.30  CONVERSION KITS.] 
334.31     Subdivision 1.  [ACTS PROHIBITED.] Except as otherwise 
334.32  provided in this section, it is unlawful to own, possess, or 
334.33  operate a machine gun, a trigger activator or machine gun 
334.34  conversion kit, or a short-barreled shotgun. 
334.35     Subd. 2.  [USES PERMITTED.] The following persons may own 
334.36  or possess a machine gun or short-barreled shotgun if they 
335.1   comply with the reporting provisions of subdivision 3: 
335.2      (a) peace officers for use in the course of their duties; 
335.3      (b) chief executive officers of correctional facilities and 
335.4   other correctional personnel authorized by them, for use in the 
335.5   course of their duties; 
335.6      (c) persons possessing machine guns or short-barreled 
335.7   shotguns that the superintendent of the bureau of criminal 
335.8   apprehension or the superintendent's delegate has determined are 
335.9   primarily collector's items, relics, museum pieces, or objects 
335.10  of curiosity, ornaments, or keepsakes by reason of the date of 
335.11  manufacture, value, design, or other characteristics and, 
335.12  therefore, are not likely to be used as weapons; 
335.13     (d) manufacturers of ammunition who possess and use machine 
335.14  guns for the sole purpose of testing ammunition manufactured for 
335.15  sale to federal and state agencies or political subdivisions; 
335.16  and 
335.17     (e) dealers and manufacturers who are federally licensed to 
335.18  buy, sell, or manufacture machine guns or short-barreled 
335.19  shotguns and who either use the machine guns or short-barreled 
335.20  shotguns in peace officer training under courses approved by the 
335.21  board of peace officer standards and training, or are engaged in 
335.22  the sale of machine guns or short-barreled shotguns to federal 
335.23  and state agencies or political subdivisions. 
335.24     Subd. 3.  [REPORT REQUIRED.] (a) A person owning or 
335.25  possessing a machine gun or short-barreled shotgun as authorized 
335.26  by subdivision 2, paragraphs (a) to (d) shall, within ten days 
335.27  after acquiring ownership or possession, file a written report 
335.28  with the bureau of criminal apprehension, showing: 
335.29     (1) the person's name and address; 
335.30     (2) the person's official title and position, if any; 
335.31     (3) a description of the machine gun or short-barreled 
335.32  shotgun sufficient to enable identification of it; 
335.33     (4) the purpose for which it is owned or possessed; and 
335.34     (5) such further information as the bureau may reasonably 
335.35  require. 
335.36     (b) A dealer or manufacturer owning or possessing a machine 
336.1   gun or short-barreled shotgun as authorized by subdivision 2, 
336.2   paragraph (e), shall, by the tenth day of each month, file a 
336.3   written report with the bureau of criminal apprehension showing 
336.4   the name and address of the dealer or manufacturer and the 
336.5   serial number of each machine gun or short-barreled shotgun 
336.6   acquired or manufactured during the previous month. 
336.7      Subd. 4.  [EXCEPTIONS.] This section does not apply to 
336.8   members of the armed services of either the United States or the 
336.9   state of Minnesota who use machine guns or short-barreled 
336.10  shotguns in the course of their duties. 
336.11     Sec. 56.  [609E.615] [FELONY POSSESSING, USING, OR 
336.12  OPERATING MACHINE GUN, SHORT-BARRELED SHOTGUN, OR CONVERSION 
336.13  KIT.] 
336.14     A person who violates section 609E.61 may be sentenced to 
336.15  imprisonment for not more than five years or to payment of a 
336.16  fine of not more than $10,000, or both. 
336.17     Sec. 57.  [609E.63] [SELLING OR POSSESSING SILENCER.] 
336.18     It is unlawful to sell or have in possession any device 
336.19  designed to silence or muffle the discharge of a firearm. 
336.20     Sec. 58.  [609E.633] [FIRST DEGREE FELONY SELLING OR 
336.21  POSSESSING SILENCER.] 
336.22     A person who violates section 609E.63 may be sentenced to 
336.23  imprisonment for not more than five years or to payment of a 
336.24  fine of not more than $10,000, or both if the act is committed 
336.25  in a public housing zone, a school zone, or a park zone. 
336.26     Sec. 59.  [609E.635] [SECOND DEGREE FELONY SELLING OR 
336.27  POSSESSING SILENCER.] 
336.28     Except as provided in section 609E.633, a person who 
336.29  violates section 609E.63 may be sentenced to imprisonment for 
336.30  not more than two years or to payment of a fine of not more than 
336.31  $4,000, or both. 
336.32     Sec. 60.  [609E.64] [ALTERING OR REMOVING SERIAL NUMBER ON 
336.33  FIREARM.] 
336.34     Subdivision 1.  [SPECIAL DEFINITION OF SERIAL NUMBER OR 
336.35  OTHER IDENTIFICATION.] As used in this section, "serial number 
336.36  or other identification" means the serial number and other 
337.1   information required under United States Code, title 26, section 
337.2   5842, for the identification of firearms. 
337.3      Subd. 2.  [UNLAWFUL CONDUCT.] It is unlawful to commit any 
337.4   of the following acts: 
337.5      (a) obliterate, remove, change, or alter the serial number 
337.6   or other identification of a firearm; 
337.7      (b) receive or possess a firearm, the serial number or 
337.8   other identification of which has been obliterated, removed, 
337.9   changed, or altered; or 
337.10     (c) receive or possess a firearm that is not identified by 
337.11  a serial number. 
337.12     Sec. 61.  [609E.645] [FELONY REMOVING OR ALTERING SERIAL 
337.13  NUMBER.] 
337.14     A person who violates section 609E.64 may be sentenced to 
337.15  imprisonment for not more than five years or to payment of a 
337.16  fine of not more than $10,000, or both. 
337.17     Sec. 62.  [609E.65] [SATURDAY NIGHT SPECIAL PISTOL.] 
337.18     It is unlawful for: 
337.19     (a) any federally licensed firearms dealer to sell a 
337.20  Saturday Night Special Pistol; or 
337.21     (b) any person to manufacture or assemble a Saturday Night 
337.22  Special Pistol in whole or in part. 
337.23     Sec. 63.  [609E.655] [GROSS MISDEMEANOR SELLING OR 
337.24  MANUFACTURING SATURDAY NIGHT SPECIAL.] 
337.25     A person who violates section 609E.65 is guilty of a gross 
337.26  misdemeanor. 
337.27     Sec. 64.  [609E.67] [METAL-PENETRATING BULLET.] 
337.28     Subdivision 1.  [INTENT.] This section is designed to give 
337.29  peace officers and members of the National Guard and United 
337.30  States armed forces performing their official duties a 
337.31  reasonable degree of protection from penetration of quality body 
337.32  armor.  It is not the intent of this section to restrict the 
337.33  availability of ammunition for personal defense, sporting, or 
337.34  hunting purposes. 
337.35     Subd. 2.  [USE OR POSSESSION IN COMMISSION OF A CRIME.] It 
337.36  is unlawful for any person to use or possess a metal-penetrating 
338.1   bullet during the commission of a crime. 
338.2      Subd. 3.  [LOCAL REGULATION.] This section shall be 
338.3   construed to supersede any city or county regulation of 
338.4   ammunition, including its component parts. 
338.5      Sec. 65.  [609E.675] [FELONY POSSESSING METAL-PENETRATING 
338.6   BULLET.] 
338.7      A person who violates section 609E.67 may be sentenced to 
338.8   imprisonment for not more than three years or to payment of a 
338.9   fine of not more than $6,000, or both.  Any imprisonment 
338.10  sentence imposed under this section shall run consecutively to 
338.11  any sentence imposed for the other crime. 
338.12     Sec. 66.  [609E.69] [OTHER ILLEGAL WEAPONS.] 
338.13     Subdivision 1.  [SPRING GUNS.] It is unlawful to set a 
338.14  spring gun, pitfall, deadfall, snare, or other like dangerous 
338.15  weapon or device. 
338.16     Subd. 2.  [OTHER ILLEGAL WEAPONS.] It is unlawful to: 
338.17     (a) manufacture or sell for any unlawful purpose any weapon 
338.18  known as a slungshot or sand club; or 
338.19     (b) manufacture, transfer, or possess metal knuckles or a 
338.20  switch blade knife opening automatically. 
338.21     Sec. 67.  [609E.693] [GROSS MISDEMEANOR ILLEGAL WEAPON.] 
338.22     A person who violates section 609E.69, subdivision 2, is 
338.23  guilty of a gross misdemeanor if the act is committed in a 
338.24  public housing zone, a school zone, or a park zone. 
338.25     Sec. 68.  [609E.695] [FIRST DEGREE MISDEMEANOR ILLEGAL 
338.26  WEAPON.] 
338.27     A person is guilty of a first degree misdemeanor if the 
338.28  person violates section 609E.69, subdivision 2, and either: 
338.29     (1) the act is committed on residential premises within a 
338.30  public housing zone, a school zone, or a park zone and the 
338.31  offender is an owner, tenant, or invitee for a lawful purpose 
338.32  with respect to those residential premises; or 
338.33     (2) the act is not committed within a public housing zone, 
338.34  a school zone, or a park zone. 
338.35     Sec. 69.  [609E.697] [SECOND DEGREE MISDEMEANOR ILLEGAL 
338.36  WEAPON.] 
339.1      A person who violates section 609E.69, subdivision 1, is 
339.2   guilty of a second degree misdemeanor. 
339.3                CIVIL DISORDER; EXPLOSIVES; TEAR GAS; 
339.4                  ELECTRONIC INCAPACITATION DEVICES 
339.5      Sec. 70.  [609E.71] [CIVIL DISORDER.] 
339.6      Subdivision 1.  [SPECIAL DEFINITION OF CIVIL DISORDER.] For 
339.7   purposes of this section, "civil disorder" means any public 
339.8   disturbance involving acts of violence by assemblages of three 
339.9   or more persons, which causes an immediate danger of or results 
339.10  in damage or injury to the property or person of any other 
339.11  individual. 
339.12     Subd. 2.  [PROHIBITED ACTS.] It is unlawful to: 
339.13     (a) teach or demonstrate to any other person how to use or 
339.14  make any firearm, or explosive or incendiary device capable of 
339.15  causing injury or death, knowing or having reason to know that 
339.16  it will be unlawfully employed for use in, or in furtherance of, 
339.17  a civil disorder; or 
339.18     (b) assemble with one or more persons for the purpose of 
339.19  training with, practicing with, or being instructed in the use 
339.20  of any firearm, or explosive or incendiary device capable of 
339.21  causing injury or death, with the intent that it be unlawfully 
339.22  employed for use in, or in furtherance of, a civil disorder. 
339.23     Subd. 3.  [EXCEPTION FOR PEACE OFFICERS AND MILITARY.] This 
339.24  section does not apply to a peace officer or a member of the 
339.25  National Guard or United States armed forces engaged in the 
339.26  lawful performance of official duties. 
339.27     Sec. 71.  [609E.715] [GROSS MISDEMEANOR CIVIL DISORDER.] 
339.28     A person who violates section 609E.71 is guilty of a gross 
339.29  misdemeanor. 
339.30     Sec. 72.  [609E.73] [EXPLOSIVE AND INCENDIARY DEVICES.] 
339.31     Subdivision 1.  [POSSESSION BY CERTAIN PERSONS PROHIBITED.] 
339.32  It is unlawful for any of the following persons to possess or 
339.33  discharge an explosive device or incendiary device: 
339.34     (a) a person under the age of 18 years; 
339.35     (b) a person who has been convicted in this state or 
339.36  elsewhere of a disqualifying crime unless ten years have elapsed 
340.1   after the person's civil rights were restored or ten years after 
340.2   the sentence expired, whichever occurs first, and during that 
340.3   time the person has not been convicted of any other 
340.4   disqualifying crime.  For purposes of this section, 
340.5   disqualifying crime includes crimes in other states or 
340.6   jurisdictions that would have been disqualifying crimes if they 
340.7   had been committed in this state; 
340.8      (c) a person who is or has ever been confined or committed 
340.9   in Minnesota or elsewhere as a "mentally ill," "mentally 
340.10  retarded," or "mentally ill and dangerous to the public" person, 
340.11  as defined in section 253B.02, to a treatment facility, unless 
340.12  the person possesses a certificate of a medical doctor or 
340.13  psychiatrist licensed in Minnesota, or other satisfactory proof, 
340.14  that the person is no longer suffering from this disability; 
340.15     (d) a person who has been convicted in Minnesota or 
340.16  elsewhere for the unlawful use, possession, or sale of a 
340.17  controlled substance other than conviction for possession of a 
340.18  small amount of marijuana, or who is or has ever been 
340.19  hospitalized or committed for treatment for the habitual use of 
340.20  a controlled substance or marijuana, unless the person possesses 
340.21  a certificate of a medical doctor or psychiatrist licensed in 
340.22  Minnesota, or other satisfactory proof, that the person has not 
340.23  abused a controlled substance or marijuana during the previous 
340.24  two years; 
340.25     (e) a person who has been confined or committed to a 
340.26  treatment facility in Minnesota or elsewhere as "chemically 
340.27  dependent," as defined in section 253B.02, unless the person has 
340.28  completed treatment; and 
340.29     (f) a peace officer who is informally admitted to a 
340.30  treatment facility under section 253B.04 for chemical 
340.31  dependency, unless the officer possesses a certificate from the 
340.32  head of the treatment facility discharging or provisionally 
340.33  discharging the officer from the treatment facility. 
340.34     Subd. 2.  [GOOD FAITH ISSUER NOT LIABLE.] A person who in 
340.35  good faith issues a certificate to a person described in this 
340.36  subdivision to possess or use an incendiary or explosive device 
341.1   is not liable for damages resulting or arising from the actions 
341.2   or misconduct with an explosive or incendiary device committed 
341.3   by the individual who is the subject of the certificate. 
341.4      Subd. 3.  [USES PERMITTED.] (a) The following persons may 
341.5   own or possess an explosive device or incendiary device provided 
341.6   that they comply with subdivision 4: 
341.7      (1) peace officers for use in the course of their duties; 
341.8      (2) fire department personnel for use in the course of 
341.9   their duties; 
341.10     (3) corrections officers and other personnel at 
341.11  correctional facilities or institutions when used for the 
341.12  retention of persons convicted or accused of crime; 
341.13     (4) persons possessing explosive devices or incendiary 
341.14  devices that, although designed as such devices, have been 
341.15  determined by the commissioner of public safety or the 
341.16  commissioner's delegate, by reason of the date of manufacture, 
341.17  value, design, or other characteristics, to be a collector's 
341.18  item, relic, museum piece, or specifically used in a particular 
341.19  vocation or employment, such as the entertainment industry; and 
341.20     (5) dealers and manufacturers who are federally licensed or 
341.21  registered. 
341.22     (b) Persons listed in paragraph (a) shall also comply with 
341.23  the federal requirements for the registration and licensing of 
341.24  destructive devices. 
341.25     Subd. 4.  [REPORT REQUIRED.] (a) Before owning or 
341.26  possessing an explosive device or incendiary device as 
341.27  authorized by subdivision 3, a person shall file a written 
341.28  report with the department of public safety showing: 
341.29     (1) the person's name and address; 
341.30     (2) the person's title, position, and type of employment; 
341.31     (3) a description of the explosive device or incendiary 
341.32  device sufficient to enable identification of the device; 
341.33     (4) the purpose for which the device will be owned or 
341.34  possessed; 
341.35     (5) the federal license or registration number, if 
341.36  appropriate; and 
342.1      (6) other information as the department may require. 
342.2      (b) Before owning or possessing an explosive device or 
342.3   incendiary device, a dealer or manufacturer shall file a written 
342.4   report with the department of public safety showing: 
342.5      (1) the name and address of the dealer or manufacturer; 
342.6      (2) the federal license or registration number, if 
342.7   appropriate; 
342.8      (3) the general type and disposition of the device; and 
342.9      (4) other information as the department may require. 
342.10     Subd. 5.  [EXCEPTIONS.] This section does not apply to: 
342.11     (a) members of the armed forces of either the United States 
342.12  or the state of Minnesota when for use in the course of duties; 
342.13     (b) educational institutions when the devices are 
342.14  manufactured or used in conjunction with an official education 
342.15  course or program; 
342.16     (c) propellant-actuated devices, or propellant-actuated 
342.17  industrial tools manufactured, imported, or distributed for 
342.18  their intended purpose; 
342.19     (d) items that are neither designed or redesigned for use 
342.20  as explosive devices or incendiary devices; 
342.21     (e) governmental organizations using explosive devices or 
342.22  incendiary devices for agricultural purposes or control of 
342.23  wildlife; 
342.24     (f) governmental organizations using explosive devices or 
342.25  incendiary devices for official training purposes or as items 
342.26  retained as evidence; or 
342.27     (g) arsenals, navy yards, depots, or other establishments 
342.28  owned by, or operated by or on behalf of, the United States. 
342.29     Subd. 6.  [ACTS PROHIBITED.] (a) It is unlawful to possess, 
342.30  manufacture, transport, or store an explosive device or 
342.31  incendiary device in violation of this section. 
342.32     (b) It is unlawful to legally possess, manufacture, 
342.33  transport, or store an explosive device or incendiary device, 
342.34  with intent to use the device to damage property or cause injury.
342.35     (c) It is unlawful to negligently cause an explosive device 
342.36  or incendiary device to be discharged while acting with gross 
343.1   disregard for human life and property. 
343.2      Sec. 73.  [609E.733] [FIRST DEGREE FELONY USING EXPLOSIVE 
343.3   OR INCENDIARY DEVICE.] 
343.4      A person who violates section 609E.73, subdivision 6, 
343.5   paragraph (c), may be sentenced to imprisonment for not more 
343.6   than 20 years or to payment of a fine of not more than $40,000, 
343.7   or both. 
343.8      Sec. 74.  [609E.735] [SECOND DEGREE FELONY USING EXPLOSIVE 
343.9   OR INCENDIARY DEVICE.] 
343.10     A person who violates section 609E.73, subdivision 6, 
343.11  paragraph (a) or (b), may be sentenced to imprisonment for not 
343.12  more than ten years or to payment of a fine of not more than 
343.13  $20,000, or both. 
343.14     Sec. 75.  [609E.74] [AUTHORIZED POSSESSION, USE, AND SALE 
343.15  OF TEAR GAS OR ELECTRONIC INCAPACITATION DEVICE.] 
343.16     Subdivision 1.  [AUTHORIZED POSSESSION OR USE OF TEAR GAS 
343.17  COMPOUND.] A person may possess and use an authorized tear gas 
343.18  compound in the exercise of reasonable force in defense of the 
343.19  person or the person's property only if it is propelled from an 
343.20  aerosol container, labeled with or accompanied by clearly 
343.21  written instructions as to its use and the dangers involved in 
343.22  its use, and dated to indicate its anticipated useful life. 
343.23     Subd. 2.  [AUTHORIZED POSSESSION OR USE OF ELECTRONIC 
343.24  INCAPACITATION DEVICE.] A person may possess and use an 
343.25  electronic incapacitation device in the exercise of reasonable 
343.26  force in defense of the person or the person's property only if 
343.27  the electronic incapacitation device is labeled with or 
343.28  accompanied by clearly written instructions as to its use and 
343.29  the dangers involved in its use. 
343.30     Subd. 3.  [EXCEPTION FOR LAW ENFORCEMENT AND MILITARY.] 
343.31  Nothing in this section, or section 609E.75 or 609E.77, 
343.32  prohibits the possession or use of by, or the sale or furnishing 
343.33  of, tear gas, a tear gas compound, an authorized tear gas 
343.34  compound, or electronic incapacitation device to, a law 
343.35  enforcement agency, peace officer, the national guard or 
343.36  reserves, or a member of the national guard or reserves for use 
344.1   in their official duties.  However, counties and cities may 
344.2   impose licensing requirements on sellers pursuant to section 
344.3   609E.78. 
344.4      Sec. 76.  [609E.75] [PROHIBITED POSSESSION AND USE OF TEAR 
344.5   GAS AND ELECTRONIC INCAPACITATION DEVICE.] 
344.6      Subdivision 1.  [PERSONS UNDER AGE 16.] (a) It is unlawful 
344.7   for any person under the age of 16 to possess or use an 
344.8   authorized tear gas compound except by written permission of a 
344.9   parent or guardian. 
344.10     (b) It is unlawful for any person under the age of 18 to 
344.11  possess or use an electronic incapacitation device. 
344.12     Subd. 2.  [CERTAIN CONVICTED FELONS.] It is unlawful for 
344.13  any person who is prohibited from possessing a firearm pursuant 
344.14  to section 609E.82, subdivision 3, to possess or use an 
344.15  authorized tear gas compound or an electronic incapacitation 
344.16  device. 
344.17     Subd. 3.  [OTHER PROHIBITED PERSONS.] It is unlawful for 
344.18  any person who is prohibited from possessing a firearm pursuant 
344.19  to section 609E.82, subdivision 5, paragraphs (a) to (c), to 
344.20  possess or use an authorized tear gas compound or an electronic 
344.21  incapacitation device. 
344.22     Subd. 4.  [TEAR GAS.] It is unlawful for any person to 
344.23  possess or use tear gas or a tear gas compound other than an 
344.24  authorized tear gas compound. 
344.25     Subd. 5.  [PROHIBITED USE AGAINST PEACE OFFICER.] It is 
344.26  unlawful to use tear gas, a tear gas compound, an authorized 
344.27  tear gas compound, or an electronic incapacitation device on or 
344.28  against a peace officer who is in the performance of duties, if 
344.29  the actor knows or has reason to know that the person is a peace 
344.30  officer who is in the performance of duties. 
344.31     Subd. 6.  [USE OF IMMOBILIZING CONCENTRATION.] It is 
344.32  unlawful to use tear gas or a tear gas compound in an 
344.33  immobilizing concentration against another person, except as 
344.34  otherwise permitted by section 609E.74. 
344.35     Subd. 7.  [OTHER PROHIBITED USE.] It is unlawful for any 
344.36  person to use tear gas, a tear gas compound, an authorized tear 
345.1   gas compound, or an electronic incapacitation device except as 
345.2   authorized in section 609E.74. 
345.3      Sec. 77.  [609E.753] [FELONY USE OR POSSESSION.] 
345.4      A person may be sentenced to imprisonment for not more than 
345.5   five years or to payment of a fine of not more than $10,000, or 
345.6   both, if: 
345.7      (a) the person violates section 609E.75, subdivision 2 or 
345.8   4; or 
345.9      (b) the person violates section 609E.75, subdivision 5, by 
345.10  using an electronic incapacitation device against a peace 
345.11  officer. 
345.12     Sec. 78.  [609E.755] [GROSS MISDEMEANOR USE OR POSSESSION.] 
345.13     A person is guilty of a gross misdemeanor if: 
345.14     (a) the person violates section 609E.75, subdivision 7, by 
345.15  using an electronic incapacitation device; or 
345.16     (b) the person violates section 609E.75, subdivision 5, by 
345.17  using tear gas, a tear gas compound, or an authorized tear gas 
345.18  compound against a peace officer. 
345.19     Sec. 79.  [609E.757] [SECOND DEGREE MISDEMEANOR USE OR 
345.20  POSSESSION.] 
345.21     Except as provided in sections 609E.753 and 609E.755, a 
345.22  person who violates section 609E.75 is guilty of a second degree 
345.23  misdemeanor. 
345.24     Sec. 80.  [609E.77] [PROHIBITED SALE AND FURNISHING OF TEAR 
345.25  GAS OR ELECTRONIC INCAPACITATION DEVICE.] 
345.26     Subdivision 1.  [TEAR GAS.] Except as permitted by section 
345.27  609E.74, subdivision 3, it is unlawful for any person to 
345.28  knowingly furnish or sell tear gas or a tear gas compound to 
345.29  another person. 
345.30     Subd. 2.  [SALE TO CONVICTED FELON.] It is unlawful for any 
345.31  person to knowingly furnish or sell an authorized tear gas 
345.32  compound or an electronic incapacitation device to a person 
345.33  prohibited from possessing it by section 609E.75, subdivision 2. 
345.34     Subd. 3.  [SALE TO OTHER PROHIBITED PERSONS.] It is 
345.35  unlawful for any person to knowingly furnish or sell an 
345.36  authorized tear gas compound or an electronic incapacitation 
346.1   device to a person prohibited from possessing it by section 
346.2   609E.75, subdivision 1, 3, or 4. 
346.3      Subd. 4.  [NO LABELING OR INSTRUCTIONS.] It is unlawful for 
346.4   any person to knowingly furnish or sell an authorized tear gas 
346.5   compound or an electronic incapacitation device that fails to 
346.6   meet the requirements of section 609E.74, subdivision 1 or 2. 
346.7      Subd. 5.  [SALE IN LIQUOR ESTABLISHMENT.] It is unlawful to 
346.8   sell or furnish tear gas, a tear gas compound, an authorized 
346.9   tear gas compound, or an electronic incapacitation device on 
346.10  premises where 3.2 percent malt liquor as defined in section 
346.11  340A.101, subdivision 19, is sold on an on-sale basis or where 
346.12  intoxicating liquor as defined in section 340A.101, subdivision 
346.13  13, is sold on an on-sale or off-sale basis. 
346.14     Subd. 6.  [LOCAL LICENSING REQUIREMENTS.] It is unlawful 
346.15  for any person to sell tear gas, a tear gas compound, an 
346.16  authorized tear gas compound, or an electronic incapacitation 
346.17  device in violation of local licensing requirements. 
346.18     Sec. 81.  [609E.773] [FELONY SALE OR FURNISHING.] 
346.19     A person who violates section 609E.77, subdivision 2, may 
346.20  be sentenced to imprisonment for not more than five years or to 
346.21  payment of a fine of not more than $10,000, or both. 
346.22     Sec. 82.  [609E.775] [SECOND DEGREE MISDEMEANOR SALE OR 
346.23  FURNISHING.] 
346.24     Except as otherwise provided in section 609E.773, a person 
346.25  who violates section 609E.77 is guilty of a second degree 
346.26  misdemeanor. 
346.27     Sec. 83.  [609E.78] [LOCAL LICENSING OF SALES OF TEAR GAS 
346.28  AND ELECTRONIC INCAPACITATION DEVICES.] 
346.29     Subdivision 1.  [AUTHORITY.] The governing body of each 
346.30  county, city, or town in the state is authorized to license the 
346.31  business of vendors of tear gas, tear gas compounds, authorized 
346.32  tear gas compounds, or electronic incapacitation devices within 
346.33  its jurisdiction, to impose a license fee therefor, to impose 
346.34  qualifications for obtaining a license, to specify the duration 
346.35  of licenses, and to restrict the number of licenses the 
346.36  governing body will issue. 
347.1      Subd. 2.  [LICENSE APPLICATION PROCESS.] Every person 
347.2   desiring a license from a local governing body shall file with 
347.3   the city or town clerk or the county board, in the case of 
347.4   application to a county, a verified written application in the 
347.5   form prescribed by the local governing body. 
347.6      Subd. 3.  [LICENSE REVOCATION.] The local governing body 
347.7   may establish the grounds and procedures for revoking licenses 
347.8   issued pursuant to this section.  The local governing body may 
347.9   also establish penalties for sale of tear gas, tear gas 
347.10  compounds, authorized tear gas compounds, or electronic 
347.11  incapacitation devices in violation of its licensing 
347.12  requirements. 
347.13     Sec. 84.  [609E.79] [INTENTIONALLY RELEASING HARMFUL 
347.14  SUBSTANCE.] 
347.15     Subdivision 1.  [ACT PROHIBITED.] It is unlawful for any 
347.16  person to intentionally expose another or the other's property 
347.17  to an obnoxious or harmful gas, fluid, or substance, with intent 
347.18  to injure, molest, or coerce. 
347.19     Subd. 2.  [EXEMPTION.] For purposes of this section, tear 
347.20  gas, tear gas compounds, and authorized tear gas compounds shall 
347.21  not be classified as an obnoxious or harmful gas, fluid, or 
347.22  substance. 
347.23     Sec. 85.  [609E.793] [FELONY RELEASING HARMFUL SUBSTANCE.] 
347.24     A person who violates section 609E.79 and knows that doing 
347.25  so creates a risk of death or bodily harm or serious property 
347.26  damage may be sentenced to imprisonment for not more than five 
347.27  years or to payment of a fine of not more than $10,000, or both. 
347.28     Sec. 86.  [609E.795] [SECOND DEGREE MISDEMEANOR RELEASING 
347.29  HARMFUL SUBSTANCE.] 
347.30     A person who violates section 609E.79 under circumstances 
347.31  other than those described in section 609E.793 is guilty of a 
347.32  second degree misdemeanor. 
347.33                          GUN CONTROL ACT 
347.34     Sec. 87.  [609E.81] [APPLICATION OF FEDERAL LAW; 
347.35  DECLARATION OF POLICY; ANTIQUE FIREARMS EXEMPTION.] 
347.36     Subdivision 1.  [SALE AND DELIVERY TO RESIDENT OF 
348.1   CONTIGUOUS STATE.] Notwithstanding any other law to the 
348.2   contrary, it is lawful for any federally licensed importer, 
348.3   manufacturer, dealer, or collector to sell and deliver firearms 
348.4   and ammunition to a resident of a contiguous state in any 
348.5   instance where such sale and delivery is lawful under the 
348.6   federal Gun Control Act of 1968 (Public Law Number 90-618). 
348.7      Subd. 2.  [PURCHASE IN CONTIGUOUS STATE.] Notwithstanding 
348.8   any other law to the contrary, it is lawful for a resident of 
348.9   Minnesota to purchase firearms and ammunition in a contiguous 
348.10  state in any instance where such sale and delivery is lawful 
348.11  under the federal Gun Control Act of 1968 (Public Law Number 
348.12  90-618). 
348.13     Subd. 3.  [DECLARATION OF POLICY.] It is not the intent of 
348.14  the legislature to regulate shotguns, rifles and other longguns 
348.15  of the type commonly used for hunting and not defined as pistols 
348.16  or semiautomatic military-style assault weapons, or to place 
348.17  costs of administration upon those citizens who wish to possess 
348.18  or carry pistols or semiautomatic military-style assault weapons 
348.19  lawfully, or to confiscate or otherwise restrict the use of 
348.20  firearms by law-abiding citizens. 
348.21     Subd. 4.  [ANTIQUE FIREARM EXEMPTION.] Sections 609E.82 and 
348.22  609E.85 do not apply to antique firearms that are carried or 
348.23  possessed as curiosities or for their historical significance or 
348.24  value. 
348.25     Sec. 88.  [609E.82] [CERTAIN PERSONS NOT TO POSSESS 
348.26  FIREARMS.] 
348.27     Subdivision 1.  [CERTAIN OFFENDERS INELIGIBLE TO POSSESS 
348.28  PISTOL.] It is unlawful for any person specified in this 
348.29  subdivision to possess a pistol.  Property rights may not be 
348.30  abated but access may be restricted by the courts: 
348.31     (a) a person who has been convicted after August 1, 1992, 
348.32  of misdemeanor or gross misdemeanor assault committed within 
348.33  three years after a previous assault conviction, unless three 
348.34  years have elapsed after the date of the latest assault 
348.35  conviction; 
348.36     (b) a person who has been convicted after August 1, 1992, 
349.1   of assault under section 609C.217, subdivision 2, or 609C.219, 
349.2   subdivision 2 (assault against family or household member), 
349.3   unless three years have elapsed after the date of conviction; 
349.4      (c) a person who has been convicted in another state of 
349.5   committing an offense similar to the offense described in 
349.6   section 609C.217, subdivision 2, or 609C.219, subdivision 2 
349.7   (assault against family or household member), unless three years 
349.8   have elapsed after the date of conviction; or 
349.9      (d) a person who has been convicted after August 1, 1996, 
349.10  of harassment or of violating an order for protection, unless 
349.11  three years have elapsed after the date of conviction. 
349.12     Subd. 2.  [MINOR INELIGIBLE TO POSSESS PISTOL OR 
349.13  SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON.] It is unlawful for 
349.14  a person under the age of 18 years to possess a pistol or 
349.15  semiautomatic military-style assault weapon, except that a 
349.16  person under 18 may carry or possess a pistol or semiautomatic 
349.17  military-style assault weapon: 
349.18     (a) in the actual presence or under the direct supervision 
349.19  of the person's parent or guardian; 
349.20     (b) for the purpose of military drill under the auspices of 
349.21  a legally recognized military organization and under competent 
349.22  supervision; 
349.23     (c) for the purpose of instruction, competition, or target 
349.24  practice on a firing range approved by the chief of police or 
349.25  county sheriff in whose jurisdiction the range is located and 
349.26  under direct supervision; or 
349.27     (d) if the person has successfully completed a course 
349.28  designed to teach marksmanship and safety with a pistol or 
349.29  semiautomatic military-style assault weapon and approved by the 
349.30  commissioner of natural resources. 
349.31     Subd. 3.  [CERTAIN OFFENDERS INELIGIBLE TO SHIP, TRANSPORT, 
349.32  POSSESS, OR RECEIVE FIREARM.] (a) Except as provided in 
349.33  subdivision 4, it is unlawful for a person who has been 
349.34  convicted of, or adjudicated delinquent or convicted as an 
349.35  extended jurisdiction juvenile for committing, in this state or 
349.36  elsewhere, a disqualifying crime to ship, transport, possess, or 
350.1   receive any type of firearm, unless ten years have elapsed after 
350.2   the first of the following events: 
350.3      (1) the person's restoration to civil rights; or 
350.4      (2) the expiration of the sentence or disposition. 
350.5      (b) For purposes of this section, disqualifying crime 
350.6   includes a crime in another state or jurisdiction that would 
350.7   have been a disqualifying crime if it had been committed in this 
350.8   state. 
350.9      Subd. 4.  [CERTAIN OTHER OFFENDERS INELIGIBLE TO POSSESS 
350.10  FIREARM.] It is unlawful for the following persons to possess 
350.11  any type of firearm: 
350.12     (a) except as provided in subdivision 7, a person who has 
350.13  been convicted in any court of a crime punishable by 
350.14  imprisonment for a term exceeding one year; or 
350.15     (b) a person who has been convicted in this state or 
350.16  elsewhere of assaulting a family or household member, 
350.17  harassment, or violating an order for protection, if the person 
350.18  was found by the court to have used a firearm in any way during 
350.19  commission of the violation.  The possession prohibition period 
350.20  shall be for the period of time determined by the sentencing 
350.21  court. 
350.22     Subd. 5.  [OTHER PERSONS INELIGIBLE TO POSSESS FIREARM.] (a)
350.23  It is unlawful for a person specified in this paragraph to 
350.24  possess any type of firearm: 
350.25     (1) a person who is or has ever been confined in Minnesota 
350.26  or elsewhere as a "mentally ill," "mentally retarded," or 
350.27  "mentally ill and dangerous to the public" person as defined in 
350.28  section 253B.02, to a treatment facility, or who has ever been 
350.29  found incompetent to stand trial or not guilty by reason of 
350.30  mental illness, unless the person possesses a certificate of a 
350.31  medical doctor or psychiatrist licensed in Minnesota, or other 
350.32  satisfactory proof that the person is no longer suffering from 
350.33  this disability; 
350.34     (2) a person who has been convicted in Minnesota or 
350.35  elsewhere of a misdemeanor or gross misdemeanor violation of 
350.36  chapter 609F (controlled substances), or a person who is or has 
351.1   ever been hospitalized or committed for treatment for the 
351.2   habitual use of a controlled substance or marijuana, unless the 
351.3   person possesses a certificate of a medical doctor or 
351.4   psychiatrist licensed in Minnesota, or other satisfactory proof, 
351.5   that the person has not abused a controlled substance or 
351.6   marijuana during the previous two years; 
351.7      (3) a person who has been confined or committed to a 
351.8   treatment facility in Minnesota or elsewhere as "chemically 
351.9   dependent" as defined in section 253B.02, unless the person has 
351.10  completed treatment.  Property rights may not be abated but 
351.11  access may be restricted by the courts; 
351.12     (4) a peace officer who is informally admitted to a 
351.13  treatment facility pursuant to section 253B.04 for chemical 
351.14  dependency, unless the officer possesses a certificate from the 
351.15  head of the treatment facility discharging or provisionally 
351.16  discharging the officer from the treatment facility.  Property 
351.17  rights may not be abated but access may be restricted by the 
351.18  courts; 
351.19     (5) a person, including a person under the jurisdiction of 
351.20  the juvenile court, who has been charged with committing a 
351.21  disqualifying crime and has been placed in a pretrial diversion 
351.22  program by the court before disposition, until the person has 
351.23  completed the diversion program and the charge of committing the 
351.24  disqualifying crime has been dismissed; or 
351.25     (6) a person who: 
351.26     (i) is a fugitive from justice as a result of having fled 
351.27  from any state to avoid prosecution for a crime or to avoid 
351.28  giving testimony in any criminal proceeding; 
351.29     (ii) is an unlawful user of any controlled substance as 
351.30  defined in chapter 609F; 
351.31     (iii) has been judicially committed to a treatment facility 
351.32  in Minnesota or elsewhere as a "mentally ill," "mentally 
351.33  retarded," or "mentally ill and dangerous to the public" person 
351.34  as defined in section 253B.02; 
351.35     (iv) is an alien who is illegally or unlawfully in the 
351.36  United States; 
352.1      (v) has been discharged from the armed forces of the United 
352.2   States under dishonorable conditions; or 
352.3      (vi) has renounced the person's citizenship having been a 
352.4   citizen of the United States. 
352.5      (b) A person who issues a certificate pursuant to this 
352.6   subdivision in good faith is not liable for damages resulting or 
352.7   arising from the actions or misconduct with a firearm committed 
352.8   by the individual who is the subject of the certificate. 
352.9      Subd. 6.  [PERSONS CHARGED WITH CERTAIN CRIMES.] Except as 
352.10  provided in subdivision 7, it is unlawful for a person presently 
352.11  charged with a crime punishable by imprisonment for a term 
352.12  exceeding one year to receive, ship, or transport any pistol or 
352.13  semiautomatic military-style assault weapon. 
352.14     Subd. 7.  [EXEMPTIONS.] (a) The prohibitions in 
352.15  subdivisions 4, paragraph (a), and 6 do not apply to a person 
352.16  convicted of or charged with: 
352.17     (1) any federal or state offense pertaining to antitrust 
352.18  violations, unfair trade practices, restraints of trade, or 
352.19  other similar offenses relating to the regulation of business 
352.20  practices; or 
352.21     (2) any offense of another state classified by the laws of 
352.22  the state as a misdemeanor and punishable by a term of 
352.23  imprisonment of two years or less. 
352.24     (b) What constitutes a conviction of a crime within the 
352.25  meaning of subdivision 4, paragraph (a), shall be determined in 
352.26  accordance with the law of the jurisdiction in which the 
352.27  proceedings were held.  Any conviction that has been expunged, 
352.28  or set aside, or for which a person has been pardoned or has had 
352.29  civil rights restored shall not be considered a conviction for 
352.30  purposes of subdivision 4, paragraph (a), unless the pardon, 
352.31  expungement, or restoration of civil rights expressly provides 
352.32  that the person may not ship, transport, possess, or receive 
352.33  firearms. 
352.34     Subd. 8.  [NONRETROACTIVITY.] The prohibitions in 
352.35  subdivisions 3, 4, paragraph (a), and 5, relating to the 
352.36  possession of firearms other than pistols and semiautomatic 
353.1   military-style assault weapons, do not apply retroactively to a 
353.2   person who was prohibited from possessing a pistol or 
353.3   semiautomatic military-style assault weapon under former section 
353.4   624.713, subdivision 1, before August 1, 1994. 
353.5      Subd. 9.  [NOTICE TO OFFENDER.] (a) When a person is 
353.6   convicted of, or adjudicated delinquent or convicted as an 
353.7   extended jurisdiction juvenile for committing, a disqualifying 
353.8   crime, the court shall inform the defendant that the defendant 
353.9   is prohibited from shipping, possessing, or receiving any type 
353.10  of firearm until ten years after the person is restored to civil 
353.11  rights or ten years after the sentence or disposition expires, 
353.12  whichever occurs first, and that it is a felony offense to 
353.13  violate this prohibition.  The failure of the court to provide 
353.14  this information to a defendant does not affect the 
353.15  applicability of the firearm prohibition or the felony penalty 
353.16  to that defendant. 
353.17     (b) When a person, including a person under the 
353.18  jurisdiction of the juvenile court, is charged with committing a 
353.19  disqualifying crime and is placed in a pretrial diversion 
353.20  program by the court before disposition, the court shall inform 
353.21  the defendant that: 
353.22     (1) the defendant is prohibited from possessing a firearm 
353.23  until the person has completed the diversion program and the 
353.24  charge of committing a disqualifying crime has been dismissed; 
353.25     (2) it is a gross misdemeanor offense to violate this 
353.26  prohibition; and 
353.27     (3) if the defendant violates this condition of 
353.28  participation in the diversion program, the charge of committing 
353.29  a disqualifying crime may be prosecuted. 
353.30     (c) The failure of the court to provide the information 
353.31  specified in paragraph (b) to a defendant does not affect the 
353.32  applicability of the firearm possession prohibition or the gross 
353.33  misdemeanor penalty to that defendant. 
353.34     (d) When a person is convicted of a crime specified in 
353.35  subdivision 1 or 4, paragraph (b), the court shall inform the 
353.36  defendant: 
354.1      (1) whether and for how long the defendant is prohibited 
354.2   from possessing a pistol or other firearm; and 
354.3      (2) of the criminal penalty applicable to a violation of 
354.4   this possession prohibition. 
354.5      (e) The failure of the court to provide the information 
354.6   specified in paragraph (d) to a defendant does not affect the 
354.7   applicability of the firearm possession prohibition or the 
354.8   criminal penalty to that defendant. 
354.9      Sec. 89.  [609E.823] [FIRST DEGREE FELONY POSSESSING 
354.10  FIREARM.] 
354.11     A person who ships, transports, possesses, or receives any 
354.12  type of firearm in violation of section 609E.82, subdivision 3, 
354.13  may be sentenced to imprisonment for not more than 15 years or 
354.14  to payment of a fine of not more than $30,000, or both. 
354.15     Sec. 90.  [609E.825] [SECOND DEGREE FELONY POSSESSING 
354.16  FIREARM.] 
354.17     A person who possesses a pistol or semiautomatic 
354.18  military-style assault weapon in violation of section 609E.82, 
354.19  subdivision 2, may be sentenced to imprisonment for not more 
354.20  than five years or to payment of a fine of not more than 
354.21  $10,000, or both. 
354.22     Sec. 91.  [609E.827] [GROSS MISDEMEANOR POSSESSING OR 
354.23  TRANSPORTING FIREARM.] 
354.24     Except as provided in section 609E.823 or 609E.825, a 
354.25  person who violates section 609E.82 is guilty of a gross 
354.26  misdemeanor. 
354.27     Sec. 92.  [609E.83] [TRANSFEREE PERMIT.] 
354.28     Subdivision 1.  [INFORMATION.] (a) Any person may apply for 
354.29  a transferee permit by providing the following information in 
354.30  writing to the chief of police of an organized full time police 
354.31  department of the city in which the person resides or to the 
354.32  county sheriff if there is no such local chief of police: 
354.33     (1) the name, residence, telephone number and driver's 
354.34  license number or nonqualification certificate number, if any, 
354.35  of the proposed transferee; 
354.36     (2) the sex, date of birth, height, weight and color of 
355.1   eyes, and distinguishing physical characteristics, if any, of 
355.2   the proposed transferee; 
355.3      (3) a statement that the proposed transferee authorizes the 
355.4   release to the local police authority of commitment information 
355.5   about the proposed transferee maintained by the commissioner of 
355.6   human services, to the extent that the information relates to 
355.7   the proposed transferee's eligibility to possess a firearm under 
355.8   section 609E.82; and 
355.9      (4) a statement by the proposed transferee that the 
355.10  proposed transferee is not prohibited by section 609E.82 from 
355.11  possessing a pistol or semiautomatic military-style assault 
355.12  weapon. 
355.13     (b) The statements shall be signed and dated by the person 
355.14  applying for a permit.  At the time of application, the local 
355.15  police authority shall provide the applicant with a dated 
355.16  receipt for the application.  The statement under paragraph (a), 
355.17  clause (3), must comply with any applicable requirements of Code 
355.18  of Federal Regulations, title 42, sections 2.31 to 2.35, with 
355.19  respect to consent to disclosure of alcohol or drug abuse 
355.20  patient records. 
355.21     Subd. 2.  [INVESTIGATION.] The chief of police or sheriff 
355.22  shall check criminal histories, records and warrant information 
355.23  relating to the applicant through the Minnesota crime 
355.24  information system and the national criminal record repository 
355.25  and shall make a reasonable effort to check other available 
355.26  state and local recordkeeping systems.  The chief of police or 
355.27  sheriff shall obtain commitment information from the 
355.28  commissioner of human services as provided in section 245.041. 
355.29     Subd. 3.  [FORMS.] Chiefs of police and sheriffs shall make 
355.30  transferee permit application forms available throughout the 
355.31  community.  There shall be no charge for forms, reports, 
355.32  investigations, notifications, waivers or any other act 
355.33  performed or materials provided by a government employee or 
355.34  agency in connection with application for or issuance of a 
355.35  transferee permit. 
355.36     Subd. 4.  [GROUNDS FOR DISQUALIFICATION.] A determination 
356.1   by the chief of police or sheriff that the applicant is 
356.2   prohibited by section 609E.82 from possessing a pistol or 
356.3   semiautomatic military-style assault weapon shall be the only 
356.4   basis for refusal to grant a transferee permit. 
356.5      Subd. 5.  [GRANTING OF PERMITS.] The chief of police or 
356.6   sheriff shall issue a transferee permit or deny the application 
356.7   within seven days after application for the permit.  The chief 
356.8   of police or sheriff shall provide an applicant with written 
356.9   notification of a denial and the specific reason for the 
356.10  denial.  The permits and their renewal shall be granted free of 
356.11  charge. 
356.12     Subd. 6.  [PERMITS VALID STATEWIDE.] (a) Transferee permits 
356.13  issued pursuant to this section are valid statewide and shall 
356.14  expire after one year.  A transferee permit may be renewed in 
356.15  the same manner and subject to the same provisions by which the 
356.16  original permit was obtained, except that all renewed permits 
356.17  must comply with the standards adopted by the commissioner of 
356.18  public safety under section 609E.87.  Permits issued pursuant to 
356.19  this section are not transferable. 
356.20     (b) It is unlawful for a person to transfer a permit in 
356.21  violation of this subdivision. 
356.22     Subd. 7.  [PERMIT VOIDED.] The transferee permit is void at 
356.23  the time that the holder becomes prohibited from possessing a 
356.24  pistol under section 609E.82, in which event the holder shall 
356.25  return the permit within five days to the issuing authority.  It 
356.26  is unlawful for the holder to fail to return the permit within 
356.27  the five days unless the court finds that the circumstances or 
356.28  the physical or mental condition of the permit holder prevented 
356.29  the holder from complying with the return requirement. 
356.30     Subd. 8.  [HEARING UPON DENIAL.] Any person aggrieved by 
356.31  denial of a transferee permit may appeal the denial to the 
356.32  district court having jurisdiction over the county or city in 
356.33  which the denial occurred. 
356.34     Subd. 9.  [PERMIT TO CARRY.] A valid permit to carry issued 
356.35  pursuant to section 609E.85 constitutes a transferee permit for 
356.36  the purposes of this section and section 609E.84. 
357.1      Subd. 10.  [TRANSFER REPORT NOT REQUIRED.] A person who 
357.2   transfers a pistol or semiautomatic military-style assault 
357.3   weapon to a person exhibiting a valid transferee permit issued 
357.4   pursuant to this section or a valid permit to carry issued 
357.5   pursuant to section 609E.85 need not file a transfer report 
357.6   pursuant to section 609E.84, subdivision 1.  
357.7      Subd. 11.  [UNLAWFUL ACT.] It is unlawful for a person to 
357.8   make a false statement in order to obtain a transferee permit, 
357.9   knowing or having reason to know the statement is false. 
357.10     Subd. 12.  [LOCAL REGULATION.] This section shall be 
357.11  construed to supersede city or county regulation of the issuance 
357.12  of transferee permits. 
357.13     Sec. 93.  [609E.833] [GROSS MISDEMEANOR TRANSFEREE PERMIT 
357.14  VIOLATION.] 
357.15     A person who violates section 609E.83, subdivision 11, is 
357.16  guilty of a gross misdemeanor. 
357.17     Sec. 94.  [609E.835] [SECOND DEGREE MISDEMEANOR TRANSFEREE 
357.18  PERMIT VIOLATION.] 
357.19     A person who violates section 609E.83, subdivision 6, 
357.20  paragraph (b), or 7, is guilty of a second degree misdemeanor. 
357.21     Sec. 95.  [609E.84] [TRANSFER REPORT.] 
357.22     Subdivision 1.  [REQUIRED INFORMATION.] (a) Except as 
357.23  provided in this section and section 609E.83, every person who 
357.24  agrees to transfer a pistol or semiautomatic military-style 
357.25  assault weapon shall report the following information in writing 
357.26  to the chief of police of the organized full-time police 
357.27  department of the city where the proposed transferee resides or 
357.28  to the appropriate county sheriff if there is no such local 
357.29  chief of police: 
357.30     (1) the name, residence, telephone number and driver's 
357.31  license number or nonqualification certificate number, if any, 
357.32  of the proposed transferee; 
357.33     (2) the sex, date of birth, height, weight and color of 
357.34  eyes, and distinguishing physical characteristics, if any, of 
357.35  the proposed transferee; 
357.36     (3) a statement that the proposed transferee authorizes the 
358.1   release to the local police authority of commitment information 
358.2   about the proposed transferee maintained by the commissioner of 
358.3   human services, to the extent that the information relates to 
358.4   the proposed transferee's eligibility to possess a firearm under 
358.5   section 609E.82; 
358.6      (4) a statement by the proposed transferee that the 
358.7   transferee is not prohibited by section 609E.82 from possessing 
358.8   a pistol or semiautomatic military-style assault weapon; and 
358.9      (5) the address of the place of business of the transferor. 
358.10     (b) The report shall be signed and dated by the transferor 
358.11  and the proposed transferee.  The report shall be delivered by 
358.12  the transferor to the chief of police or sheriff no later than 
358.13  three days after the date of the agreement to transfer, 
358.14  excluding weekends and legal holidays.  The statement under 
358.15  paragraph (a), clause (3), must comply with any applicable 
358.16  requirements of Code of Federal Regulations, title 42, sections 
358.17  2.31 to 2.35, with respect to consent to disclosure of alcohol 
358.18  or drug abuse patient records. 
358.19     Subd. 2.  [INVESTIGATION.] Upon receiving a transfer 
358.20  report, the chief of police or sheriff shall check criminal 
358.21  histories, records, and warrant information relating to the 
358.22  proposed transferee through the Minnesota crime information 
358.23  system and the national criminal record repository and shall 
358.24  make a reasonable effort to check other available state and 
358.25  local recordkeeping systems.  The chief of police or sheriff 
358.26  shall obtain commitment information from the commissioner of 
358.27  human services as provided in section 245.041. 
358.28     Subd. 3.  [NOTIFICATION.] The chief of police or sheriff 
358.29  shall notify the transferor and proposed transferee in writing 
358.30  as soon as possible if the chief or sheriff determines that the 
358.31  proposed transferee is prohibited by section 609E.82 from 
358.32  possessing a pistol or semiautomatic military-style assault 
358.33  weapon.  The notification to the transferee shall specify the 
358.34  grounds for the disqualification of the proposed transferee and 
358.35  shall set forth in detail the transferee's right of appeal under 
358.36  subdivision 13. 
359.1      Subd. 4.  [DELIVERY.] (a) Except as otherwise provided in 
359.2   subdivision 7 or 8, no person shall deliver a pistol or 
359.3   semiautomatic military-style assault weapon to a proposed 
359.4   transferee until five business days after the date the agreement 
359.5   to transfer is delivered to a chief of police or sheriff in 
359.6   accordance with subdivision 1 unless the chief of police or 
359.7   sheriff waives all or a portion of the five-business-day waiting 
359.8   period.  The chief of police or sheriff may waive all or a 
359.9   portion of the five-business-day waiting period in writing if 
359.10  the chief of police or sheriff finds that the transferee 
359.11  requires access to a pistol or semiautomatic military-style 
359.12  assault weapon because of a threat to the life of the transferee 
359.13  or of any member of the household of the transferee. 
359.14     (b) No person shall deliver a pistol or semiautomatic 
359.15  military-style assault weapon to a proposed transferee after 
359.16  receiving a written notification that the chief of police or 
359.17  sheriff has determined that the proposed transferee is 
359.18  prohibited by section 609E.82 from possessing a pistol or 
359.19  semiautomatic military-style assault weapon. 
359.20     (c) If the transferor makes a report of transfer and 
359.21  receives no written notification of disqualification of the 
359.22  proposed transferee within five business days after delivery of 
359.23  the agreement to transfer, the transferor may deliver the pistol 
359.24  or semiautomatic military-style assault weapon to the transferee.
359.25     Subd. 5.  [GROUNDS FOR DISQUALIFICATION.] A determination 
359.26  by the chief of police or sheriff that the proposed transferee 
359.27  is prohibited by section 609E.82 from possessing a pistol or 
359.28  semiautomatic military-style assault weapon shall be the sole 
359.29  basis for a notification of disqualification under this section. 
359.30     Subd. 6.  [TRANSFEREE PERMIT.] If a chief of police or 
359.31  sheriff determines that a transferee is not a person prohibited 
359.32  by section 609E.82 from possessing a pistol or semiautomatic 
359.33  military-style assault weapon, the transferee may, within 30 
359.34  days after the determination, apply to that chief of police or 
359.35  sheriff for a transferee permit, and the permit shall be issued. 
359.36     Subd. 7.  [REPORT NOT REQUIRED.] If the proposed transferee 
360.1   presents a valid transferee permit issued under section 609E.83 
360.2   or a valid permit to carry issued under section 609E.85, the 
360.3   transferor need not file a transfer report. 
360.4      Subd. 8.  [NUMBER OF PISTOLS OR SEMIAUTOMATIC 
360.5   MILITARY-STYLE ASSAULT WEAPONS.] Any number of pistols or 
360.6   semiautomatic military-style assault weapons may be the subject 
360.7   of a single transfer agreement and report to the chief of police 
360.8   or sheriff.  Nothing in this section or section 609E.83 shall be 
360.9   construed to limit or restrict the number of pistols or 
360.10  semiautomatic military-style assault weapons a person may 
360.11  acquire. 
360.12     Subd. 9.  [RESTRICTION ON RECORDS.] If, after a 
360.13  determination that the transferee is not a person prohibited by 
360.14  section 609E.82 from possessing a pistol or semiautomatic 
360.15  military-style assault weapon, a transferee requests that no 
360.16  record be maintained of the fact of who is the transferee of a 
360.17  pistol or semiautomatic military-style assault weapon, the chief 
360.18  of police or sheriff shall sign the transfer report and return 
360.19  it to the transferee as soon as possible.  Thereafter, no 
360.20  government employee or agency shall maintain a record of the 
360.21  transfer that identifies the transferee, and the transferee 
360.22  shall retain the report of transfer. 
360.23     Subd. 10.  [FORMS; COST.] Chiefs of police and sheriffs 
360.24  shall make transfer report forms available throughout the 
360.25  community.  There shall be no charge for forms, reports, 
360.26  investigations, notifications, waivers or any other act 
360.27  performed or materials provided by a government employee or 
360.28  agency in connection with a transfer. 
360.29     Subd. 11.  [EXCLUSIONS.] This section does not apply to: 
360.30     (a) a transfer of an antique firearm as a curiosity or for 
360.31  its historical significance or value; 
360.32     (b) a transfer to or between federally licensed firearms 
360.33  dealers; 
360.34     (c) a transfer by order of court; 
360.35     (d) an involuntary transfer; 
360.36     (e) a transfer at death; 
361.1      (f) a transfer by a person other than a federally licensed 
361.2   firearms dealer, if the person is not in violation of section 
361.3   609E.33, subdivision 2 (transferring firearms without background 
361.4   check); 
361.5      (g) a loan to a prospective transferee if the loan is 
361.6   intended for a period of no more than one day; 
361.7      (h) the delivery of a pistol or semiautomatic 
361.8   military-style assault weapon to a person for the purpose of 
361.9   repair, reconditioning, or remodeling; 
361.10     (i) a loan by a teacher to a student in a course designed 
361.11  to teach marksmanship or safety with a pistol and approved by 
361.12  the commissioner of natural resources; 
361.13     (j) a loan between persons at a firearms collectors 
361.14  exhibition; 
361.15     (k) a loan between persons lawfully engaged in hunting or 
361.16  target shooting if the loan is intended for a period of no more 
361.17  than 12 hours; 
361.18     (l) a loan between law enforcement officers who have the 
361.19  power to make arrests other than citizen arrests; and 
361.20     (m) a loan between employees or between the employer and an 
361.21  employee in a business if the employee is required to carry a 
361.22  pistol or semiautomatic military-style assault weapon by reason 
361.23  of employment and is the holder of a valid permit to carry a 
361.24  pistol. 
361.25     Subd. 12.  [APPEAL.] (a) A person aggrieved by the 
361.26  determination of a chief of police or sheriff that the person is 
361.27  prohibited by section 609E.82 from possessing a pistol or 
361.28  semiautomatic military-style assault weapon may appeal the 
361.29  determination to the district court having jurisdiction in the 
361.30  county or city where the determination occurred. 
361.31     (b) On review pursuant to this subdivision, the court is 
361.32  limited to a determination of whether the proposed transferee is 
361.33  a person prohibited by section 609E.82 from possessing a pistol 
361.34  or semiautomatic military-style assault weapon. 
361.35     Subd. 13.  [TRANSFER TO UNKNOWN PARTY.] (a) No person shall 
361.36  transfer a pistol or semiautomatic military-style assault weapon 
362.1   to another who is not personally known to the transferor unless 
362.2   the proposed transferee presents evidence of identity to the 
362.3   transferor. 
362.4      (b) No person who is not personally known to the transferor 
362.5   shall become a transferee of a pistol or semiautomatic 
362.6   military-style assault weapon unless the person presents 
362.7   evidence of identity to the transferor. 
362.8      (c) The evidence of identity shall: 
362.9      (1) contain the name, residence address, date of birth, and 
362.10  photograph of the proposed transferee; 
362.11     (2) be made or issued by or under the authority of the 
362.12  United States government, a state, a political subdivision of a 
362.13  state, a foreign government, a political subdivision of a 
362.14  foreign government, an international governmental or an 
362.15  international quasi-governmental organization; and 
362.16     (3) be of a type commonly accepted for the purpose of 
362.17  identification of individuals. 
362.18     (d) It shall be unlawful for any person to become a 
362.19  transferee of a pistol or semiautomatic military-style assault 
362.20  weapon in violation of this subdivision. 
362.21     Subd. 14.  [OTHER UNLAWFUL ACTS.] It is unlawful for a 
362.22  person to commit any of the following acts: 
362.23     (a) transfer a pistol or semiautomatic military-style 
362.24  assault weapon in violation of subdivisions 1 to 12; 
362.25     (b) transfer a pistol or semiautomatic military-style 
362.26  assault weapon to a person who has made a false statement in 
362.27  order to become a transferee, if the transferor knows or has 
362.28  reason to know the transferee has made the false statement; 
362.29     (c) knowingly become a transferee in violation of 
362.30  subdivisions 1 to 12; 
362.31     (d) make a false statement in order to become a transferee 
362.32  of a pistol or semiautomatic military-style assault weapon 
362.33  knowing or having reason to know the statement is false; 
362.34     (e) transfer a pistol or semiautomatic military-style 
362.35  assault weapon to a person under the age of 18 in violation of 
362.36  subdivisions 1 to 12; or 
363.1      (f) transfer a pistol or semiautomatic military-style 
363.2   assault weapon to a person under the age of 18 who has made a 
363.3   false statement in order to become a transferee, if the 
363.4   transferor knows or has reason to know the transferee has made 
363.5   the false statement. 
363.6      Subd. 15.  [LOCAL REGULATION.] This section shall be 
363.7   construed to supersede city or county regulation of the transfer 
363.8   of pistols. 
363.9      Sec. 96.  [609E.843] [FELONY TRANSFERRING PISTOL OR 
363.10  SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON.] 
363.11     A person who violates section 609E.84, subdivision 14, 
363.12  paragraph (e) or (f), may be sentenced to imprisonment for not 
363.13  more than five years or to payment of a fine of not more than 
363.14  $10,000, or both. 
363.15     Sec. 97.  [609E.845] [GROSS MISDEMEANOR TRANSFERRING PISTOL 
363.16  OR SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON.] 
363.17     A person who violates section 609E.84, subdivision 14, 
363.18  paragraph (a), (b), (c), or (d), is guilty of a gross 
363.19  misdemeanor. 
363.20     Sec. 98.  [609E.847] [SECOND DEGREE MISDEMEANOR 
363.21  TRANSFERRING PISTOL OR SEMIAUTOMATIC MILITARY-STYLE ASSAULT 
363.22  WEAPON.] 
363.23     A person who violates section 609E.84, subdivision 13, 
363.24  paragraph (d), is guilty of a second degree misdemeanor. 
363.25     Sec. 99.  [609E.85] [PERMIT TO CARRY PISTOL.] 
363.26     Subdivision 1.  [PENALTY.] (a) It is unlawful for any 
363.27  person, other than a law enforcement officer who has authority 
363.28  to make arrests other than citizens arrests, to carry, hold, or 
363.29  possess a pistol in a motor vehicle, snowmobile or boat, or on 
363.30  or about the person's clothes or the person, or otherwise in 
363.31  possession or control in a public place or public area without 
363.32  first having obtained a permit to carry the pistol. 
363.33     (b) It is unlawful for any person who has been issued a 
363.34  permit to engage in activities other than those for which the 
363.35  permit has been issued. 
363.36     Subd. 2.  [WHERE APPLICATION MADE.] Applications for 
364.1   permits to carry shall be made to the chief of police of an 
364.2   organized full-time police department of the city where the 
364.3   applicant resides or to the county sheriff where there is no 
364.4   such local chief of police where the applicant resides.  At the 
364.5   time of application, the local police authority shall provide 
364.6   the applicant with a dated receipt for the application. 
364.7      Subd. 3.  [CONTENTS.] (a) An application for a permit to 
364.8   carry shall set forth in writing the following information: 
364.9      (1) the name, residence, telephone number, and driver's 
364.10  license number or nonqualification certificate number, if any, 
364.11  of the applicant; 
364.12     (2) the sex, date of birth, height, weight, and color of 
364.13  eyes and hair, and distinguishing physical characteristics, if 
364.14  any, of the applicant; 
364.15     (3) a statement that the applicant authorizes the release 
364.16  to the local police authority of commitment information about 
364.17  the applicant maintained by the commissioner of human services, 
364.18  to the extent that the information relates to the applicant's 
364.19  eligibility to possess a firearm under section 609E.82; 
364.20     (4) a statement by the applicant that the applicant is not 
364.21  prohibited by section 609E.82 from possessing a pistol or 
364.22  semiautomatic military-style assault weapon; and 
364.23     (5) a recent color photograph of the applicant. 
364.24     (b) The application shall be signed and dated by the 
364.25  applicant.  The statement under paragraph (a), clause (3), must 
364.26  comply with any applicable requirements of Code of Federal 
364.27  Regulations, title 42, sections 2.31 to 2.35, with respect to 
364.28  consent to disclosure of alcohol or drug abuse patient records. 
364.29     Subd. 4.  [INVESTIGATION.] The application authority shall 
364.30  check criminal records, histories, and warrant information on 
364.31  each applicant through the Minnesota Crime Information System.  
364.32  The chief of police or sheriff shall obtain commitment 
364.33  information from the commissioner of human services as provided 
364.34  in section 245.041. 
364.35     Subd. 5.  [GRANTING OF PERMITS.] No permit to carry shall 
364.36  be granted to a person unless the applicant: 
365.1      (a) is not a person prohibited by section 609E.82 from 
365.2   possessing a pistol; 
365.3      (b) provides a firearms safety certificate recognized by 
365.4   the department of natural resources, evidence of successful 
365.5   completion of a test of ability to use a firearm supervised by 
365.6   the chief of police or sheriff, or other satisfactory proof of 
365.7   ability to use a pistol safely; and 
365.8      (c) has an occupation or personal safety hazard requiring a 
365.9   permit to carry. 
365.10     Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
365.11  of police or sheriff to deny the application or issue a permit 
365.12  to carry a pistol within 21 days after the date of application 
365.13  shall be deemed to be a grant thereof.  The chief of police or 
365.14  sheriff shall provide an applicant with written notification of 
365.15  a denial and the specific reason for the denial.  A chief of 
365.16  police or a sheriff may charge a fee to cover the cost of 
365.17  conducting a background check, not to exceed $10.  The permit 
365.18  shall specify the activities for which it shall be valid. 
365.19     Subd. 7.  [RENEWAL.] A permit to carry a pistol issued 
365.20  pursuant to this section expires after one year and may 
365.21  thereafter be renewed in the same manner and subject to the same 
365.22  provisions by which the original permit was obtained.  However, 
365.23  all renewed permits must comply with the standards adopted by 
365.24  the commissioner of public safety under section 609E.87. 
365.25     Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
365.26  is void at the time that the holder becomes prohibited from 
365.27  possessing a pistol under section 609E.82, in which event the 
365.28  holder shall return the permit within five days to the 
365.29  application authority. 
365.30     (b) It is unlawful for a permit holder to fail to return 
365.31  the permit within the five-day period as required by paragraph 
365.32  (a), unless the court finds that the circumstances or the 
365.33  physical or mental condition of the permit holder prevented the 
365.34  holder from complying with the return requirement. 
365.35     Subd. 9.  [CARRYING PISTOLS ABOUT ONE'S PREMISES OR FOR 
365.36  PURPOSES OF REPAIR, TARGET PRACTICE.] A permit to carry is not 
366.1   required of a person: 
366.2      (a) to keep or carry a pistol about the person's place of 
366.3   business, dwelling house, premises or on land possessed by the 
366.4   person; 
366.5      (b) to carry a pistol from a place of purchase to the 
366.6   person's dwelling house or place of business, or from the 
366.7   person's dwelling house or place of business to or from a place 
366.8   where repairing is done, to have the pistol repaired; 
366.9      (c) to carry a pistol between the person's dwelling house 
366.10  and place of business; 
366.11     (d) to carry a pistol in the woods or fields or upon the 
366.12  waters of this state for the purpose of hunting or of target 
366.13  shooting in a safe area; or 
366.14     (e) to transport a pistol in a motor vehicle, snowmobile, 
366.15  or boat if the pistol is: 
366.16     (1) unloaded; and 
366.17     (2) contained in a closed and fastened case, gunbox, or 
366.18  securely-tied package.  
366.19     Subd. 10.  [FALSE REPRESENTATIONS.] It is unlawful for any 
366.20  person to give or cause to be given any false information in 
366.21  applying for a permit to carry, knowing or having reason to know 
366.22  the information is false. 
366.23     Subd. 11.  [NO LIMIT ON NUMBER OF PISTOLS.] A person shall 
366.24  not be restricted as to the number of pistols the person may 
366.25  carry. 
366.26     Subd. 12.  [HEARING UPON DENIAL.] Any person aggrieved by 
366.27  denial of a permit to carry may appeal the denial to the 
366.28  district court having jurisdiction over the county or city where 
366.29  the notification or denial occurred. The matter shall be heard 
366.30  de novo without a jury. 
366.31     Subd. 13.  [EXEMPTIONS; ADULT CORRECTIONAL FACILITY 
366.32  OFFICERS.] A permit to carry a pistol is not required of any 
366.33  officer of a state adult correctional facility when on guard 
366.34  duty or otherwise engaged in an assigned duty. 
366.35     Sec. 100.  [609E.853] [FELONY CARRYING PISTOL.] 
366.36     A person who violates section 609E.85, subdivision 1, 
367.1   paragraph (a), a second or subsequent time may be sentenced to 
367.2   imprisonment for not more than five years or to payment of a 
367.3   fine of not more than $10,000, or both. 
367.4      Sec. 101.  [609E.855] [GROSS MISDEMEANOR CARRYING PISTOL.] 
367.5      Except as provided in section 609E.853, a person who 
367.6   violates section 609E.85, subdivisions 1, paragraph (a), 8, 
367.7   paragraph (b), or 10, is guilty of a gross misdemeanor. 
367.8      Sec. 102.  [609E.857] [SECOND DEGREE MISDEMEANOR CARRYING 
367.9   PISTOL.] 
367.10     A person who violates section 609E.85, subdivision 1, 
367.11  paragraph (b), is guilty of a second degree misdemeanor. 
367.12     Sec. 103.  [609E.86] [INTENTIONAL TRANSFER TO INELIGIBLE 
367.13  PERSON.] 
367.14     Subdivision 1.  [TRANSFER PROHIBITED.] It is unlawful for 
367.15  any person to intentionally transfer a pistol or semiautomatic 
367.16  military-style assault weapon to another if the person knows 
367.17  that the transferee: 
367.18     (a) has been denied a permit to carry under section 609E.85 
367.19  because the transferee is not eligible under section 609E.82 to 
367.20  possess a pistol or semiautomatic military-style assault weapon; 
367.21     (b) has been found ineligible to possess a pistol or 
367.22  semiautomatic military-style assault weapon by a chief of police 
367.23  or sheriff as a result of an application for a transferee permit 
367.24  or a transfer report; or 
367.25     (c) is disqualified under section 609E.82 from possessing a 
367.26  pistol or semiautomatic military-style assault weapon. 
367.27     Subd. 2.  [SUBSEQUENT ELIGIBILITY.] This section does not 
367.28  apply to a transfer to a person who became eligible to possess a 
367.29  pistol or semiautomatic military-style assault weapon under 
367.30  section 609E.82 after the transfer occurred but before the 
367.31  transferee used or possessed the weapon in furtherance of any 
367.32  crime. 
367.33     Sec. 104.  [609E.863] [FELONY INTENTIONALLY TRANSFERRING TO 
367.34  INELIGIBLE PERSON.] 
367.35     A person who violates section 609E.86, subdivision 1, may 
367.36  be sentenced to imprisonment for not more than five years or to 
368.1   payment of a fine of not more than $10,000, or both, if the 
368.2   transferee possesses or uses the weapon within one year after 
368.3   the transfer in furtherance of a felony-level disqualifying 
368.4   crime. 
368.5      Sec. 105.  [609E.865] [GROSS MISDEMEANOR INTENTIONALLY 
368.6   TRANSFERRING TO INELIGIBLE PERSON.] 
368.7      Except as provided in section 609E.863, a person who 
368.8   violates section 609E.86, subdivision 1, is guilty of a gross 
368.9   misdemeanor. 
368.10     Sec. 106.  [609E.87] [DUTIES OF COMMISSIONER OF PUBLIC 
368.11  SAFETY.] 
368.12     Subdivision 1.  [STANDARDS GOVERNING PERMITS AND PERMIT 
368.13  APPLICATIONS.] (a) The commissioner of public safety shall adopt 
368.14  statewide standards governing the form and contents of every 
368.15  application for a transferee permit, transferee permit, report 
368.16  of transfer of a pistol or semiautomatic military-style assault 
368.17  weapon, application for a permit to carry a pistol, and permit 
368.18  to carry a pistol that is granted or renewed.  The adoption of 
368.19  these standards is not subject to the rulemaking provisions of 
368.20  chapter 14. 
368.21     Subd. 2.  [APPLICATIONS MUST MEET STANDARDS.] Every 
368.22  application for a transferee permit, transferee permit, report 
368.23  of transfer of a pistol or a semiautomatic military-style 
368.24  assault weapon, application for a permit to carry a pistol, and 
368.25  permit to carry a pistol that is received, granted, or renewed 
368.26  by a police chief or county sheriff must meet the statewide 
368.27  standards adopted by the commissioner of public safety. 
368.28     Sec. 107.  [609E.88] [LOCAL REGULATION PREEMPTED.] 
368.29     Sections 609E.65 and 609E.81 to 609E.87 shall be construed 
368.30  to supersede political subdivision regulation of the carrying or 
368.31  possessing of pistols and the regulation of Saturday Night 
368.32  Special Pistols. 
368.33                             ARTICLE 9 
368.34                       CONTROLLED SUBSTANCES 
368.35       SCHEDULE OF CONTROLLED SUBSTANCES; GENERAL PROVISIONS  
368.36     Section 1.  [609F.01] [SPECIAL DEFINITIONS FOR CHAPTER.] 
369.1      Subdivision 1.  [TERMS.] For purposes of this chapter, 
369.2   unless the language or context clearly indicates that a 
369.3   different meaning is intended, the terms defined in this section 
369.4   have the meanings ascribed to them. 
369.5      Subd. 2.  [ADMINISTER.] "Administer" means to deliver by, 
369.6   or pursuant to the lawful order of, a practitioner a single dose 
369.7   of a controlled substance to a patient or research subject by 
369.8   injection, inhalation, ingestion, or by any other immediate 
369.9   means. 
369.10     Subd. 3.  [COCAINE.] (a) "Cocaine" means: 
369.11     (1) coca leaves and any salt, compound, derivative, or 
369.12  preparation of coca leaves, including cocaine and ecgonine; 
369.13     (2) the salts and isomers of cocaine and ecgonine; 
369.14     (3) the salts of the isomers of cocaine and ecgonines; and 
369.15     (4) any salt, compound, derivative, or preparation that is 
369.16  chemically equivalent or identical with any of those substances. 
369.17     (b) "Cocaine" does not include decocainized coca leaves or 
369.18  extraction of coca leaves, which extractions do not contain 
369.19  cocaine or ecgonine. 
369.20     Subd. 4.  [CONTROLLED SUBSTANCE.] (a) "Controlled substance"
369.21  means a drug, substance, or immediate precursor in schedules I 
369.22  through V of section 609F.03. 
369.23     (b) "Controlled substance" does not include distilled 
369.24  spirits, wine, malt beverages, intoxicating liquors, or tobacco. 
369.25     Subd. 5.  [DISPENSE.] "Dispense" means to deliver one or 
369.26  more doses of a controlled substance in a suitable container, 
369.27  properly labeled, for subsequent administration to, or use by a 
369.28  patient or research subject. 
369.29     Subd. 6.  [DRUG.] The term "drug" includes: 
369.30     (a) all medicines and preparations recognized in the United 
369.31  States Pharmacopoeia or National Formulary; and 
369.32     (b) any substance or mixture of substances intended to be 
369.33  used for the cure, mitigation, or prevention of disease of 
369.34  either humans or other animals. 
369.35     Subd. 7.  [DRUG PARAPHERNALIA.] "Drug paraphernalia" means 
369.36  all equipment, products, and materials of any kind, except those 
370.1   items used in conjunction with permitted uses of controlled 
370.2   substances under chapter 609F or the Uniform Controlled 
370.3   Substances Act, which are knowingly or intentionally used 
370.4   primarily in: 
370.5      (a) manufacturing a controlled substance; 
370.6      (b) injecting, ingesting, inhaling, or otherwise 
370.7   introducing into the human body a controlled substance; 
370.8      (c) testing the strength, effectiveness, or purity of a 
370.9   controlled substance; or 
370.10     (d) enhancing the effect of a controlled substance. 
370.11     Subd. 8.  [HALLUCINOGEN.] "Hallucinogen" means any 
370.12  hallucinogen listed in section 609F.03, subdivision 2, paragraph 
370.13  (c), or Minnesota Rules, part 6800.4210, item C, except 
370.14  marijuana and Tetrahydrocannabinols. 
370.15     Subd. 9.  [IMMEDIATE PRECURSOR.] "Immediate precursor" 
370.16  means a substance: 
370.17     (a) that the state board of pharmacy has found to be, and 
370.18  by rule designates as being, the principal compound commonly 
370.19  used or produced for use, and which is an immediate chemical 
370.20  intermediary used or likely to be used, in the manufacture of a 
370.21  controlled substance; and 
370.22     (b) the control of the substance is necessary to prevent, 
370.23  curtail, or limit such manufacture. 
370.24     Subd. 10.  [MANUFACTURE.] "Manufacture," in places other 
370.25  than a pharmacy, means and includes the production, cultivation, 
370.26  quality control, and standardization by mechanical, physical, 
370.27  chemical, or pharmaceutical means, packing, repacking, 
370.28  tableting, encapsulating, labeling, relabeling, filling, or by 
370.29  other process, of drugs. 
370.30     Subd. 11.  [MARIJUANA.] (a) "Marijuana" means: 
370.31     (1) all parts of the plant of any species of the genus 
370.32  Cannabis, including all agronomical varieties, whether growing 
370.33  or not; 
370.34     (2) the seeds thereof; 
370.35     (3) the resin extracted from any part of such plant; and 
370.36     (4) every compound, manufacture, salt, derivative, mixture, 
371.1   or preparation of such plant, its seeds or resin. 
371.2      (b) However, "marijuana" does not include: 
371.3      (1) the mature stalks of such plant; 
371.4      (2) fiber from such stalks; 
371.5      (3) oil or cake made from the seeds of such plant; 
371.6      (4) any other compound, manufacture, salt, derivative, 
371.7   mixture, or preparation of such mature stalks, except the resin 
371.8   extracted therefrom; or 
371.9      (5) fiber, oil, or cake, or the sterilized seed of such 
371.10  plant which is incapable of germination. 
371.11     Subd. 12.  [MIXTURE.] "Mixture" means a preparation, 
371.12  compound, mixture, or substance containing a controlled 
371.13  substance, regardless of purity. 
371.14     Subd. 13.  [NARCOTIC DRUG.] (a) "Narcotic drug" means any 
371.15  of the following, whether produced directly or indirectly by 
371.16  extraction from substances of vegetable origin, or independently 
371.17  by means of chemical synthesis, or by a combination of 
371.18  extraction and chemical synthesis: 
371.19     (1) opium, coca leaves, and opiates; 
371.20     (2) a compound, manufacture, salt, derivative, or 
371.21  preparation of opium, coca leaves, or opiates; 
371.22     (3) a substance, and any compound, manufacture, salt, 
371.23  derivative, or preparation thereof, which is chemically 
371.24  identical with any of the substances referred to in clauses (1) 
371.25  and (2). 
371.26     (b) However, "narcotic drug" does not include decocainized 
371.27  coca leaves or extracts of coca leaves, which extracts do not 
371.28  contain cocaine or ecgonine. 
371.29     Subd. 14.  [OPIATE.] "Opiate" means any dangerous substance:
371.30     (a) having an addiction-forming or addiction-sustaining 
371.31  liability similar to morphine; or 
371.32     (b) being capable of conversion into a drug having such 
371.33  addiction-forming or addiction-sustaining liability. 
371.34     Subd. 15.  [OPIUM POPPY.] "Opium poppy" means the plant of 
371.35  the species Papaver somniferum L., except the seeds thereof. 
371.36     Subd. 16.  [ORPHAN DRUG.] "Orphan drug" means a drug: 
372.1      (a) for a disease or condition that is rare in the United 
372.2   States; and 
372.3      (b) that has been designated as an orphan drug by the 
372.4   Secretary of Health and Human Services as provided in the Orphan 
372.5   Drug Act, Public Law Number 92-414, as amended. 
372.6      Subd. 17.  [PHARMACIST INTERN.] "Pharmacist intern" means a 
372.7   natural person who is: 
372.8      (a) a graduate of the college of pharmacy, University of 
372.9   Minnesota, or other pharmacy college, approved by the state 
372.10  board of pharmacy; 
372.11     (b) a person satisfactorily progressing toward the degree 
372.12  in pharmacy required for licensure, registered by the state 
372.13  board of pharmacy, for the purpose of obtaining practical 
372.14  experience as a requirement for licensure as a pharmacist; or 
372.15     (c) a qualified applicant, awaiting licensure. 
372.16     Subd. 18.  [POPPY STRAW.] "Poppy straw" means all parts, 
372.17  except the seeds, of the opium poppy, after mowing. 
372.18     Subd. 19.  [SELL.] "Sell" means: 
372.19     (a) to sell, give away, barter, deliver, exchange, 
372.20  distribute, or dispose of to another; 
372.21     (b) to manufacture; 
372.22     (c) to offer or agree to perform an act listed in paragraph 
372.23  (a) or (b); or 
372.24     (d) to possess with intent to perform an act listed in 
372.25  paragraph (a) or (b). 
372.26     Subd. 20.  [SMALL AMOUNT.] "Small amount," as applied to 
372.27  marijuana, means 42.5 grams or less.  This provision does not 
372.28  apply to the resinous form of marijuana. 
372.29     Subd. 21.  [UNLAWFULLY.] "Unlawfully" means selling or 
372.30  possessing a controlled substance in a manner not authorized by 
372.31  law. 
372.32     Sec. 2.  [609F.03] [SCHEDULES OF CONTROLLED SUBSTANCES.] 
372.33     Subdivision 1.  [FIVE SCHEDULES.] There are established 
372.34  five schedules of controlled substances, to be known as 
372.35  Schedules I, II, III, IV, and V.  The schedules shall initially 
372.36  consist of the substances listed in this section by whatever 
373.1   official name, common or usual name, chemical name, or trade 
373.2   name designated. 
373.3      Subd. 2.  [SCHEDULE I.] The following items are listed in 
373.4   Schedule I: 
373.5      (a) Any of the following substances, including their 
373.6   isomers, esters, ethers, salts, and salts of isomers, esters, 
373.7   and ethers, unless specifically excepted, whenever the existence 
373.8   of the isomers, esters, ethers and salts is possible within the 
373.9   specific chemical designation:  Acetylmethadol; Allylprodine; 
373.10  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
373.11  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
373.12  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
373.13  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
373.14  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
373.15  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
373.16  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
373.17  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
373.18  Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
373.19  Piritramide; Proheptazine; Properidine; Racemoramide; and 
373.20  Trimeperidine. 
373.21     (b) Any of the following opium derivatives, their salts, 
373.22  isomers and salts of isomers, unless specifically excepted, 
373.23  whenever the existence of the salts, isomers and salts of 
373.24  isomers is possible within the specific chemical designation:  
373.25  Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
373.26  Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
373.27  Desomorphine; Dihydromorphine; Etorphine; Heroin; 
373.28  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
373.29  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
373.30  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
373.31  and Thebacon. 
373.32     (c) Any material, compound, mixture or preparation that 
373.33  contains any quantity of the following hallucinogenic 
373.34  substances, their salts, isomers and salts of isomers, unless 
373.35  specifically excepted, whenever the existence of the salts, 
373.36  isomers, and salts of isomers is possible within the specific 
374.1   chemical designation:  3,4-methylenedioxy amphetamine; 
374.2   4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
374.3   4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
374.4   Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
374.5   3,4,5-trimethoxy amphetamine; 4-methyl-2, 
374.6   5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
374.7   marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
374.8   N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
374.9   Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
374.10  and n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
374.11  pyrrolidine. 
374.12     (d) Peyote.  However, the listing of peyote as a controlled 
374.13  substance in schedule I does not apply to the nondrug use of 
374.14  peyote in bona fide religious ceremonies of the American Indian 
374.15  Church, and members of the American Indian Church are exempt 
374.16  from registration.  Any person who manufactures peyote for or 
374.17  distributes peyote to the American Indian Church, however, is 
374.18  required to obtain federal registration annually and to comply 
374.19  with all other requirements of law. 
374.20     (e) Unless specifically excepted or unless listed in 
374.21  another schedule, any material compound, mixture, or preparation 
374.22  that contains any quantity of the following substances having a 
374.23  depressant effect on the central nervous system, including its 
374.24  salts, isomers, and salts of isomers whenever the existence of 
374.25  the salts, isomers, and salts of isomers is possible within the 
374.26  specific chemical designation:  Mecloqualone and Flunitrazepam. 
374.27     Subd. 3.  [SCHEDULE II.] The following items are listed in 
374.28  Schedule II: 
374.29     (a) Unless specifically excepted or unless listed in 
374.30  another schedule, any of the following substances, whether 
374.31  produced directly or indirectly by extraction from substances of 
374.32  vegetable origin, independently by means of chemical synthesis, 
374.33  or by a combination of extraction and chemical synthesis: 
374.34     (1) Opium and opiate, and any salt, compound, derivative, 
374.35  or preparation of opium or opiate, including the following:  raw 
374.36  opium; opium extracts; opium fluid extracts; powdered opium; 
375.1   granulated opium; tincture of opium; apomorphine; codeine; 
375.2   ethylmorphine; hydrocodone; hydromorphone; metopon; morphine; 
375.3   oxycodone; oxymorphone; and thebaine. 
375.4      (2) Any salt, compound, derivative, or preparation thereof 
375.5   that is chemically equivalent to, or identical with, any of the 
375.6   substances referred to in clause (1).  However, this clause does 
375.7   not include the isoquinoline alkaloids of opium. 
375.8      (3) Opium poppy and poppy straw. 
375.9      (4) Coca leaves and any salt, compound, derivative, or 
375.10  preparation of coca leaves, including cocaine and ecgonine, the 
375.11  salts and isomers of cocaine and ecgonine, and the salts of 
375.12  their isomers. 
375.13     (5) Any salt, compound, derivative, or preparation thereof 
375.14  that is chemically equivalent or identical with any of the 
375.15  substances referred to in clause (4).  However, this clause does 
375.16  not include decocainized coca leaves or extraction of coca 
375.17  leaves, which extraction does not contain cocaine or ecgonine. 
375.18     (b) Any of the following opiates, including their isomers, 
375.19  esters, ethers, salts, and salts of isomers, esters and ethers, 
375.20  unless specifically excepted, or unless listed in another 
375.21  schedule, whenever the existence of the isomers, esters, ethers 
375.22  and salts is possible within the specific chemical designation:  
375.23  Alfentanil; Alphaprodine; Anileridine; Bezitramide; 
375.24  Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; 
375.25  Isomethadone; Levomethorphan; Levorphanol; Metazocine; 
375.26  Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 
375.27  4-diphenylbutane; Moramide - Intermediate, 
375.28  2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; 
375.29  Pethidine; Pethidine - Intermediate - A, 
375.30  4-cyano-1-methyl-4-phenylpiperidine; Pethidine - Intermediate - 
375.31  B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - 
375.32  Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; 
375.33  Phenazocine; Piminodine; Racemethorphan; and Racemorphan. 
375.34     (c) Unless specifically excepted or unless listed in 
375.35  another schedule, any material, compound, mixture, or 
375.36  preparation that contains any quantity of the following 
376.1   substances having a stimulant effect on the central nervous 
376.2   system: 
376.3      (1) Amphetamine, its salts, optical isomers, and salts of 
376.4   its optical isomers; 
376.5      (2) Methamphetamine, its salts, isomers, and salts of its 
376.6   isomers; 
376.7      (3) Phenmetrazine and its salts; and 
376.8      (4) Methylphenidate. 
376.9      (d) Unless specifically excepted or unless listed in 
376.10  another schedule, any material, compound, mixture, or 
376.11  preparation that contains any quantity of the following 
376.12  substances having a depressant effect on the central nervous 
376.13  system, including its salts, isomers, and salts of isomers 
376.14  whenever the existence of the salts, isomers, and salts of 
376.15  isomers is possible within the specific chemical designation: 
376.16     (1) Methaqualone; 
376.17     (2) Amobarbital; 
376.18     (3) Secobarbital; 
376.19     (4) Pentobarbital; 
376.20     (5) Phencyclidine; and 
376.21     (6) Phencyclidine immediate precursors: 
376.22     (i) 1-phenylcyclohexylamine; and 
376.23     (ii) 1-piperidinocyclohexanecarbonitrile. 
376.24     Subd. 4.  [SCHEDULE III.] The following items are listed in 
376.25  Schedule III: 
376.26     (a) Any material, compound, mixture, or preparation that: 
376.27     (1) contains any quantity of Amphetamine, its salts, 
376.28  optical isomers, and salts of its optical isomers; Phenmetrazine 
376.29  and its salts; Methamphetamine, its salts, isomers, and salts of 
376.30  isomers; Methylphenidate; and 
376.31     (2) is required by federal law to be labeled with the 
376.32  symbol prescribed by Code of Federal Regulations, title 21, 
376.33  section 1302.03, designating that the drug is listed as a 
376.34  schedule III controlled substance under federal law. 
376.35     (b) Any material, compound, mixture, or preparation that 
376.36  contains any quantity of the following substances having a 
377.1   potential for abuse associated with a depressant effect on the 
377.2   central nervous system: 
377.3      (1) Any compound, mixture, or preparation containing 
377.4   amobarbital, secobarbital, pentobarbital or any salt thereof and 
377.5   one or more other active medicinal ingredients that are not 
377.6   listed in any schedule. 
377.7      (2) Any suppository dosage form containing amobarbital, 
377.8   secobarbital, pentobarbital, or any salt of any of these drugs 
377.9   and approved by the food and drug administration for marketing 
377.10  only as a suppository. 
377.11     (3) Any substance that contains any quantity of a 
377.12  derivative of barbituric acid, or any salt of a derivative of 
377.13  barbituric acid, including:  Chlorhexadol; Glutethimide; 
377.14  Lysergic acid; Lysergic acid amide; Methyprylon; 
377.15  Sulfondiethylmethane; Sulfonethylmethane; and Sulfonmethane.  
377.16  However, this clause does not include any substance that is 
377.17  specifically listed in another schedule. 
377.18     (c) Any material, compound, mixture, or preparation that 
377.19  contains any quantity of the following substances having a 
377.20  potential for abuse associated with a stimulant effect on the 
377.21  central nervous system: 
377.22     (1) Benzphetamine; 
377.23     (2) Chlorphentermine; 
377.24     (3) Clortermine; 
377.25     (4) Mazindol; and 
377.26     (5) Phendimetrazine. 
377.27     (d) Nalorphine. 
377.28     (e) Any material, compound, mixture, or preparation 
377.29  containing limited quantities of any of the following 
377.30  narcoticdrugs, or any salts thereof: 
377.31     (1) not more than 1.80 grams of codeine per 100 milliliters 
377.32  or not more than 90 milligrams per dosage unit, with an equal or 
377.33  greater quantity of an isoquinoline alkaloid of opium; 
377.34     (2) not more than 1.80 grams of codeine per 100 milliliters 
377.35  or not more than 90 milligrams per dosage unit, with one or more 
377.36  active, nonnarcotic ingredients in recognized therapeutic 
378.1   amounts; 
378.2      (3) not more than 300 milligrams of dihydrocodeinone per 
378.3   100 milliliters or not more than 15 milligrams per dosage unit, 
378.4   with a fourfold or greater quantity of an isoquinoline alkaloid 
378.5   of opium; 
378.6      (4) not more than 300 milligrams of dihydrocodeinone per 
378.7   100 milliliters or not more than 15 milligrams per dosage unit, 
378.8   with one or more active, nonnarcotic ingredients in recognized 
378.9   therapeutic amounts; 
378.10     (5) not more than 1.80 grams of dihydrocodeine per 100 
378.11  milliliters or not more than 90 milligrams per dosage unit, with 
378.12  one or more active, nonnarcotic ingredients in recognized 
378.13  therapeutic amounts; 
378.14     (6) not more than 300 milligrams of ethylmorphine per 100 
378.15  milliliters or not more than 15 milligrams per dosage unit, with 
378.16  one or more active, nonnarcotic ingredients in recognized 
378.17  therapeutic amounts; 
378.18     (7) not more than 500 milligrams of opium per 100 
378.19  milliliters or per 100 grams, or not more than 25 milligrams per 
378.20  dosage unit, with one or more active, nonnarcotic ingredients in 
378.21  recognized therapeutic amounts; or 
378.22     (8) not more than 50 milligrams of morphine per 100 
378.23  milliliters or per 100 grams with one or more active, 
378.24  nonnarcotic ingredients in recognized therapeutic amounts. 
378.25     Subd. 5.  [SCHEDULE IV.] (a) The following items are listed 
378.26  in schedule IV: 
378.27     (1) Anabolic substances; 
378.28     (2) Barbital; 
378.29     (3) Chloral betaine; 
378.30     (4) Chloral hydrate; 
378.31     (5) Chlordiazepoxide; 
378.32     (6) Clonazepam; 
378.33     (7) Clorazepate; 
378.34     (8) Diazepam; 
378.35     (9) Diethylpropion; 
378.36     (10) Ethchlorvynol; 
379.1      (11) Ethinamate; 
379.2      (12) Fenfluramine; 
379.3      (13) Flurazepam; 
379.4      (14) Mebutamate; 
379.5      (15) Methohexital; 
379.6      (16) Meprobamate except when in combination with the 
379.7   following drugs in the following or lower concentrations: 
379.8      (i) conjugated estrogens, 0.4 mg; 
379.9      (ii) tridihexethyl chloride, 25 mg; or 
379.10     (iii) pentaerythritol tetranitrate, 20 mg; 
379.11     (17) Methylphenobarbital; 
379.12     (18) Oxazepam; 
379.13     (19) Paraldehyde; 
379.14     (20) Pemoline; 
379.15     (21) Petrichloral; 
379.16     (22) Phenobarbital; and 
379.17     (23) Phentermine. 
379.18     (b) For purposes of this subdivision, "anabolic substances" 
379.19  means the naturally occurring androgens or derivatives of 
379.20  androstane (androsterone and testosterone); testosterone and its 
379.21  esters, including, but not limited to, testosterone propionate, 
379.22  and its derivatives, including, but not limited to, and growth 
379.23  hormones.  However, anabolic substances are not included if they 
379.24  are: 
379.25     (1) expressly intended for administration through implants 
379.26  to cattle or other nonhuman species; and 
379.27     (2) approved by the United States Food and Drug 
379.28  Administration for that use. 
379.29     Subd. 6.  [SCHEDULE V.] The following items are listed in 
379.30  Schedule V:  any compound, mixture, or preparation containing 
379.31  any of the following limited quantities of narcotic drugs, which 
379.32  shall include one or more nonnarcotic active medicinal 
379.33  ingredients in sufficient proportion to confer upon the 
379.34  compound, mixture, or preparation valuable medicinal qualities 
379.35  other than those possessed by the narcotic drug alone: 
379.36     (1) not more than 100 milligrams of dihydrocodeine per 100 
380.1   milliliters or per 100 grams; 
380.2      (2) not more than 100 milligrams of ethylmorphine per 100 
380.3   milliliters or per 100 grams; 
380.4      (3) not more than 2.5 milligrams of diphenoxylate and not 
380.5   than 25 micrograms of atropine sulfate per dosage unit; or 
380.6      (4) not more than 15 milligrams of anhydrous morphine per 
380.7   100 milliliters or per 100 grams. 
380.8      Sec. 3.  [609F.05] [ADMINISTRATION OF CHAPTER.] 
380.9      Subdivision 1.  [BOARD OF PHARMACY; ADDITIONAL SUBSTANCES; 
380.10  CRITERIA.] The board of pharmacy is authorized to regulate and 
380.11  define additional substances to be added to the five schedules 
380.12  of controlled substances specified in section 609F.03 that 
380.13  contain quantities of a substance possessing abuse potential in 
380.14  accordance with the following criteria: 
380.15     (a) The board shall place a substance in Schedule I if it 
380.16  finds that the substance has: 
380.17     (1) a high potential for abuse; 
380.18     (2) no currently accepted medical use in the United States; 
380.19  and 
380.20     (3) a lack of accepted safety for use under medical 
380.21  supervision. 
380.22     (b) The board shall place a substance in Schedule II if it 
380.23  finds that: 
380.24     (1) the substance has a high potential for abuse; 
380.25     (2) the substance has currently accepted medical use in the 
380.26  United States or currently accepted medical use with severe 
380.27  restrictions; and 
380.28     (3) abuse of the substance may lead to severe psychological 
380.29  or physical dependence. 
380.30     (c) The board shall place a substance in Schedule III if it 
380.31  finds that: 
380.32     (1) the substance has a potential for abuse less than the 
380.33  substances listed in Schedules I and II; 
380.34     (2) the substance has currently accepted medical use in 
380.35  treatment in the United States; and 
380.36     (3) abuse of the substance may lead to moderate or low 
381.1   physical dependence or high psychological dependence. 
381.2      (d) The board shall place a substance in Schedule IV if it 
381.3   finds that: 
381.4      (1) the substance has a low potential for abuse relative to 
381.5   the substances in Schedule III; 
381.6      (2) the substance has currently accepted medical use in 
381.7   treatment in the United States; and 
381.8      (3) abuse of the substance may lead to limited physical 
381.9   dependence or psychological dependence relative to the 
381.10  substances in Schedule III. 
381.11     (e) The board shall place a substance in Schedule V if it 
381.12  finds that: 
381.13     (1) the substance has a low potential for abuse relative to 
381.14  the substances listed in Schedule IV; 
381.15     (2) the substance has currently accepted medical use in 
381.16  treatment in the United States; and 
381.17     (3) abuse of the substance may lead to limited physical 
381.18  dependence or psychological dependence relative to the 
381.19  substances listed in Schedule IV. 
381.20     Subd. 2.  [ADDING, DELETING, OR RESCHEDULING 
381.21  SUBSTANCES.] (a) The state board of pharmacy may, by rule, add 
381.22  substances to or delete or reschedule substances listed in 
381.23  section 609F.03.  The board, after consulting with the advisory 
381.24  council on controlled substances, shall annually, on or before 
381.25  May 1 of each year, conduct a review of the placement of 
381.26  controlled substances in the various schedules. 
381.27     (b) In making a determination regarding a substance, the 
381.28  board shall consider the following: 
381.29     (1) the actual or relative potential for abuse; 
381.30     (2) the scientific evidence of the pharmacological effect 
381.31  of the substance, if known; 
381.32     (3) the state of current scientific knowledge regarding the 
381.33  substance; 
381.34     (4) the history and current pattern of abuse of the 
381.35  substance; 
381.36     (5) the scope, duration, and significance of abuse of the 
382.1   substance; 
382.2      (6) the risk to public health caused by the substance; 
382.3      (7) the potential of the substance to produce psychic or 
382.4   physiological dependence liability; and 
382.5      (8) whether the substance is an immediate precursor of a 
382.6   substance already controlled under section 609F.03. 
382.7      (c) The board may include any nonnarcotic drug authorized 
382.8   by federal law for medicinal use in a schedule only if the drug 
382.9   must, under either federal or state law or rule, be sold only on 
382.10  prescription. 
382.11     Subd. 3.  [EXCEPTING SUBSTANCES.] The state board of 
382.12  pharmacy may by rule except any compound, mixture, or 
382.13  preparation containing any stimulant or depressant substance 
382.14  listed in section 609F.03, subdivisions 4, paragraphs (a) and 
382.15  (b), 5, and 6, from the application of all or any part of this 
382.16  chapter, if the compound, mixture, or preparation contains one 
382.17  or more active medicinal ingredients: 
382.18     (a) not having a stimulant or depressant effect on the 
382.19  central nervous system; and 
382.20     (b) shall be included in such combinations, quantity, 
382.21  proportion, or concentration as to vitiate the potential for 
382.22  abuse of the substances which do have a stimulant or depressant 
382.23  effect on the central nervous system. 
382.24     Subd. 4.  [FEDERAL LAW ACTION ON CONTROLLED SUBSTANCES.] (a)
382.25  If any substance is designated, rescheduled, or deleted as a 
382.26  controlled substance under federal law and notice thereof is 
382.27  given to the state board of pharmacy, the board shall similarly 
382.28  control the substance under this chapter, after the expiration 
382.29  of 30 days from publication in the Federal Register of a final 
382.30  order designating a substance as a controlled substance or 
382.31  rescheduling or deleting a substance. 
382.32     (b) The order shall be filed pursuant to section 14.38.  If 
382.33  within that 30-day period, the board objects to inclusion, 
382.34  rescheduling, or deletion, it shall publish the reasons for 
382.35  objection and afford all interested parties an opportunity to be 
382.36  heard.  At the conclusion of the hearing, the board shall 
383.1   publish its decision, which shall be subject to the provisions 
383.2   of chapter 14. 
383.3      (c) In exercising the authority granted by this chapter, 
383.4   the board shall be subject to the provisions of chapter 14.  The 
383.5   board shall provide copies of any proposed rule under this 
383.6   chapter to the advisory council on controlled substances at 
383.7   least 30 days prior to any hearing required by section 14.14, 
383.8   subdivision 1.  The board shall consider the recommendations of 
383.9   the advisory council on controlled substances, which may be made 
383.10  prior to or at the hearing. 
383.11     Subd. 5.  [STUDY.] The state board of pharmacy shall study 
383.12  the implementation of this chapter in relation to the problems 
383.13  of drug abuse in Minnesota and shall report to the legislature 
383.14  annually on or before December 1, its recommendations concerning 
383.15  amendments to this chapter. 
383.16     Sec. 4.  [609F.07] [PERMISSIVE INFERENCE OF KNOWING 
383.17  POSSESSION.] 
383.18     Subdivision 1.  [RESIDENCE.] (a) The presence of a 
383.19  controlled substance in open view in a room, other than a public 
383.20  place, under circumstances evincing an intent by one or more of 
383.21  the persons present to unlawfully mix, compound, package, or 
383.22  otherwise prepare for sale the controlled substance permits the 
383.23  factfinder to infer knowing possession of the controlled 
383.24  substance by each person in close proximity to the controlled 
383.25  substance when the controlled substance was found. 
383.26     (b) The permissive inference does not apply to any person 
383.27  if: 
383.28     (1) one of the occupants legally possesses the controlled 
383.29  substance; or 
383.30     (2) the controlled substance is on the person of one of the 
383.31  occupants. 
383.32     Subd. 2.  [PASSENGER AUTOMOBILE.] (a) The presence of a 
383.33  controlled substance in a passenger automobile permits the 
383.34  factfinder to infer knowing possession of the controlled 
383.35  substance by the driver or person in control of the automobile 
383.36  when the controlled substance was in the automobile.  This 
384.1   inference may only be made if the defendant is charged with 
384.2   violating sections 609F.111 to 609F.115 (first to third degree 
384.3   controlled substance crime), 609F.131 to 609F.135 (first to 
384.4   third degree subsequent controlled substance crime), or 609F.23 
384.5   (importing controlled substance). 
384.6      (b) The inference does not apply: 
384.7      (1) to a duly licensed operator of an automobile who is at 
384.8   the time operating it for hire in the lawful and proper pursuit 
384.9   of the operator's trade; 
384.10     (2) to any person in the automobile if one of the occupants 
384.11  legally possesses a controlled substance; or 
384.12     (3) when the controlled substance is concealed on the 
384.13  person of one of the occupants. 
384.14     Sec. 5.  [609F.09] [NOTICE OF CONTROLLED SUBSTANCE 
384.15  CONVICTION; DRIVER'S LICENSE REVOCATION.] 
384.16     When a person is convicted of violating a provision of 
384.17  sections 609F.111 to 609F.215, the sentencing court shall 
384.18  determine whether the person unlawfully sold or possessed the 
384.19  controlled substance while driving a motor vehicle.  If so, the 
384.20  court shall notify the commissioner of public safety of its 
384.21  determination and order the commissioner to revoke the person's 
384.22  driver's license for 30 days.  If the person does not have a 
384.23  driver's license or if the person's driver's license is 
384.24  suspended or revoked at the time of the conviction, the 
384.25  commissioner shall delay the issuance or reinstatement of the 
384.26  person's driver's license for 30 days after the person applies 
384.27  for the issuance or reinstatement of the license.  Upon 
384.28  receiving the court's order, the commissioner is authorized to 
384.29  take the licensing action without a hearing. 
384.30            CONTROLLED SUBSTANCE SALE, POSSESSION CRIMES 
384.31     Sec. 6.  [609F.11] [SELLING OR POSSESSING CONTROLLED 
384.32  SUBSTANCE.] 
384.33     Whoever sells or possesses a controlled substance in the 
384.34  mixtures, weights, time periods, or under other conditions as 
384.35  specified in sections 609F.111 to 609F.119 is guilty of a 
384.36  controlled substance sale or possession crime and may be 
385.1   sentenced as provided in those sections. 
385.2      Sec. 7.  [609F.111] [CONTROLLED SUBSTANCE CRIME IN THE 
385.3   FIRST DEGREE.] 
385.4      Subdivision 1.  [SALE CRIME.] A person is guilty of a 
385.5   controlled substance sale crime in the first degree and may be 
385.6   sentenced to imprisonment for not more than 30 years or to 
385.7   payment of a fine of not more than $1,000,000, or both, if: 
385.8      (a) on one or more occasions within a 90-day period the 
385.9   person unlawfully sells one or more mixtures of a total weight 
385.10  of ten grams or more containing cocaine; 
385.11     (b) on one or more occasions within a 90-day period the 
385.12  person unlawfully sells one or more mixtures of a total weight 
385.13  of 50 grams or more containing a narcotic drug other than 
385.14  cocaine; 
385.15     (c) on one or more occasions within a 90-day period the 
385.16  person unlawfully sells one or more mixtures of a total weight 
385.17  of 50 grams or more containing methamphetamine, amphetamine, 
385.18  phencyclidine, or hallucinogen or, if the controlled substance 
385.19  is packaged in dosage units, equaling 200 or more dosage units; 
385.20  or 
385.21     (d) on one or more occasions within a 90-day period the 
385.22  person unlawfully sells one or more mixtures of a total weight 
385.23  of 50 kilograms or more containing marijuana or 
385.24  Tetrahydrocannabinols, or one or more mixtures of a total weight 
385.25  of 25 kilograms or more containing marijuana or 
385.26  Tetrahydrocannabinols in a school zone, a park zone, or a public 
385.27  housing zone. 
385.28     Subd. 2.  [POSSESSION CRIME.] A person is guilty of a 
385.29  controlled substance possession crime in the first degree and 
385.30  may be sentenced to imprisonment for not more than 30 years or 
385.31  to payment of a fine of not more than $1,000,000, or both, if: 
385.32     (a) the person unlawfully possesses one or more mixtures of 
385.33  a total weight of 25 grams or more containing cocaine; 
385.34     (b) the person unlawfully possesses one or more mixtures of 
385.35  a total weight of 500 grams or more containing a narcotic drug 
385.36  other than cocaine; 
386.1      (c) the person unlawfully possesses one or more mixtures of 
386.2   a total weight of 500 grams or more containing methamphetamine, 
386.3   amphetamine, phencyclidine, or hallucinogen or, if the 
386.4   controlled substance is packaged in dosage units, equaling 500 
386.5   or more dosage units; or 
386.6      (d) the person unlawfully possesses one or more mixtures of 
386.7   a total weight of 100 kilograms or more containing marijuana or 
386.8   Tetrahydrocannabinols. 
386.9      Subd. 3.  [AGGREGATION.] In a prosecution of a sale crime 
386.10  under subdivision 1 involving sales by the same person in two or 
386.11  more counties within a 90-day period, the person may be 
386.12  prosecuted for all of the sales in any county in which one of 
386.13  the sales occurred. 
386.14     Sec. 8.  [609F.113] [CONTROLLED SUBSTANCE CRIME IN THE 
386.15  SECOND DEGREE.] 
386.16     Subdivision 1.  [SALE CRIME.] A person is guilty of a 
386.17  controlled substance sale crime in the second degree and may be 
386.18  sentenced to imprisonment for not more than 25 years or to 
386.19  payment of a fine of not more than $500,000, or both, if: 
386.20     (a) on one or more occasions within a 90-day period the 
386.21  person unlawfully sells one or more mixtures of a total weight 
386.22  of three grams or more containing cocaine; 
386.23     (b) on one or more occasions within a 90-day period the 
386.24  person unlawfully sells one or more mixtures of a total weight 
386.25  of ten grams or more containing a narcotic drug other than 
386.26  cocaine; 
386.27     (c) on one or more occasions within a 90-day period the 
386.28  person unlawfully sells one or more mixtures of a total weight 
386.29  of ten grams or more containing methamphetamine, amphetamine, 
386.30  phencyclidine, or hallucinogen or, if the controlled substance 
386.31  is packaged in dosage units, equaling 50 or more dosage units; 
386.32     (d) on one or more occasions within a 90-day period the 
386.33  person unlawfully sells one or more mixtures of a total weight 
386.34  of 25 kilograms or more containing marijuana or 
386.35  Tetrahydrocannabinols; 
386.36     (e) the person unlawfully sells any amount of a schedule I 
387.1   or II narcotic drug to a person under the age of 18, or 
387.2   conspires with or employs a person under the age of 18 to 
387.3   unlawfully sell the substance; or 
387.4      (f) the person unlawfully sells any of the following in a 
387.5   school zone, a park zone, or a public housing zone: 
387.6      (1) any amount of a schedule I or II narcotic drug, or 
387.7   lysergic acid diethylamide (LSD); 
387.8      (2) one or more mixtures containing methamphetamine or 
387.9   amphetamine; or 
387.10     (3) one or more mixtures of a total weight of five 
387.11  kilograms or more containing marijuana or Tetrahydrocannabinols. 
387.12     Subd. 2.  [POSSESSION CRIME.] A person is guilty of a 
387.13  controlled substance possession crime in the second degree and 
387.14  may be sentenced to imprisonment for not more than 25 years or 
387.15  to payment of a fine of not more than $500,000, or both, if: 
387.16     (a) the person unlawfully possesses one or more mixtures of 
387.17  a total weight of six grams or more containing cocaine; 
387.18     (b) the person unlawfully possesses one or more mixtures of 
387.19  a total weight of 50 grams or more containing a narcotic drug 
387.20  other than cocaine; 
387.21     (c) the person unlawfully possesses one or more mixtures of 
387.22  a total weight of 50 grams or more containing methamphetamine, 
387.23  amphetamine, phencyclidine, or hallucinogen or, if the 
387.24  controlled substance is packaged in dosage units, equaling 100 
387.25  or more dosage units; or 
387.26     (d) the person unlawfully possesses one or more mixtures of 
387.27  a total weight of 50 kilograms or more containing marijuana or 
387.28  Tetrahydrocannabinols. 
387.29     Subd. 3.  [AGGREGATION.] In a prosecution of a sale crime 
387.30  under subdivision 1 involving sales by the same person in two or 
387.31  more counties within a 90-day period, the person may be 
387.32  prosecuted for all of the sales in any county in which one of 
387.33  the sales occurred. 
387.34     Sec. 9.  [609F.115] [CONTROLLED SUBSTANCE CRIME IN THE 
387.35  THIRD DEGREE.] 
387.36     Subdivision 1.  [SALE CRIME.] A person is guilty of a 
388.1   controlled substance sale crime in the third degree and may be 
388.2   sentenced to imprisonment for not more than 20 years or to 
388.3   payment of a fine of not more than $250,000, or both, if: 
388.4      (a) the person unlawfully sells one or more mixtures 
388.5   containing a narcotic drug; 
388.6      (b) the person unlawfully sells one or more mixtures 
388.7   containing phencyclidine or hallucinogen, it is packaged in 
388.8   dosage units, and equals ten or more dosage units; 
388.9      (c) the person unlawfully sells one or more mixtures 
388.10  containing a controlled substance classified in schedule I, II, 
388.11  or III, except a schedule I or II narcotic drug, to a person 
388.12  under the age of 18; 
388.13     (d) the person conspires with or employs a person under the 
388.14  age of 18 to unlawfully sell one or more mixtures containing a 
388.15  controlled substance listed in schedule I, II, or III, except a 
388.16  schedule I or II narcotic drug; or 
388.17     (e) the person unlawfully sells one or more mixtures of a 
388.18  total weight of five kilograms or more containing marijuana or 
388.19  Tetrahydrocannabinols. 
388.20     Subd. 2.  [POSSESSION CRIME.] A person is guilty of a 
388.21  controlled substance possession crime in the third degree and 
388.22  may be sentenced to imprisonment for not more than 20 years or 
388.23  to payment of a fine of not more than $250,000, or both, if: 
388.24     (a) the person unlawfully possesses one or more mixtures of 
388.25  a total weight of three grams or more containing cocaine; 
388.26     (b) the person unlawfully possesses one or more mixtures of 
388.27  a total weight of ten grams or more containing a narcotic drug 
388.28  other than cocaine; 
388.29     (c) the person unlawfully possesses one or more mixtures 
388.30  containing a narcotic drug, it is packaged in dosage units, and 
388.31  equals 50 or more dosage units; 
388.32     (d) the person unlawfully possesses any amount of a 
388.33  schedule I or II narcotic drug or five or more dosage units of 
388.34  lysergic acid diethylamide (LSD) in a school zone, a park zone, 
388.35  or a public housing zone; 
388.36     (e) the person unlawfully possesses one or more mixtures of 
389.1   a total weight of ten kilograms or more containing marijuana or 
389.2   Tetrahydrocannabinols; or 
389.3      (f) the person unlawfully possesses one or more mixtures 
389.4   containing methamphetamine or amphetamine in a school zone, a 
389.5   park zone, or a public housing zone. 
389.6      Sec. 10.  [609F.117] [CONTROLLED SUBSTANCE CRIME IN THE 
389.7   FOURTH DEGREE.] 
389.8      Subdivision 1.  [SALE CRIME.] A person is guilty of a 
389.9   controlled substance sale crime in the fourth degree and may be 
389.10  sentenced to imprisonment for not more than 15 years or to 
389.11  payment of a fine of not more than $100,000, or both, if: 
389.12     (a) the person unlawfully sells one or more mixtures 
389.13  containing a controlled substance classified in schedule I, II, 
389.14  or III, except marijuana or Tetrahydrocannabinols; 
389.15     (b) the person unlawfully sells one or more mixtures 
389.16  containing a controlled substance classified in schedule IV or V 
389.17  to a person under the age of 18; 
389.18     (c) the person conspires with or employs a person under the 
389.19  age of 18 to unlawfully sell a controlled substance classified 
389.20  in schedule IV or V; or 
389.21     (d) the person unlawfully sells any amount of marijuana or 
389.22  Tetrahydrocannabinols in a school zone, a park zone, or a public 
389.23  housing zone, except a small amount for no remuneration. 
389.24     Subd. 2.  [POSSESSION CRIME.] A person is guilty of a 
389.25  controlled substance possession crime in the fourth degree if: 
389.26     (a) the person unlawfully possesses one or more mixtures 
389.27  containing phencyclidine or hallucinogen, it is packaged in 
389.28  dosage units, and equals ten or more dosage units; or 
389.29     (b) the person unlawfully possesses one or more mixtures 
389.30  containing a controlled substance classified in schedule I, II, 
389.31  or III, except marijuana or Tetrahydrocannabinols, with the 
389.32  intent to sell it. 
389.33     Sec. 11.  [609F.119] [CONTROLLED SUBSTANCE CRIME IN THE 
389.34  FIFTH DEGREE.] 
389.35     Subdivision 1.  [SALE CRIME.] A person is guilty of a 
389.36  controlled substance sale crime in the fifth degree and may be 
390.1   sentenced to imprisonment for not more than five years or to 
390.2   payment of a fine of not more than $10,000, or both, if: 
390.3      (a) the person unlawfully sells one or more mixtures 
390.4   containing marijuana or Tetrahydrocannabinols, except a small 
390.5   amount of marijuana for no remuneration; or 
390.6      (b) the person unlawfully sells one or more mixtures 
390.7   containing a controlled substance classified in schedule IV. 
390.8      Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
390.9   of a controlled substance possession crime in the fifth degree 
390.10  and may be sentenced to imprisonment for not more than five 
390.11  years or to payment of a fine of not more than $10,000, or both, 
390.12  if: 
390.13     (a) the person unlawfully possesses one or more mixtures 
390.14  containing a controlled substance classified in schedule I, II, 
390.15  III, or IV, except a small amount of marijuana; or 
390.16     (b) the person procures, attempts to procure, possesses, or 
390.17  has control over a controlled substance by any of the following 
390.18  means: 
390.19     (1) fraud, deceit, misrepresentation, or subterfuge; 
390.20     (2) using a false name or giving false credit; or 
390.21     (3) falsely assuming the title of, or falsely representing 
390.22  any person to be, a manufacturer, wholesaler, pharmacist, 
390.23  physician, doctor of osteopathy licensed to practice medicine, 
390.24  dentist, podiatrist, veterinarian, or other authorized person 
390.25  for the purpose of obtaining a controlled substance. 
390.26     Sec. 12.  [609F.13] [SUBSEQUENT CONTROLLED SUBSTANCE 
390.27  CRIME.] 
390.28     A person shall be sentenced as provided in sections 
390.29  609F.131 to 609F.139 if the person is convicted of a violation 
390.30  of sections 609F.111 to 609F.119 and the court determines on the 
390.31  record at the time of sentencing that the violation was 
390.32  committed after the person was convicted in Minnesota of a 
390.33  felony violation of this chapter or a felony-level attempt or 
390.34  conspiracy to violate this chapter, or convicted elsewhere for 
390.35  conduct that would have been a felony under this chapter if 
390.36  committed in Minnesota.  However, an earlier conviction is not 
391.1   relevant if the violation was committed at least ten years after 
391.2   the earlier of the following: 
391.3      (a) restoration of the person to civil rights; or 
391.4      (b) expiration of the sentence. 
391.5      Sec. 13.  [609F.131] [SUBSEQUENT CONTROLLED SUBSTANCE CRIME 
391.6   IN THE FIRST DEGREE.] 
391.7      If the subsequent conviction is for a violation of section 
391.8   609F.111, subdivision 1 or 2, the person shall be committed to 
391.9   the commissioner of corrections for not less than four years nor 
391.10  more than 40 years and, in addition, may be sentenced to payment 
391.11  of a fine of not more than $1,000,000. 
391.12     Sec. 14.  [609F.133] [SUBSEQUENT CONTROLLED SUBSTANCE CRIME 
391.13  IN THE SECOND DEGREE.] 
391.14     If the subsequent conviction is for a violation of section 
391.15  609F.113, subdivision 1 or 2, the person shall be committed to 
391.16  the commissioner of corrections for not less than three years 
391.17  nor more than 40 years and, in addition, may be sentenced to 
391.18  payment of a fine of not more than $500,000. 
391.19     Sec. 15.  [609F.135] [SUBSEQUENT CONTROLLED SUBSTANCE CRIME 
391.20  IN THE THIRD DEGREE.] 
391.21     If the subsequent conviction is for a violation of section 
391.22  609F.115, subdivision 1 or 2, the person shall be committed to 
391.23  the commissioner of corrections for not less than two years nor 
391.24  more than 30 years and, in addition, may be sentenced to payment 
391.25  of a fine of not more than $250,000. 
391.26     Sec. 16.  [609F.137] [SUBSEQUENT CONTROLLED SUBSTANCE CRIME 
391.27  IN THE FOURTH DEGREE.] 
391.28     If the subsequent conviction is for a violation of section 
391.29  609F.117, subdivision 1 or 2, the person shall be committed to 
391.30  the commissioner of corrections or to a local correctional 
391.31  authority for not less than one year nor more than 30 years and, 
391.32  in addition, may be sentenced to payment of a fine of not more 
391.33  than $100,000. 
391.34     Sec. 17.  [609F.139] [SUBSEQUENT CONTROLLED SUBSTANCE CRIME 
391.35  IN THE FIFTH DEGREE.] 
391.36     If the subsequent conviction is for a violation of section 
392.1   609F.111, subdivision 1 or 2, the person shall be committed to 
392.2   the commissioner of corrections or to a local correctional 
392.3   authority for not less than six months nor more than ten years 
392.4   and, in addition, may be sentenced to payment of a fine of not 
392.5   more than $20,000. 
392.6      Sec. 18.  [609F.15] [MANDATORY AND STAYED SENTENCES; 
392.7   DISCHARGE.] 
392.8      Subdivision 1.  [MANDATORY SENTENCES.] A defendant 
392.9   convicted and sentenced to a mandatory sentence under sections 
392.10  609F.131 to 609F.139 is not eligible for probation, parole, 
392.11  discharge, or supervised release until that person has served 
392.12  the full term of imprisonment as provided by law, 
392.13  notwithstanding sections 242.19 (methods of control), 243.05 
392.14  (commissioner of corrections powers), 609A.65 (stay of 
392.15  sentence), or 609A.85 (parole or discharge).  "Term of 
392.16  imprisonment" has the meaning given in section 244.01, 
392.17  subdivision 8 (criminal sentences). 
392.18     Subd. 2.  [STAYED SENTENCE LIMITED.] If a person is 
392.19  convicted under section 609F.111, 609F.113, or 609F.115, and the 
392.20  sentencing guidelines grid calls for a presumptive prison 
392.21  sentence for the offense, the court may stay imposition or 
392.22  execution of the sentence only as provided in this section.  The 
392.23  sentence may be stayed based on amenability to probation only if 
392.24  the offender presents adequate evidence to the court that the 
392.25  offender has been accepted by, and can respond to, a treatment 
392.26  program that has been approved by the commissioner of human 
392.27  services.  The court may impose a sentence that is a mitigated 
392.28  dispositional departure on any other ground only if the court 
392.29  includes as a condition of probation incarceration in a local 
392.30  jail or workhouse. 
392.31     Subd. 3.  [DISCHARGE AND DISMISSAL.] (a) If any person who 
392.32  has not previously participated in or completed a diversion 
392.33  program authorized under section 401.065 or who has not 
392.34  previously been placed on probation without a judgment of guilty 
392.35  and thereafter been discharged from probation under this section 
392.36  is found guilty of a violation of section 609F.117, subdivision 
393.1   2 (fourth degree controlled substance possession crime), 
393.2   609F.119, subdivision 2 (fifth degree controlled substance 
393.3   possession crime), 609F.17, subdivision 2 (possessing schedule V 
393.4   controlled substance), 609F.19 (possessing marijuana in motor 
393.5   vehicle), or 609F.21 (selling or possessing small amount of 
393.6   marijuana) after trial or upon a plea of guilty, and the court 
393.7   determines that the violation does not qualify as a subsequent 
393.8   controlled substance conviction under section 609F.13, the court 
393.9   may, without entering a judgment of guilty and with the consent 
393.10  of the person, defer further proceedings and place the person on 
393.11  probation upon such reasonable conditions as it may require and 
393.12  for a period, not to exceed the maximum sentence provided for 
393.13  the violation.  The court may give the person the opportunity to 
393.14  attend and participate in an appropriate program of education 
393.15  regarding the nature and effects of alcohol and drug abuse as a 
393.16  stipulation of probation. 
393.17     (b) Upon violation of a condition of the probation, the 
393.18  court may enter an adjudication of guilt and proceed as 
393.19  otherwise provided. 
393.20     (c) The court may, in its discretion, dismiss the 
393.21  proceedings against the person and discharge the person from 
393.22  probation before the expiration of the maximum period prescribed 
393.23  for the person's probation. 
393.24     (d) If during the period of probation the person does not 
393.25  violate any of the conditions of the probation, then upon 
393.26  expiration of the period the court shall discharge the person 
393.27  and dismiss the proceedings against that person. 
393.28     (e) Discharge and dismissal under this subdivision shall be 
393.29  without court adjudication of guilt, but a not public record of 
393.30  it shall be retained by the bureau of criminal apprehension for 
393.31  the purpose of use by the courts in determining the merits of 
393.32  subsequent proceedings against the person.  The not public 
393.33  record may also be opened only upon court order for purposes of 
393.34  a criminal investigation, prosecution, or sentencing.  Upon 
393.35  request by law enforcement, prosecution, or corrections 
393.36  authorities, the bureau shall notify the requesting party of the 
394.1   existence of the not public record and the right to seek a court 
394.2   order to open it pursuant to this paragraph.  The court shall 
394.3   forward a record of any discharge and dismissal under this 
394.4   subdivision to the bureau which shall make and maintain the not 
394.5   public record of it as provided under this paragraph. 
394.6      (f) The discharge or dismissal shall not be deemed a 
394.7   conviction for purposes of disqualifications or disabilities 
394.8   imposed by law upon conviction of a crime or for any other 
394.9   purpose. 
394.10     (g) For purposes of paragraph (e), "not public" has the 
394.11  meaning given in section 13.02, subdivision 8a.  
394.12     Sec. 19.  [609F.17] [SELLING OR POSSESSING SCHEDULE V 
394.13  CONTROLLED SUBSTANCE.] 
394.14     Subdivision 1.  [SELLING SCHEDULE V CONTROLLED 
394.15  SUBSTANCE.] A person who unlawfully sells one or more mixtures 
394.16  containing a controlled substance classified in schedule V is 
394.17  guilty of selling a schedule V controlled substance and may be 
394.18  sentenced as provided in section 609F.175. 
394.19     Subd. 2.  [POSSESSING SCHEDULE V CONTROLLED SUBSTANCE.] A 
394.20  person who unlawfully possesses one or more mixtures containing 
394.21  a controlled substance classified in schedule V is guilty of 
394.22  possessing a schedule V controlled substance and may be 
394.23  sentenced as provided in section 609F.175.  The court may order 
394.24  that a person who is convicted under this subdivision and placed 
394.25  on probation be required to take part in a drug education 
394.26  program as specified by the court. 
394.27     Sec. 20.  [609F.175] [GROSS MISDEMEANOR SELLING OR 
394.28  POSSESSING SCHEDULE V CONTROLLED SUBSTANCE.] 
394.29     Whoever violates section 609F.17, subdivision 1 or 2, is 
394.30  guilty of a gross misdemeanor. 
394.31           POSSESSING MARIJUANA IN CERTAIN CIRCUMSTANCES 
394.32     Sec. 21.  [609F.19] [POSSESSING MARIJUANA IN MOTOR 
394.33  VEHICLE.] 
394.34     Subdivision 1.  [ACTS PROHIBITED.] Except as provided in 
394.35  sections 609F.111 to 609F.119, if a person is the owner of a 
394.36  private motor vehicle, or is the driver of the motor vehicle if 
395.1   the owner is not present, and possesses on the person, or 
395.2   knowingly keeps or allows to be kept within the area of the 
395.3   vehicle normally occupied by the driver or passengers, more than 
395.4   1.4 grams of marijuana, the person is guilty of possessing 
395.5   marijuana in a motor vehicle and may be sentenced as provided in 
395.6   section 609F.195. 
395.7      Subd. 2.  [AREA OF VEHICLE INCLUDED.] The area of the 
395.8   vehicle described in subdivision 1 does not include the trunk of 
395.9   the motor vehicle if the vehicle is equipped with a trunk, or 
395.10  another area of the vehicle not normally occupied by the driver 
395.11  or passengers if the vehicle is not equipped with a trunk.  A 
395.12  utility or glove compartment is deemed to be within the area 
395.13  occupied by the driver and passengers. 
395.14     Sec. 22.  [609F.195] [THIRD DEGREE MISDEMEANOR POSSESSING 
395.15  MARIJUANA IN MOTOR VEHICLE.] 
395.16     Whoever violates section 609F.19 is guilty of a third 
395.17  degree misdemeanor. 
395.18     Sec. 23.  [609F.21] [POSSESSING OR DISTRIBUTING SMALL 
395.19  AMOUNT OF MARIJUANA.] 
395.20     A person who unlawfully distributes a small amount of 
395.21  marijuana for no remuneration, or who unlawfully possesses a 
395.22  small amount of marijuana is guilty of distributing or 
395.23  possessing a small amount of marijuana and may be sentenced as 
395.24  provided in section 609F.213 or 609F.215. 
395.25     Sec. 24.  [609F.213] [THIRD DEGREE MISDEMEANOR POSSESSING 
395.26  OR DISTRIBUTING SMALL AMOUNT OF MARIJUANA.] 
395.27     Subdivision 1.  [SUBSEQUENT VIOLATION.] A person who 
395.28  violates section 609F.21 by means of distributing marijuana is 
395.29  guilty of a third degree misdemeanor if the violation occurs 
395.30  within two years after a previous conviction for an unlawful 
395.31  distribution under section 609F.21.  The person shall be 
395.32  required to participate in a chemical dependency evaluation and 
395.33  treatment if so indicated by the evaluation. 
395.34     Subd. 2.  [NONCOMPLIANCE WITH INFRACTION PENALTY.] A person 
395.35  is guilty of a third degree misdemeanor if the person is 
395.36  convicted of an infraction under section 609F.215 and willfully 
396.1   and intentionally fails to comply with the infraction penalty.  
396.2   Compliance with the terms of the infraction penalty at any time 
396.3   before conviction under this subdivision is an absolute defense. 
396.4      Sec. 25.  [609F.215] [INFRACTION POSSESSING OR DISTRIBUTING 
396.5   SMALL AMOUNT OF MARIJUANA.] 
396.6      Except as provided in section 609F.213, a person who 
396.7   violates section 609F.21 is guilty of an infraction.  The person 
396.8   must participate in a drug education program unless the 
396.9   violation bureau enters a written finding that a drug education 
396.10  program is inappropriate.  The program must be approved by an 
396.11  area mental health board with a curriculum approved by the state 
396.12  alcohol and drug abuse authority. 
396.13     Sec. 26.  [609F.22] [EXPUNGEMENT OF CRIMINAL RECORD 
396.14  REGARDING SMALL AMOUNT OF MARIJUANA.] 
396.15     Any person who has been found guilty of a violation of 
396.16  former section 152.09, with respect to a small amount of 
396.17  marijuana which violation occurred prior to April 11, 1976, and 
396.18  whose conviction would have been a petty misdemeanor under the 
396.19  provisions of section 152.15, subdivision 2, clause (5), in 
396.20  effect on April 11, 1978, but whose conviction was for an 
396.21  offense more serious than a petty misdemeanor under laws in 
396.22  effect prior to April 11, 1976, may petition the court in which 
396.23  the person was convicted to expunge from all official records, 
396.24  other than the nonpublic record retained by the department of 
396.25  public safety pursuant to former section 152.15, subdivision 2, 
396.26  clause (5), all recordation relating to the person's arrest, 
396.27  indictment or information, trial and conviction of an offense 
396.28  more serious than a petty misdemeanor.  The court, upon being 
396.29  satisfied that a small amount was involved in the conviction, 
396.30  shall order all the recordation expunged.  No person as to whom 
396.31  an order has been entered pursuant to this subdivision shall be 
396.32  held thereafter under any provision of any law to be guilty of 
396.33  perjury or otherwise giving a false statement by reason of the 
396.34  person's failure to recite or acknowledge conviction of an 
396.35  offense greater than a petty misdemeanor, unless possession of 
396.36  marijuana is material to a proceeding. 
397.1                 OTHER CONTROLLED SUBSTANCE OFFENSES 
397.2      Sec. 27.  [609F.23] [IMPORTING CONTROLLED SUBSTANCE ACROSS 
397.3   STATE BORDER.] 
397.4      Subdivision 1.  [CRIME DEFINED.] A person who crosses a 
397.5   state or international border into Minnesota while in possession 
397.6   of an amount of a controlled substance that constitutes a first 
397.7   degree controlled substance possession crime under section 
397.8   609F.111, subdivision 2, is guilty of importing a controlled 
397.9   substance and may be sentenced as provided in section 609F.235. 
397.10     Subd. 2.  [JURISDICTION.] A violation of subdivision 1 may 
397.11  be charged, indicted, and tried in any county, but not more than 
397.12  one county, into or through which the actor brought the 
397.13  controlled substance. 
397.14     Sec. 28.  [609F.235] [FELONY IMPORTING CONTROLLED 
397.15  SUBSTANCE.] 
397.16     A person convicted of violating section 609F.23 is guilty 
397.17  of a felony and may be sentenced to imprisonment for not more 
397.18  than 35 years or to payment of a fine of not more than 
397.19  $1,250,000, or both. 
397.20     Sec. 29.  [609F.25] [CAUSING GREAT BODILY HARM BY 
397.21  DISTRIBUTING CONTROLLED SUBSTANCE.] 
397.22     Whoever proximately causes great bodily harm by, directly 
397.23  or indirectly, unlawfully selling, distributing, or 
397.24  administering a controlled substance classified in schedule I or 
397.25  II is guilty of causing great bodily harm by distributing 
397.26  controlled substance and may be sentenced as provided in section 
397.27  609F.255. 
397.28     Sec. 30.  [609F.255] [FELONY CAUSING GREAT BODILY HARM BY 
397.29  DISTRIBUTING CONTROLLED SUBSTANCE.] 
397.30     Whoever violates section 609F.25 may be sentenced to 
397.31  imprisonment for not more than ten years or to payment of a fine 
397.32  of not more than $20,000, or both. 
397.33     Sec. 31.  [609F.27] [USING DRUG TO INJURE OR FACILITATE 
397.34  CRIME.] 
397.35     Whoever administers to another or causes another to take 
397.36  any poisonous, stupefying, overpowering, narcotic or anesthetic 
398.1   substance with intent thereby to injure or to facilitate the 
398.2   commission of a crime is guilty of using drug to injure or 
398.3   facilitate crime and may be sentenced as provided in section 
398.4   609F.275. 
398.5      Sec. 32.  [609F.275] [FELONY USING DRUG TO INJURE OR 
398.6   FACILITATE CRIME.] 
398.7      Whoever violates section 609F.27 may be sentenced to 
398.8   imprisonment for not more than five years or to payment of a 
398.9   fine of not more than $10,000, or both. 
398.10                         DRUG PARAPHERNALIA 
398.11     Sec. 33.  [609F.31] [POSSESSING DRUG PARAPHERNALIA.] 
398.12     A person who knowingly or intentionally uses or possesses 
398.13  drug paraphernalia is guilty of using or possessing drug 
398.14  paraphernalia and may be sentenced as provided in section 
398.15  609F.313 or 609F.315. 
398.16     Sec. 34.  [609F.313] [THIRD DEGREE MISDEMEANOR POSSESSING 
398.17  DRUG PARAPHERNALIA.] 
398.18     A person is guilty of a third degree misdemeanor if the 
398.19  person is convicted of an infraction under section 609F.315 and 
398.20  willfully and intentionally fails to comply with the infraction 
398.21  penalty.  Compliance with the terms of the infraction penalty at 
398.22  any time before conviction under this subdivision is an absolute 
398.23  defense. 
398.24     Sec. 35.  [609F.315] [INFRACTION POSSESSING OR USING DRUG 
398.25  PARAPHERNALIA.] 
398.26     Except as provided in section 609F.313, whoever violates 
398.27  section 609F.31 is guilty of an infraction. 
398.28     Sec. 36.  [609F.33] [MANUFACTURING OR DELIVERING DRUG 
398.29  PARAPHERNALIA.] 
398.30     A person who knowingly or intentionally delivers drug 
398.31  paraphernalia or knowingly or intentionally possesses or 
398.32  manufactures drug paraphernalia for delivery is guilty of 
398.33  manufacturing or delivering drug paraphernalia and may be 
398.34  sentenced as provided in section 609F.333 or 609F.335. 
398.35     Sec. 37.  [609F.333] [FIRST DEGREE MISDEMEANOR DELIVERING 
398.36  DRUG PARAPHERNALIA TO MINOR.] 
399.1      A person 18 years of age or older who violates section 
399.2   609F.33 by knowingly or intentionally delivering drug 
399.3   paraphernalia to a person under 18 years of age who is at least 
399.4   three years younger is guilty of a first degree misdemeanor. 
399.5      Sec. 38.  [609F.335] [SECOND DEGREE MISDEMEANOR 
399.6   MANUFACTURING OR DELIVERING DRUG PARAPHERNALIA.] 
399.7      Except as provided in section 609F.333, whoever violates 
399.8   section 609F.33 is guilty of a second degree misdemeanor. 
399.9      Sec. 39.  [609F.35] [ADVERTISING DRUG PARAPHERNALIA.] 
399.10     A person who knowingly or intentionally places in a 
399.11  newspaper, magazine, handbill, or other publication an 
399.12  advertisement or promotion for the sale of drug paraphernalia is 
399.13  guilty of advertising drug paraphernalia and may be sentenced as 
399.14  provided in section 609F.355.  
399.15     Sec. 40.  [609F.355] [THIRD DEGREE MISDEMEANOR ADVERTISING 
399.16  DRUG PARAPHERNALIA.] 
399.17     Whoever violates section 609F.35 is guilty of a third 
399.18  degree misdemeanor. 
399.19                  SIMULATED CONTROLLED SUBSTANCES 
399.20     Sec. 41.  [609F.41] [SIMULATED CONTROLLED SUBSTANCE.] 
399.21     Subdivision 1.  [PROHIBITION.] A person is guilty of a 
399.22  simulated controlled substance crime who knowingly manufactures, 
399.23  sells, transfers, or delivers or attempts to sell, transfer or 
399.24  deliver a noncontrolled substance upon: 
399.25     (a) the express representation that the noncontrolled 
399.26  substance is a narcotic or nonnarcotic controlled substance; 
399.27     (b) the express representation that the substance is of 
399.28  such nature or appearance that the recipient of the delivery 
399.29  will be able to sell, transfer or deliver the substance as a 
399.30  controlled substance; or 
399.31     (c) under circumstances that would lead a reasonable person 
399.32  to believe that the substance was a controlled substance.  Any 
399.33  of the following factors shall constitute relevant evidence: 
399.34     (1) the noncontrolled substance was packaged in a manner 
399.35  normally used for the illegal delivery of controlled substances; 
399.36     (2) the delivery or attempted delivery included an exchange 
400.1   of or demand for money or other valuable property in return for 
400.2   delivery of the noncontrolled substance, and the amount of the 
400.3   consideration substantially exceeded the reasonable value of the 
400.4   noncontrolled substance; or 
400.5      (3) the physical appearance of the noncontrolled substance 
400.6   is substantially identical to a specified controlled substance. 
400.7      Subd. 2.  [NO DEFENSE.] In any prosecution under this 
400.8   section, it is no defense that the accused believed the 
400.9   noncontrolled substance to actually be a controlled substance. 
400.10     Subd. 3.  [EXEMPTION.] This section does not apply to the 
400.11  prescribing and dispensing of placebos by licensed practitioners 
400.12  and licensed pharmacists. 
400.13     Sec. 42.  [609F.415] [FELONY SIMULATED CONTROLLED 
400.14  SUBSTANCE.] 
400.15     A person who violates section 609F.41 may be sentenced to 
400.16  imprisonment for not more than three years or to payment of a 
400.17  fine of not more than $20,000, or both.  Sentencing for a 
400.18  conviction for attempting to sell, transfer, or deliver a 
400.19  noncontrolled substance in violation of section 609F.41 is 
400.20  governed by section 609A.91 (attempts). 
400.21                PRECURSORS OF CONTROLLED SUBSTANCES 
400.22     Sec. 43.  [609F.51] [CONTROLLED SUBSTANCE PRECURSOR 
400.23  REPORTING REQUIREMENTS.] 
400.24     Subdivision 1.  [SPECIAL DEFINITIONS.] For purposes of this 
400.25  section, the following terms have the meanings given. 
400.26     (a) "Authorized agent" means an individual representing a 
400.27  business who is responsible for the disbursement or custody of 
400.28  precursor substances. 
400.29     (b) "Furnish" means to sell, transfer, deliver, send, or 
400.30  supply a precursor substance by any other means. 
400.31     (c) Except as provided in subdivision 2, "precursor 
400.32  substance" means any of the following precursors of controlled 
400.33  substances: 
400.34     (1) phenyl-2-propanone; 
400.35     (2) methylamine; 
400.36     (3) ethylamine; 
401.1      (4) d-lysergic acid; 
401.2      (5) ergotamine tartrate; 
401.3      (6) diethyl malonate; 
401.4      (7) malonic acid; 
401.5      (8) hydriodic acid; 
401.6      (9) ethyl malonate; 
401.7      (10) barbituric acid; 
401.8      (11) piperidine; 
401.9      (12) n-acetylanthranilic acid; 
401.10     (13) pyrrolidine; 
401.11     (14) phenylacetic acid; 
401.12     (15) anthranilic acid; 
401.13     (16) ephedrine; 
401.14     (17) pseudoephedrine; 
401.15     (18) norpseudoephedrine; 
401.16     (19) phenylpropanolamine; 
401.17     (20) propionic anhydride; 
401.18     (21) isosafrole; 
401.19     (22) safrole; 
401.20     (23) piperonal; 
401.21     (24) thionylchloride; 
401.22     (25) benzyl cyanide; 
401.23     (26) ergonovine maleate; 
401.24     (27) n-methylephedrine; 
401.25     (28) n-ethylpseudoephedrine; 
401.26     (29) n-methylpseudoephedrine; 
401.27     (30) chloroephedrine; 
401.28     (31) chloropseudoephedrine; and 
401.29     (32) any substance added to this list by rule adopted by 
401.30  the state board of pharmacy. 
401.31     (d) "Purchaser" is a manufacturer, wholesaler, retailer, or 
401.32  any other person in this state who receives or seeks to receive 
401.33  a precursor substance. 
401.34     (e) "Receive" means to purchase, receive, collect, or 
401.35  otherwise obtain a precursor substance from a supplier. 
401.36     (f) "Supplier" means manufacturer, wholesaler, retailer, or 
402.1   any other person in this or any other state who furnishes a 
402.2   precursor substance to another person in this state. 
402.3      Subd. 2.  [ADDING OR DELETING PRECURSOR SUBSTANCE BY RULE.] 
402.4   The state board of pharmacy may adopt rules under chapter 14 
402.5   that add a substance to the list in subdivision 1, paragraph 
402.6   (c), if the substance is a precursor to a controlled substance, 
402.7   or delete a substance from the list.  A rule adding or deleting 
402.8   a substance is effective only until December 31 of the year 
402.9   following the calendar year during which the rule was adopted. 
402.10     Subd. 3.  [PREDELIVERY REPORT.] A supplier who furnishes a 
402.11  precursor substance to a person in this state shall, not less 
402.12  than 21 days before delivery of the substance, submit to the 
402.13  bureau of criminal apprehension a report of the transaction that 
402.14  includes the identification information specified in subdivision 
402.15  6. 
402.16     Subd. 4.  [REPORT OF PRECURSOR SUBSTANCE RECEIVED FROM OUT 
402.17  OF STATE.] A purchaser of a precursor substance from outside of 
402.18  Minnesota shall, not less than 21 days before taking possession 
402.19  of the substance, submit to the bureau of criminal apprehension 
402.20  a report of the transaction that includes the identification 
402.21  information specified in subdivision 6. 
402.22     Subd. 5.  [REPORT OF MISSING PRECURSOR SUBSTANCE.] (a) A 
402.23  supplier or purchaser who discovers a discrepancy between the 
402.24  quantity of precursor substance shipped and the quantity of 
402.25  precursor substance received shall report the discrepancy to the 
402.26  bureau of criminal apprehension within three days after 
402.27  discovering the discrepancy. 
402.28     (b) The report must include: 
402.29     (1) the complete name and address of the purchaser; 
402.30     (2) the type of precursor substance missing; 
402.31     (3) whether the precursor substance is missing because of 
402.32  theft, loss, or shipping discrepancy; 
402.33     (4) the method of delivery used; 
402.34     (5) the name of the common carrier or person who 
402.35  transported the substance; and 
402.36     (6) the date of shipment. 
403.1      Subd. 6.  [PROPER IDENTIFICATION.] A report submitted by a 
403.2   supplier or purchaser under this section must include: 
403.3      (a) the purchaser's driver's license number or state 
403.4   identification number and residential or mailing address other 
403.5   than a post office box number taken from the purchaser's 
403.6   driver's license or state identification card, if the purchaser 
403.7   is not an authorized agent; 
403.8      (b) the motor vehicle license plate number of the motor 
403.9   vehicle operated by the purchaser at the time of sale, if the 
403.10  purchaser is not an authorized agent; 
403.11     (c) a complete description of how the precursor substance 
403.12  will be used, if the purchaser is not an authorized agent; 
403.13     (d) a letter of authorization from the business for which 
403.14  the precursor substance is being furnished, including the state 
403.15  tax identification number and address of the business, a full 
403.16  description of how the precursor substance is to be used, and 
403.17  the signature of the authorized agent for the purchaser; 
403.18     (e) the signature of the supplier as a witness to the 
403.19  signature and identification of the purchaser; 
403.20     (f) the type and quantity of the precursor substance; 
403.21     (g) the method of delivery used; and 
403.22     (h) the complete name and address of the supplier. 
403.23     Subd. 7.  [RETENTION OF RECORDS.] A supplier shall retain a 
403.24  copy of reports filed under subdivisions 3, 4, and 5 for five 
403.25  years.  A purchaser shall retain a copy of reports filed under 
403.26  subdivisions 4 and 5 for five years. 
403.27     Subd. 8.  [INSPECTIONS.] All records relating to sections 
403.28  609F.51 to 609F.515 shall be open to inspection by the bureau of 
403.29  criminal apprehension during regular business hours. 
403.30     Subd. 9.  [REGULAR REPORTS.] The bureau may authorize a 
403.31  purchaser or supplier to submit reports under subdivision 3 or 4 
403.32  on a monthly basis with respect to repeated, regular 
403.33  transactions between the supplier and the purchaser involving 
403.34  the same substance if the superintendent of the bureau of 
403.35  criminal apprehension determines that: 
403.36     (a) a pattern of regular supply of the precursor substance 
404.1   exists between the supplier and the purchaser of the substance; 
404.2   or 
404.3      (b) the purchaser has established a record of utilizing the 
404.4   precursor substance for lawful purposes. 
404.5      Subd. 10.  [EXCEPTIONS.] This section does not apply to: 
404.6      (a) a pharmacist or other authorized person who sells or 
404.7   furnishes a precursor substance on the prescription of a 
404.8   physician, dentist, podiatrist, or veterinarian; 
404.9      (b) a physician, dentist, podiatrist, or veterinarian who 
404.10  administers or furnishes a precursor substance to patients; 
404.11     (c) a manufacturer or wholesaler licensed by the state 
404.12  board of pharmacy who sells, transfers, or otherwise furnishes a 
404.13  precursor substance to a licensed pharmacy, physician, dentist, 
404.14  podiatrist, or veterinarian; or 
404.15     (d) the furnishing or receipt of a drug that contains 
404.16  ephedrine, pseudoephedrine, norpseudoephedrine, or 
404.17  phenylpropanolamine and is lawfully furnished over the counter 
404.18  without a prescription under the federal Food, Drug, and 
404.19  Cosmetic Act, United States Code, title 21, chapter 9, or 
404.20  regulations adopted under that act. 
404.21     Sec. 44.  [609F.513] [GROSS MISDEMEANOR PRECURSOR REPORTING 
404.22  VIOLATION.] 
404.23     A person who violates section 609F.51 is guilty of a gross 
404.24  misdemeanor if: 
404.25     (a) the person knowingly submits a report required by 
404.26  section 609F.51 with false or fictitious information; or 
404.27     (b) the violation is committed after a previous conviction 
404.28  under section 609F.51. 
404.29     Sec. 45.  [609F.515] [FIRST DEGREE MISDEMEANOR PRECURSOR 
404.30  REPORTING VIOLATION.] 
404.31     Except as provided in section 609F.513, a person who 
404.32  violates section 609F.51 is guilty of a first degree misdemeanor.
404.33                         SALES AND RECORDS 
404.34     Sec. 46.  [609F.61] [SALES, PERSONS ELIGIBLE.] 
404.35     No person other than a licensed pharmacist, assistant 
404.36  pharmacist or pharmacist intern under the supervision of a 
405.1   pharmacist, shall sell a stimulant or depressant drug and then 
405.2   only as provided in sections 609F.11 to 609F.73. 
405.3      Sec. 47.  [609F.63] [MANUFACTURERS AND DISTRIBUTORS 
405.4   RECORDS.] 
405.5      Subdivision 1.  [RECORDS TO BE PREPARED AND KEPT.] (a) 
405.6   Every person engaged in manufacturing, compounding, processing, 
405.7   selling, delivering or otherwise disposing of any controlled 
405.8   substance shall, upon May 1, 1973, and every second year 
405.9   thereafter, prepare a complete and accurate record of all stocks 
405.10  of each controlled substance on hand and shall keep the record 
405.11  for two years.  When additional controlled substances are 
405.12  designated, a similar record must be prepared upon the effective 
405.13  date of their designation. 
405.14     (b) Every person manufacturing, compounding or processing 
405.15  any controlled substance shall prepare and keep, for not less 
405.16  than two years, a complete and accurate record of the kind and 
405.17  quantity of each drug manufactured, compounded or processed and 
405.18  the date of the manufacture, compounding, or processing. 
405.19     (c) Every person selling, delivering, or otherwise 
405.20  disposing of any controlled substance shall prepare or obtain, 
405.21  and keep for not less than two years, a complete and accurate 
405.22  record of: 
405.23     (1) the kind and quantity of each such controlled substance 
405.24  received, sold, delivered, or otherwise disposed of; 
405.25     (2) the name and address from whom it was received and to 
405.26  whom it was sold, delivered or otherwise disposed of; and 
405.27     (3) the date of the transaction. 
405.28     (d) The form of the records shall be prescribed by the 
405.29  state board of pharmacy. 
405.30     Subd. 2.  [EXCEPTIONS.] This section shall not apply to: 
405.31     (a) a licensed doctor of medicine, a doctor of osteopathy 
405.32  duly licensed to practice medicine, a licensed doctor of 
405.33  dentistry, a licensed doctor of podiatry, or a licensed doctor 
405.34  of veterinary medicine in the course of that doctor's 
405.35  professional practice, unless the practitioner regularly engages 
405.36  in dispensing any such drugs to the practitioner's patients for 
406.1   which the patients are charged, either separately or together 
406.2   with charges for other professional services; or 
406.3      (b) a person engaged in bona fide research conducted under 
406.4   an exemption granted under applicable federal law. 
406.5                            PRESCRIPTIONS 
406.6      Sec. 48.  [609F.71] [WRITTEN OR ORAL PRESCRIPTIONS, 
406.7   REQUISITES.] 
406.8      Subdivision 1.  [PRESCRIPTIONS.] (a) No person may dispense 
406.9   a controlled substance included in Schedule II of section 
406.10  609F.03 without a prescription written by a doctor of medicine, 
406.11  a doctor of osteopathy licensed to practice medicine, a doctor 
406.12  of dental surgery, a doctor of dental medicine, a doctor of 
406.13  podiatry, or a doctor of veterinary medicine, lawfully licensed 
406.14  to prescribe in this state, or a state bordering Minnesota, and 
406.15  having a current federal drug enforcement administration 
406.16  registration number.  However, in emergency situations, as 
406.17  authorized by federal law, the controlled substance may be 
406.18  dispensed upon oral prescription reduced promptly to writing and 
406.19  filed by the pharmacist.  The prescription shall be retained in 
406.20  conformity with section 609F.63.  No prescription for a Schedule 
406.21  II substance may be refilled. 
406.22     (b) For the purposes of this chapter, a written 
406.23  prescription or oral prescription, which shall be reduced to 
406.24  writing, for a controlled substance in schedule II, III, IV or V 
406.25  is void unless: 
406.26     (1) it is written in ink and contains the name and address 
406.27  of the person for whose use it is intended; 
406.28     (2) it states the amount of the controlled substance to be 
406.29  compounded or dispensed, with directions for its use; 
406.30     (3) if it is a written prescription, it contains the 
406.31  signature, address and federal registry number of the prescriber 
406.32  and a designation of the branch of the healing art pursued by 
406.33  the prescriber; and if it is an oral prescription, it contains 
406.34  the name and address of the prescriber and a designation of the 
406.35  prescriber's branch of the healing art; and 
406.36     (4) it shows the date when signed by the prescriber, or the 
407.1   date of acceptance in the pharmacy if an oral prescription. 
407.2      (c) Every licensed pharmacist who compounds any such 
407.3   prescription shall retain the prescription in a file for a 
407.4   period of not less than two years, open to inspection by any 
407.5   officer of the state, county, or city government, whose duty it 
407.6   is to aid and assist with the enforcement of this chapter. 
407.7      (d) Every such pharmacist shall distinctly label the 
407.8   container with the directions contained in the prescription for 
407.9   the use thereof. 
407.10     Subd. 2.  [PRESCRIPTION REQUIREMENT.] (a) No person may 
407.11  dispense a controlled substance included in schedule III or IV 
407.12  of section 609F.03 without a written or oral prescription from a 
407.13  doctor of medicine, a doctor of osteopathy licensed to practice 
407.14  medicine, a doctor of dental surgery, a doctor of dental 
407.15  medicine, a doctor of podiatry, or a doctor of veterinary 
407.16  medicine, lawfully licensed to prescribe in this state or a 
407.17  state bordering Minnesota, and having a current federal drug 
407.18  enforcement administration registration number. 
407.19     (b) The prescription may not be dispensed or refilled 
407.20  except with the written or verbal consent of the prescriber, and 
407.21  in no event more than six months after the date on which the 
407.22  prescription was issued. 
407.23     (c) No such prescription may be refilled more than five 
407.24  times. 
407.25     Subd. 3.  [ORPHAN DRUGS.] For the purpose of subdivisions 1 
407.26  and 2, nothing shall prohibit the dispensing of orphan drugs 
407.27  prescribed by a person: 
407.28     (a) practicing in and licensed by another state as a 
407.29  physician, dentist, veterinarian, or podiatrist; 
407.30     (b) who has a current federal drug enforcement 
407.31  administration registration number; and 
407.32     (c) who may legally prescribe Schedule II, III, IV, or V 
407.33  controlled substances in that state. 
407.34     Sec. 49.  [609F.73] [DOCTOR MAY PRESCRIBE.] 
407.35     Subdivision 1.  [WHO MAY PRESCRIBE.] A licensed doctor of 
407.36  medicine, a doctor of osteopathy duly licensed to practice 
408.1   medicine, a doctor of dental surgery, or a doctor of dental 
408.2   medicine, or a licensed doctor of podiatry, in the course of 
408.3   professional practice only, may prescribe, administer, and 
408.4   dispense a controlled substance included in Schedules II through 
408.5   V of section 609F.03, may cause the same to be administered by a 
408.6   nurse, an intern or an assistant under the direction and 
408.7   supervision of the doctor, and may cause a person who is an 
408.8   appropriately certified and licensed health care professional to 
408.9   prescribe and administer the same within the expressed legal 
408.10  scope of the person's practice as defined in Minnesota Statutes. 
408.11     Subd. 2.  [DOCTOR OF VETERINARY MEDICINE.] A licensed 
408.12  doctor of veterinary medicine, in good faith, and in the course 
408.13  of professional practice only, and not for use by a human being, 
408.14  may prescribe, administer, and dispense a controlled substance 
408.15  included in schedules II through V of section 609F.03, and may 
408.16  cause the same to be administered by an assistant under the 
408.17  doctor's direction and supervision.  
408.18     Subd. 3.  [RESEARCH PROJECTS.] (a) Any qualified person may 
408.19  use controlled substances in the course of a bona fide research 
408.20  project but cannot administer or dispense controlled substances 
408.21  to human beings unless they are prescribed, dispensed and 
408.22  administered by a person lawfully authorized to do so. 
408.23     (b) Every person who engages in research involving the use 
408.24  of controlled substances shall apply annually for registration 
408.25  by the state board of pharmacy, except such registration is not 
408.26  required if the person is covered by and has complied with 
408.27  federal laws covering the research projects. 
408.28     Subd. 4.  [SALE AND POSSESSION OF CONTROLLED SUBSTANCES; 
408.29  PHARMACIES; AND OTHERS.] (a) Nothing in this chapter prohibits 
408.30  the sale to, or the possession of, a controlled substance in 
408.31  schedule II, III, IV or V by: 
408.32     (1) registered drug wholesalers; 
408.33     (2) registered manufacturers; 
408.34     (3) registered pharmacies; 
408.35     (4) licensed hospitals or other licensed institutions 
408.36  wherein sick and injured persons are cared for or treated; 
409.1      (5) bona fide hospitals wherein animals are treated; 
409.2      (6) licensed pharmacists; or 
409.3      (7) licensed doctors of medicine, doctors of osteopathy 
409.4   duly licensed to practice medicine, licensed doctors of dental 
409.5   surgery, licensed doctors of dental medicine, licensed doctors 
409.6   of podiatry, or licensed doctors of veterinary medicine when the 
409.7   practitioners use controlled substances within the course of 
409.8   their professional practice only. 
409.9      (b) Nothing in this chapter prohibits the possession of a 
409.10  controlled substance in schedule II, III, IV or V by: 
409.11     (1) an employee or agent of a registered drug wholesaler, 
409.12  registered manufacturer, or registered pharmacy, while acting in 
409.13  the course of employment; 
409.14     (2) a patient of a licensed doctor of medicine, a doctor of 
409.15  osteopathy duly licensed to practice medicine, or a licensed 
409.16  doctor of dental surgery, a licensed doctor of dental medicine, 
409.17  or by the owner of an animal for which a controlled substance 
409.18  has been prescribed by a licensed doctor of veterinary medicine, 
409.19  when the controlled substances are dispensed according to law. 
409.20     Subd. 5.  [ANONYMOUS ANALYSIS.] Nothing in this chapter 
409.21  prohibits: 
409.22     (a) an analytical laboratory from conducting an anonymous 
409.23  analysis service when the laboratory is registered by the 
409.24  Federal Drug Enforcement Administration; or 
409.25     (b) the possession of a controlled substance by an employee 
409.26  or agent of the analytical laboratory while acting in the course 
409.27  of employment.  
409.28     Sec. 50.  [609F.75] [STATE BOARD OF PHARMACY DUTIES.] 
409.29     It shall be the duty of the state board of pharmacy to 
409.30  enforce the provisions of this chapter.  The power and authority 
409.31  of the board, as now defined by the laws of this state, are 
409.32  hereby extended so as to be commensurate with the duties hereby 
409.33  imposed. 
409.34                      MISCELLANEOUS PROVISIONS 
409.35     Sec. 51.  [609F.81] [PENALTIES UNDER OTHER LAWS.] 
409.36     Any penalty imposed for violation of this chapter is in 
410.1   addition to, and not in lieu of, any civil or administrative 
410.2   penalty or sanction otherwise authorized by law. 
410.3      Sec. 52.  [609F.83] [LOCAL REGULATIONS.] 
410.4      Sections 609F.31 to 609F.355 do not preempt enforcement or 
410.5   preclude adoption of local ordinances prohibiting or otherwise 
410.6   regulating the manufacture, delivery, possession, or 
410.7   advertisement of drug paraphernalia. 
410.8      Sec. 53.  [609F.85] [THC THERAPEUTIC RESEARCH ACT.] 
410.9      Subdivision 1.  [FINDINGS AND PURPOSE.] (a) The legislature 
410.10  finds that scientific literature indicates promise for 
410.11  delta-9-tetrahydro-cannabinol (THC), the active component of 
410.12  marijuana, in alleviating certain side effects of cancer 
410.13  chemotherapy under strictly controlled medical circumstances. 
410.14     (b) The legislature also finds that further research and 
410.15  strictly controlled experimentation regarding the therapeutic 
410.16  use of THC is necessary and desirable.  The intent of this 
410.17  section is to establish an extensive research program to 
410.18  investigate and report on the therapeutic effects of THC under 
410.19  strictly controlled circumstances in compliance with all federal 
410.20  laws and regulations promulgated by the federal food and drug 
410.21  administration, the national institute on drug abuse and the 
410.22  drug enforcement administration.  The intent of the legislature 
410.23  is to allow this research program the greatest possible access 
410.24  to qualified cancer patients residing in Minnesota who meet 
410.25  protocol requirements.  The establishment of this research 
410.26  program is not intended in any manner whatsoever to condone or 
410.27  promote the illicit recreational use of marijuana. 
410.28     Subd. 2.  [SPECIAL DEFINITIONS.] For purposes of this 
410.29  section, the following terms shall have the meanings given. 
410.30     (a) "Commissioner" means the commissioner of health. 
410.31     (b) "Marijuana" means: 
410.32     (1) marijuana as defined in section 609F.01; 
410.33     (2) delta-9-tetrahydro-cannabinol (THC); 
410.34     (3) tetrahydrocannabinols; 
410.35     (4) a chemical derivative of tetrahydrocannabinols; and 
410.36     (5) all species of the genus Cannabis. 
411.1      (c) "Principal investigator" means the individual 
411.2   responsible for the medical and scientific aspects of the 
411.3   research, development of protocol, and contacting and qualifying 
411.4   the clinical investigators in the state. 
411.5      (d) "Clinical investigators" means those individuals who 
411.6   conduct the clinical trials. 
411.7      (e) "Sponsor" means that individual or organization who, 
411.8   acting on behalf of the state, has the total responsibility for 
411.9   the state program. 
411.10     Subd. 3.  [RESEARCH GRANT.] (a) The commissioner of health 
411.11  shall grant funds to the principal investigator selected by the 
411.12  commissioner pursuant to subdivision 4 for the purpose of 
411.13  conducting a research program under a protocol approved by the 
411.14  FDA regarding the therapeutic use of oral THC and other dosage 
411.15  forms, if available, according to the guidelines and 
411.16  requirements of the federal food and drug administration, the 
411.17  drug enforcement administration and the national institute on 
411.18  drug abuse.  The commissioner shall ensure that the research 
411.19  principal investigator complies with the requirements of 
411.20  subdivision 5.  The commissioner may designate the principal 
411.21  investigator as the sponsor. 
411.22     (b) The commissioner shall report to the legislature on 
411.23  January 1 of each odd-numbered year on the number of oncologists 
411.24  and patients involved in the program and the results available 
411.25  at that date regarding the effects of therapeutic use of THC on 
411.26  patients involved in the program.  The commissioner shall also 
411.27  report on the current status of THC under the federal Food, Drug 
411.28  and Cosmetic Act and the federal Controlled Substances Act. 
411.29     Subd. 4.  [PRINCIPAL INVESTIGATOR.] Within three months 
411.30  after April 25, 1980, the commissioner shall, in consultation 
411.31  with a representative chosen by the state board of pharmacy and 
411.32  a representative chosen by the state board of medical examiners, 
411.33  select a person or research organization to be the principal 
411.34  investigator of the research program.  
411.35     Subd. 5.  [DUTIES.] The principal investigator shall: 
411.36     (a) apply to the Food and Drug Administration for a notice 
412.1   of "Claimed Investigational Exemption for a New Drug (IND)" 
412.2   pursuant to the Federal Food, Drug and Cosmetic Act, United 
412.3   States Code, title 21, section 301, et seq., and shall comply 
412.4   with all applicable laws and regulations of the federal food and 
412.5   drug administration, the drug enforcement administration, and 
412.6   the national institute on drug abuse in establishing the 
412.7   program; 
412.8      (b) notify every oncologist in the state of the program, 
412.9   explain the purposes and requirements of the program to them, 
412.10  provide on request each of them with a copy of the approved 
412.11  protocol which shall include summaries of current papers in 
412.12  medical journals reporting on research concerning the safety, 
412.13  efficacy and appropriate use of THC in alleviating the nausea 
412.14  and emetic effects of cancer chemotherapy, and provide on 
412.15  request each of them with a bibliography of other articles 
412.16  published in medical journals; 
412.17     (c) allow each oncologist (clinical investigator) in the 
412.18  state who meets or agrees to meet all applicable federal 
412.19  requirements for investigational new drug research and who so 
412.20  requests to be included in the research program as a clinical 
412.21  investigator to conduct the clinical trials; 
412.22     (d) provide explanatory information and assistance to each 
412.23  clinical investigator in understanding the nature of therapeutic 
412.24  use of THC within program requirements, including the Informed 
412.25  Consent Document contained in the protocol, informing and 
412.26  counseling patients involved in the program regarding the 
412.27  appropriate use and the effects of therapeutic use of THC; 
412.28     (e) apply to contract with the national institute on drug 
412.29  abuse for receipt of dosage forms of THC, fully characterized as 
412.30  to contents and delivery to the human system, pursuant to 
412.31  regulations promulgated by the national institute on drug abuse, 
412.32  and the federal food and drug administration.  The principal 
412.33  investigator shall ensure delivery of the THC dosages to 
412.34  clinical investigators as needed for participation in the 
412.35  program; 
412.36     (f) conduct the research program in compliance with federal 
413.1   laws and regulations promulgated by the federal food and drug 
413.2   administration, the drug enforcement administration, the 
413.3   national institute on drug abuse, and the purposes and 
413.4   provisions of this section; 
413.5      (g) submit periodic reports as determined by the 
413.6   commissioner on the numbers of oncologists and patients involved 
413.7   in the program and the results of the program; 
413.8      (h) submit reports on intermediate or final research 
413.9   results, as appropriate, to the major scientific journals in the 
413.10  United States; and 
413.11     (i) otherwise comply with the provisions of this section. 
413.12     Subd. 6.  [EXEMPTION FROM CRIMINAL SANCTIONS.] (a) For the 
413.13  purposes of this section, the following are not violations under 
413.14  this chapter: 
413.15     (1) use or possession of THC, or both, by a patient in the 
413.16  research program; 
413.17     (2) possession, prescribing use of, administering, or 
413.18  dispensing THC, or any combination of these actions, by the 
413.19  principal investigator or by any clinical investigator; and 
413.20     (3) possession or distribution of THC, or both, by a 
413.21  pharmacy registered to handle schedule I substances which stores 
413.22  THC on behalf of the principal investigator or a clinical 
413.23  investigator. 
413.24     (b) THC obtained and distributed pursuant to this section 
413.25  is not subject to forfeiture under sections 609M.03 to 609M.37. 
413.26     (c) For the purposes of this section, THC is removed from 
413.27  schedule I contained in section 609F.03, subdivision 2, and 
413.28  inserted in schedule II contained in section 609F.03, 
413.29  subdivision 3. 
413.30     Subd. 7.  [CITATION.] This section may be cited as the "THC 
413.31  Therapeutic Research Act." 
413.32     Sec. 54.  [609F.87] [PUBLIC INFORMATION:  SCHOOL ZONES, 
413.33  PARK ZONES, AND PUBLIC HOUSING ZONES.] 
413.34     The attorney general shall disseminate information to the 
413.35  public relating to the penalties for committing controlled 
413.36  substance crimes in park zones, school zones, and public housing 
414.1   zones.  The attorney general shall draft a plain language 
414.2   version of sections 609F.113 and 609F.115 and relevant 
414.3   provisions of the sentencing guidelines, that describes in a 
414.4   clear and coherent manner using words with common and everyday 
414.5   meanings the content of those provisions.  The attorney general 
414.6   shall publicize and disseminate the plain language version as 
414.7   widely as practicable, including distributing the version to 
414.8   school boards, local governments, and administrators and 
414.9   occupants of public housing. 
414.10                             ARTICLE 10 
414.11                     THEFT AND RELATED OFFENSES 
414.12                               THEFT 
414.13     Section 1.  [609G.11] [THEFT.] 
414.14     Subdivision 1.  [BASIC PROVISIONS.] Whoever does any of the 
414.15  following is guilty of theft and may be sentenced as provided in 
414.16  sections 609G.111 to 609G.119: 
414.17     (a) intentionally and without claim of right takes, uses, 
414.18  transfers, conceals, or retains possession of movable property 
414.19  of another without the other's consent and with intent to 
414.20  deprive the owner permanently of possession of the property; 
414.21     (b) having a legal interest in movable property, 
414.22  intentionally and without consent, takes the property out of the 
414.23  possession of a pledgee or other person having a superior right 
414.24  of possession, with intent thereby to deprive the pledgee or 
414.25  other person permanently of the possession of the property; or 
414.26     (c) intentionally takes or drives a motor vehicle without 
414.27  the consent of the owner or an authorized agent of the owner. 
414.28     Subd. 2.  [SWINDLE; FALSE REPRESENTATION.] Whoever does any 
414.29  of the following is guilty of theft and may be sentenced as 
414.30  provided in sections 609G.111 to 609G.119: 
414.31     (a) obtains property or services from another person by 
414.32  swindling, whether by artifice, trick, device, or any other 
414.33  means; or 
414.34     (b) obtains for the actor or another the possession, 
414.35  custody, or title to property of or performance of services by a 
414.36  third person by intentionally deceiving the third person with a 
415.1   false representation that is known to be false, made with intent 
415.2   to defraud, and that does defraud the person to whom it is made. 
415.3   "False representation" includes, without limitation: 
415.4      (1) a promise made with intent not to perform.  Failure to 
415.5   perform is not evidence of intent not to perform unless 
415.6   corroborated by other substantial evidence; 
415.7      (2) the preparation or filing of a claim for reimbursement, 
415.8   a rate application, or a cost report used to establish a rate or 
415.9   claim for payment for medical care provided to a recipient of 
415.10  medical assistance under chapter 256B, that intentionally and 
415.11  falsely states the costs of or actual services provided by a 
415.12  vendor of medical care; 
415.13     (3) the preparation or filing of a claim for reimbursement 
415.14  for providing treatment or supplies required to be furnished to 
415.15  an employee under section 176.135 that intentionally and falsely 
415.16  states the costs of or actual treatment or supplies provided; or 
415.17     (4) the preparation or filing of a claim for reimbursement 
415.18  for providing treatment or supplies required to be furnished to 
415.19  an employee under section 176.135 for treatment or supplies that 
415.20  the provider knew were medically unnecessary, inappropriate, or 
415.21  excessive. 
415.22     Subd. 3.  [RENT THEFT.] (a) A lessee who leases or rents 
415.23  personal property under a written instrument is guilty of theft 
415.24  and may be sentenced as provided in sections 609G.112 to 
415.25  609G.119 if the lessee: 
415.26     (1) with intent to place the property beyond the control of 
415.27  the lessor, conceals or aids or abets the concealment of the 
415.28  property or any part thereof; or 
415.29     (2) sells, conveys, or encumbers the property or any part 
415.30  thereof without the lessor's written consent, without informing 
415.31  the person to whom the lessee sells, conveys, or encumbers that 
415.32  the property is subject to the lease, and with intent to deprive 
415.33  the lessor of possession of the property. 
415.34     (b) Evidence that a lessee used a false or fictitious name 
415.35  or address in obtaining the property or fails or refuses to 
415.36  return the property to the lessor within five days after written 
416.1   demand for the return has been served personally in the manner 
416.2   provided for service of process of a civil action or sent by 
416.3   certified mail to the last known address of the lessee, 
416.4   whichever shall occur later, shall be evidence of intent to 
416.5   violate this subdivision.  Service by certified mail is complete 
416.6   upon deposit in the United States mail of the demand, postpaid 
416.7   and addressed to the lessee at the address for the lessee set 
416.8   forth in the lease or rental agreement, or, in the absence of 
416.9   the address, to the lessee's last known place of residence. 
416.10     Subd. 4.  [CORPORATE PROPERTY; TRADE SECRETS.] Whoever does 
416.11  any of the following is guilty of theft and may be sentenced as 
416.12  provided in sections 609G.111 to 609G.119: 
416.13     (a) with intent to defraud, diverts corporate property 
416.14  other than in accordance with general business purposes or for 
416.15  purposes other than those specified in the corporation's 
416.16  articles of incorporation; 
416.17     (b) with intent to defraud, authorizes or causes a 
416.18  corporation to make a distribution in violation of section 
416.19  302A.551, or any other state law in conformity with it; or 
416.20     (c) intentionally and without claim of right converts any 
416.21  article representing a trade secret, knowing it to be such, to 
416.22  the actor's own use or that of another person or makes a copy of 
416.23  an article representing a trade secret, knowing it to be such, 
416.24  and intentionally and without claim of right converts the same 
416.25  to the actor's own use or that of another person.  It shall be a 
416.26  complete defense to any prosecution under this paragraph for the 
416.27  defendant to show that information comprising the trade secret 
416.28  was rightfully known or available to the defendant from a source 
416.29  other than the owner of the trade secret. 
416.30     Subd. 5.  [CABLE AND TELECOMMUNICATION SERVICES.] Whoever 
416.31  does any of the following is guilty of theft and may be 
416.32  sentenced as provided in sections 609G.112 to 609G.119: 
416.33     (a) intentionally deprives another of a lawful charge for 
416.34  telecommunications service by: 
416.35     (1) making, using, or attempting to make or use an 
416.36  unauthorized connection whether physical, electrical, by wire, 
417.1   microwave, radio, or other means to a component of a local 
417.2   telecommunication system as provided in chapter 237; or 
417.3      (2) attaching an unauthorized device to a cable, wire, 
417.4   microwave, radio, or other component of a local 
417.5   telecommunication system as provided in chapter 237; or 
417.6      (b) intentionally deprives another of a lawful charge for 
417.7   cable television service by: 
417.8      (1) making or using or attempting to make or use an 
417.9   unauthorized external connection outside the individual dwelling 
417.10  unit whether physical, electrical, acoustical, inductive, or 
417.11  other connection; or 
417.12     (2) attaching any unauthorized device to any cable, wire, 
417.13  microwave, or other component of a licensed cable-communications 
417.14  system as defined in chapter 238.  Nothing herein shall be 
417.15  construed to prohibit the electronic video rerecording of 
417.16  program material transmitted on the cable-communications system 
417.17  by a subscriber for fair use as defined by Public Law Number 
417.18  94-553, section 107. 
417.19     Subd 6.  [SERIAL NUMBERS.] Whoever does any of the 
417.20  following is guilty of theft and may be sentenced as provided in 
417.21  sections 609G.112 to 609G.119: 
417.22     (a) alters, removes, or obliterates numbers or symbols 
417.23  placed on movable property for purpose of identification by the 
417.24  owner or person who has legal custody or right to possession 
417.25  thereof with the intent to prevent identification, if the person 
417.26  who alters, removes, or obliterates the numbers or symbols is 
417.27  not the owner and does not have the permission of the owner to 
417.28  make the alteration, removal, or obliteration; or 
417.29     (b) with the intent to prevent the identification of 
417.30  property involved, so as to deprive the rightful owner of 
417.31  possession thereof, alters or removes any permanent serial 
417.32  number, permanent distinguishing number or manufacturer's 
417.33  identification number on personal property or possesses, sells, 
417.34  or buys any personal property knowing or having reason to know 
417.35  that the permanent serial number, permanent distinguishing 
417.36  number, or manufacturer's identification number has been removed 
418.1   or altered. 
418.2      Subd. 7.  [EMBEZZLEMENT OF PUBLIC FUNDS.] Whoever does an 
418.3   act that constitutes embezzlement under the provisions of 
418.4   Minnesota Constitution, Article XI, Section 13, is guilty of 
418.5   theft and may be sentenced as provided in section 609G.111 or 
418.6   609G.113. 
418.7      Subd. 8.  [OTHER PROVISIONS.] Whoever does any of the 
418.8   following is guilty of theft and may be sentenced as provided in 
418.9   sections 609G.112 to 609G.119: 
418.10     (a) except as provided in subdivision 5 (cable and 
418.11  telecommunication services), obtains the services of another 
418.12  with the intention of receiving those services without making 
418.13  the agreed or reasonably expected payment of money or other 
418.14  consideration; 
418.15     (b) finds lost property and, knowing or having reasonable 
418.16  means of ascertaining the true owner, appropriates it to the 
418.17  finder's own use or to that of another not entitled thereto 
418.18  without first having made reasonable effort to find the owner 
418.19  and offer and surrender the property to the owner; or 
418.20     (c) intentionally obtains property or services, offered 
418.21  upon the deposit of a sum of money or tokens in a coin or token 
418.22  operated machine or other receptacle, without making the 
418.23  required deposit or otherwise obtaining the consent of the 
418.24  owner; or 
418.25     (d) intentionally, and without permission from library 
418.26  personnel, removes any books, maps, pictures, manuscripts, 
418.27  films, or other property of any public library or library 
418.28  belonging to the state or to any political subdivision. 
418.29     Subd. 9.  [INTENT TO EXERCISE TEMPORARY CONTROL.] Whoever 
418.30  intentionally commits any of the acts listed in this section, 
418.31  but with intent to exercise temporary control only, is guilty of 
418.32  theft and may be sentenced as provided in sections 609G.111 to 
418.33  609G.119 if: 
418.34     (a) the control exercised manifests an indifference to the 
418.35  rights of the owner or the restoration of the property to the 
418.36  owner; 
419.1      (b) the actor pledges or otherwise attempts to subject the 
419.2   property to an adverse claim; or 
419.3      (c) the actor intends to restore the property only on 
419.4   condition that the owner pay a reward or buy back or make other 
419.5   compensation. 
419.6      Subd. 10.  [AGGREGATION.] In any prosecution under 
419.7   subdivision 1, paragraph (a) or (b), 2, or 8, paragraph (a) 
419.8   (theft of property, theft from pledgee, theft by swindle or 
419.9   false representation, or theft of services), the value of the 
419.10  money, property, or services received by the defendant in 
419.11  violation of any one or more of the above provisions within any 
419.12  six-month period may be aggregated and the defendant charged 
419.13  accordingly under sections 609G.111 to 609G.119.  When two or 
419.14  more offenses are committed by the same person in two or more 
419.15  counties, the accused may be prosecuted in any county in which 
419.16  one of the offenses was committed for all of the offenses 
419.17  aggregated under this subdivision. 
419.18     Subd. 11.  [CABLE AND TELECOMMUNICATION SERVICES; 
419.19  EVIDENCE.] For purposes of subdivision 5, the existence of an 
419.20  unauthorized connection is prima facie evidence that the 
419.21  occupier of the premises: 
419.22     (a) made or was aware of the connection; and 
419.23     (b) was aware that the connection was unauthorized. 
419.24     Sec. 2.  [609G.111] [FIRST DEGREE FELONY THEFT.] 
419.25     Whoever commits theft may be sentenced to imprisonment for 
419.26  not more than 20 years or to payment of a fine of not more than 
419.27  $250,000, or both, if: 
419.28     (a) the property stolen is a firearm; or 
419.29     (b) the conviction is for a violation of section 609G.11, 
419.30  subdivision 2, or subdivision 4, paragraph (a) or (b) (swindle, 
419.31  false representation, or corporate property), and the value of 
419.32  the property or services stolen is $50,000 or more. 
419.33     Sec. 3.  [609G.112] [SECOND DEGREE FELONY THEFT.] 
419.34     Except as provided in section 609G.111, whoever commits 
419.35  theft may be sentenced to imprisonment for not more than ten 
419.36  years or to payment of a fine of not more than $50,000, or both, 
420.1   if: 
420.2      (a) the value of the property or services stolen is $10,000 
420.3   or more, or 
420.4      (b) the property stolen is an article representing a trade 
420.5   secret, an explosive or incendiary device, or a controlled 
420.6   substance listed in schedule I or II pursuant to section 
420.7   609F.03, with the exception of marijuana. 
420.8      Sec. 4.  [609G.113] [THIRD DEGREE FELONY THEFT.] 
420.9      Except as provided in sections 609G.111 and 609G.112, 
420.10  whoever commits theft may be sentenced to imprisonment for not 
420.11  more than five years or to payment of a fine of not more than 
420.12  $25,000, or both, if: 
420.13     (a) the value of the property or services stolen is $3,000 
420.14  or more; 
420.15     (b) the property stolen is a controlled substance listed in 
420.16  schedule III, IV, or V pursuant to section 609F.03; 
420.17     (c) the value of the property or services stolen is $1,000 
420.18  or more and the violation is committed within five years after 
420.19  conviction of an enhancing theft-related offense; 
420.20     (d) the value of the property or services stolen is $500 or 
420.21  more and the violation is committed within five years after the 
420.22  first of two convictions of enhancing theft-related offenses; or 
420.23     (e) any of the following circumstances exists: 
420.24     (1) the property is taken from the person of another or 
420.25  from a corpse, or grave, or coffin containing a corpse; 
420.26     (2) the property is a record of a court or officer, or a 
420.27  writing, instrument, or record kept, filed, or deposited 
420.28  according to law with or in the keeping of any public officer or 
420.29  office; 
420.30     (3) the property is taken from a burning, abandoned, or 
420.31  vacant building, or from an area of destruction caused by civil 
420.32  disaster, riot, bombing, or the proximity of battle; 
420.33     (4) the property consists of public funds belonging to the 
420.34  state or to any political subdivision or agency thereof; or 
420.35     (5) the property stolen is a motor vehicle. 
420.36     Sec. 5.  [609G.115] [GROSS MISDEMEANOR THEFT.] 
421.1      Except as provided in sections 609G.111 to 609G.113, 
421.2   whoever commits theft is guilty of a gross misdemeanor if the 
421.3   value of the property or services stolen is $1,000 or more. 
421.4      Sec. 6.  [609G.116] [FIRST DEGREE MISDEMEANOR THEFT.] 
421.5      Except as provided in sections 609G.111 to 609G.115, 
421.6   whoever commits theft is guilty of a first degree misdemeanor if 
421.7   the value of the property or services stolen is $500 or more. 
421.8      Sec. 7.  [609G.117] [SECOND DEGREE MISDEMEANOR THEFT.] 
421.9      Except as provided in sections 609G.111 to 609G.116, 
421.10  whoever commits theft is guilty of a second degree misdemeanor 
421.11  if the value of the property or services stolen is $250 or more. 
421.12     Sec. 8.  [609G.118] [THIRD DEGREE MISDEMEANOR THEFT.] 
421.13     Except as provided in sections 609G.111 to 609G.117, 
421.14  whoever commits theft is guilty of a third degree misdemeanor if:
421.15     (a) the value of the property or services stolen is $100 or 
421.16  more; or 
421.17     (b) the violation is committed within 12 months after a 
421.18  previous theft conviction. 
421.19     Sec. 9.  [609G.119] [INFRACTION THEFT.] 
421.20     Except as provided in sections 609G.111 to 609G.118, 
421.21  whoever commits theft is guilty of an infraction. 
421.22     Sec. 10.  [609G.13] [WRONGFULLY OBTAINED PUBLIC ASSISTANCE; 
421.23  CONSIDERATION OF DISQUALIFICATION.] 
421.24     When determining the sentence for a person convicted of 
421.25  theft by wrongfully obtaining public assistance, as defined in 
421.26  section 256.98, subdivision 1, the court shall consider the fact 
421.27  that, under section 256.98, subdivision 8, the person will be 
421.28  disqualified from receiving public assistance as a result of the 
421.29  person's conviction. 
421.30     Sec. 11.  [609G.15] [RETURN OF STOLEN PROPERTY TO OWNERS.] 
421.31     Subdivision 1.  [PHOTOGRAPHIC RECORD.] Photographs of 
421.32  property over which a person is alleged to have exerted 
421.33  unauthorized control, or to have otherwise obtained unlawfully, 
421.34  are admissible into evidence if the photographs comply with all 
421.35  rules governing the admissibility of photographs into evidence. 
421.36     Subd. 2.  [RECORD OF PROPERTY.] The photographs may bear a 
422.1   written description of the property alleged to have been 
422.2   wrongfully taken, the name of the owner of the property taken, 
422.3   the name of the accused, the name of the arresting law 
422.4   enforcement officer, the date of the photograph, and the 
422.5   signature of the photographer. 
422.6      Subd. 3.  [RETURN OF PROPERTY.] A law enforcement agency 
422.7   holding property over which a person is alleged to have exerted 
422.8   unauthorized control, or to have otherwise obtained unlawfully, 
422.9   may return that property to its owner if: 
422.10     (a) the law enforcement agency files and retains the 
422.11  appropriately identified photographs; 
422.12     (b) the owner shows satisfactory proof of ownership; 
422.13     (c) the owner signs a declaration of ownership under 
422.14  penalty of perjury; and 
422.15     (d) the owner provides a receipt for the property upon 
422.16  delivery by the law enforcement agency. 
422.17     Subd. 4.  [EXAMINATION OF PROPERTY.] If the recovered 
422.18  property has a value in excess of $150, then the owner shall 
422.19  retain possession for at least 14 days to allow the defense 
422.20  attorney to examine the property. 
422.21     Sec. 12.  [609G.17] [CIVIL LIABILITY FOR THEFT.] 
422.22     Subdivision 1.  [LIABILITY FOR THEFT OF PROPERTY.] A person 
422.23  who steals personal property from another is civilly liable to 
422.24  the owner of the property for its value when stolen plus 
422.25  punitive damages of either $50 or up to 100 percent of its value 
422.26  when stolen, whichever is greater.  If the property is 
422.27  merchandise stolen from a retail store, its value is the retail 
422.28  price of the merchandise in the store when the theft occurred. 
422.29     Subd. 2.  [NOTICE.] In order to recover under subdivision 1 
422.30  for the theft of a shopping cart, a store must have posted at 
422.31  the time of the theft a conspicuous notice describing the 
422.32  liability under subdivision 1. 
422.33     Subd. 3.  [LIABILITY OF PARENT OR GUARDIAN.] Section 540.18 
422.34  applies to this section, except that recovery is not limited to 
422.35  special damages. 
422.36     Subd. 4.  [CRIMINAL ACTION.] The filing of a criminal 
423.1   complaint, conviction, or guilty plea is not a prerequisite to 
423.2   liability under this section.  Payment or nonpayment may not be 
423.3   used as evidence in a criminal action. 
423.4      Subd. 5.  [RECOVERY OF PROPERTY.] The recovery of stolen 
423.5   property by a person does not affect liability under this 
423.6   section, other than liability for the value of the property. 
423.7      Subd. 6.  [RIGHT TO DEMAND PAYMENT.] A person may make a 
423.8   written demand for payment for the liability imposed by this 
423.9   section before beginning an action, including a copy of this 
423.10  section and a description of the liability contained in this 
423.11  section. 
423.12                     POSSESSING STOLEN PROPERTY 
423.13     Sec. 13.  [609G.21] [POSSESSING STOLEN PROPERTY.] 
423.14     Any person who receives, possesses, transfers, buys, or 
423.15  conceals any stolen property or property obtained by robbery, 
423.16  knowing or having reason to know the property was stolen or 
423.17  obtained by robbery, may be sentenced in accordance with the 
423.18  provisions of sections 609G.112 to 609G.119. 
423.19     Sec. 14.  [609G.23] [CIVIL ACTION TREBLE DAMAGES FOR 
423.20  RECEIVING OR POSSESSING STOLEN PROPERTY.] 
423.21     Any person who has been injured by a violation of section 
423.22  609G.21 may bring an action for three times the amount of actual 
423.23  damages sustained by the plaintiff or $1,500, whichever is 
423.24  greater, and the costs of suit and reasonable attorney's fees. 
423.25     Sec. 15.  [609G.25] [BRINGING STOLEN GOODS INTO THE STATE.] 
423.26     Subdivision 1.  [PENALTIES.] Whoever brings property into 
423.27  the state which the actor has stolen outside the state, or 
423.28  received outside of the state knowing or having reason to know 
423.29  the property was stolen, may be sentenced in accordance with the 
423.30  provisions of sections 609G.111 to 609G.119. 
423.31     Subd. 2.  [PLACE OF PROSECUTION.] The actor may be charged, 
423.32  indicted, and tried in any county, but not more than one county, 
423.33  into or through which the actor has brought such property. 
423.34     Subd. 3.  [SCOPE.] Property is stolen within the meaning of 
423.35  this section if the act by which the owner was deprived of 
423.36  property was a criminal offense under the laws of the state in 
424.1   which the act was committed and would constitute a theft under 
424.2   this chapter if the act had been committed in this state. 
424.3      Sec. 16.  [609G.27] [DUTY OF COMMISSION MERCHANTS AND 
424.4   BROKERS.] 
424.5      It is the duty of every commission merchant, copartnership, 
424.6   association, corporation, or broker, doing business as such, to 
424.7   furnish to every customer or principal for whom the commission 
424.8   merchant, broker, copartnership, corporation, or association has 
424.9   executed any order, for the actual purchase or sale of any 
424.10  stocks, grain, provisions, or other commodities, or personal 
424.11  property, either for immediate or future delivery, a written 
424.12  statement containing the names of the parties from whom the 
424.13  property was bought, or to whom it shall have been sold, as the 
424.14  case may be, the time when, the place where, and the price at 
424.15  which the property was either bought or sold.  If the commission 
424.16  merchant, broker, copartnership, corporation, or association 
424.17  fails to properly furnish such a statement, the fact of the 
424.18  failure is prima facie evidence that the property was not sold 
424.19  or bought in a legitimate manner. 
424.20                           CHECK OFFENSES 
424.21     Sec. 17.  [609G.31] [ISSUING DISHONORED CHECK.] 
424.22     Subdivision 1.  [UNLAWFUL CONDUCT.] Whoever issues a check 
424.23  which, at the time of issuance, the issuer intends shall not be 
424.24  paid, is guilty of issuing a dishonored check. 
424.25     Subd. 2.  [AGGREGATION.] In a prosecution under this 
424.26  section, the value of dishonored checks issued by the defendant 
424.27  in violation of this section within any six-month period may be 
424.28  aggregated and the defendant charged accordingly in applying 
424.29  this section.  When two or more offenses are committed by the 
424.30  same person in two or more counties, the accused may be 
424.31  prosecuted in any county in which one of the dishonored checks 
424.32  was issued for all of the offenses aggregated under this 
424.33  subdivision. 
424.34     Subd. 3.  [PROOF OF INTENT.] (a) Any of the following is 
424.35  evidence sufficient to sustain a finding that the person, at the 
424.36  time the person issued the check, intended it should not be paid:
425.1      (1) proof that, at the time of issuance, the issuer did not 
425.2   have an account with the drawee; 
425.3      (2) proof that, at the time of issuance, the issuer did not 
425.4   have sufficient funds or credit with the drawee and that the 
425.5   issuer failed to pay the check within five business days after 
425.6   mailing of notice of nonpayment or dishonor as provided in this 
425.7   subdivision; or 
425.8      (3) proof that, when presentment was made within a 
425.9   reasonable time, the issuer did not have sufficient funds or 
425.10  credit with the drawee and that the issuer failed to pay the 
425.11  check within five business days after mailing of notice of 
425.12  nonpayment or dishonor as provided in this subdivision. 
425.13     (b) Notice of nonpayment or dishonor that includes a 
425.14  citation to and a description of the penalties in this section 
425.15  shall be sent by the payee or holder of the check to the maker 
425.16  or drawer by certified mail, return receipt requested, or by 
425.17  regular mail, supported by an affidavit of service by mailing, 
425.18  to the address printed on the check.  Refusal by the maker or 
425.19  drawer of the check to accept certified mail notice or failure 
425.20  to claim certified or regular mail notice is not a defense that 
425.21  notice was not received. 
425.22     (c) The notice may state that unless the check is paid in 
425.23  full within five business days after mailing of the notice of 
425.24  nonpayment or dishonor, the payee or holder of the check will or 
425.25  may refer the matter to proper authorities for prosecution under 
425.26  this section. 
425.27     (d) An affidavit of service by mailing shall be retained by 
425.28  the payee or holder of the check. 
425.29     Subd. 4.  [PROOF OF LACK OF FUNDS OR CREDIT.] If the check 
425.30  has been protested, the notice of protest is admissible as proof 
425.31  of presentation, nonpayment, and protest, and is evidence 
425.32  sufficient to sustain a finding that there was a lack of funds 
425.33  or credit with the drawee. 
425.34     Subd. 5.  [EXCEPTIONS.] This section does not apply to a 
425.35  postdated check or to a check given for a past consideration, 
425.36  except a payroll check or a check issued to a fund for employee 
426.1   benefits. 
426.2      Subd. 6.  [RELEASE OF ACCOUNT INFORMATION TO LAW 
426.3   ENFORCEMENT AUTHORITIES.] (a) A drawee shall release the 
426.4   information specified below to any state, county, or local law 
426.5   enforcement or prosecuting authority which certifies in writing 
426.6   that it is investigating or prosecuting a complaint against the 
426.7   drawer under this section, and that 15 days have elapsed since 
426.8   the mailing of the notice of dishonor required by subdivisions 3 
426.9   and 8.  This subdivision applies to the following information 
426.10  relating to the drawer's account: 
426.11     (1) documents relating to the opening of the account by the 
426.12  drawer and to the closing of the account; 
426.13     (2) notices regarding nonsufficient funds, overdrafts, and 
426.14  the dishonor of any check drawn on the account within a period 
426.15  of six months of the date of request; 
426.16     (3) periodic statements mailed to the drawer by the drawee 
426.17  for the periods immediately prior to, during, and subsequent to 
426.18  the issuance of any check which is the subject of the 
426.19  investigation or prosecution; or 
426.20     (4) the last known home and business addresses and 
426.21  telephone numbers of the drawer. 
426.22     (b) The drawee shall release all of the information 
426.23  described in paragraph (a), clauses (1) to (4), that it 
426.24  possesses within ten days after receipt of a request conforming 
426.25  to all of the provisions of this subdivision.  The drawee may 
426.26  not impose a fee for furnishing this information to law 
426.27  enforcement or prosecuting authorities. 
426.28     (c) A drawee is not liable in a criminal or civil 
426.29  proceeding for releasing information in accordance with this 
426.30  subdivision. 
426.31     Subd. 7.  [RELEASE OF ACCOUNT INFORMATION TO PAYEE OR 
426.32  HOLDER.] (a) A drawee shall release the information specified in 
426.33  paragraph (c), clauses (1) to (3), to the payee or holder of a 
426.34  check that has been dishonored who makes a written request for 
426.35  this information and states, in writing, that the check has been 
426.36  dishonored and that 30 days have elapsed since the mailing of 
427.1   the notice described in subdivision 8 and who accompanies this 
427.2   request with a copy of the dishonored check and a copy of the 
427.3   notice of dishonor. 
427.4      (b) The requesting payee or holder shall notify the drawee 
427.5   immediately to cancel this request if payment is made before the 
427.6   drawee has released this information. 
427.7      (c) This subdivision applies to the following information 
427.8   relating to the drawer's account: 
427.9      (1) whether at the time the check was issued or presented 
427.10  for payment the drawer had sufficient funds or credit with the 
427.11  drawee, and whether at that time the account was open, closed, 
427.12  or restricted for any reason and the date it was closed or 
427.13  restricted; 
427.14     (2) the last known home address and telephone number of the 
427.15  drawer.  The drawee may not release the address or telephone 
427.16  number of the place of employment of the drawer unless the 
427.17  drawer is a business entity or the place of employment is the 
427.18  home; and 
427.19     (3) a statement as to whether the aggregated value of 
427.20  dishonored checks attributable to the drawer within six months 
427.21  before or after the date of the dishonored check exceeds $250; 
427.22  for purposes of this clause, a check is not dishonored if 
427.23  payment was not made pursuant to a stop payment order. 
427.24     (d) The drawee shall release all of the information 
427.25  described in paragraph (c), clauses (1) to (3), that it 
427.26  possesses within ten days after receipt of a request conforming 
427.27  to all of the provisions of this subdivision.  The drawee may 
427.28  require the person requesting the information to pay the 
427.29  reasonable costs, not to exceed 15 cents per page, of 
427.30  reproducing and mailing the requested information. 
427.31     (e) A drawee is not liable in a criminal or civil 
427.32  proceeding for releasing information in accordance with this 
427.33  subdivision. 
427.34     Subd. 8.  [NOTICE.] The provisions of subdivisions 6 and 7 
427.35  are not applicable unless the notice to the maker or drawer 
427.36  required by subdivision 3 states that if the check is not paid 
428.1   in full within five business days after mailing of the notice, 
428.2   the drawee will be authorized to release information relating to 
428.3   the account to the payee or holder of the check and may also 
428.4   release this information to law enforcement or prosecuting 
428.5   authorities. 
428.6      Sec. 18.  [609G.313] [FELONY ISSUING DISHONORED CHECK.] 
428.7      Whoever violates section 609G.31, subdivision 1, may be 
428.8   sentenced to imprisonment for not more than five years or to 
428.9   payment of a fine of not more than $25,000, or both, if the 
428.10  value of the dishonored check, or checks aggregated under 
428.11  section 609G.31, subdivision 2, is $3,000 or more. 
428.12     Sec. 19.  [609G.315] [GROSS MISDEMEANOR ISSUING DISHONORED 
428.13  CHECK.] 
428.14     Except as provided in section 609G.313, whoever violates 
428.15  section 609G.31, subdivision 1, is guilty of a gross misdemeanor 
428.16  if the value of the dishonored check, or checks, aggregated 
428.17  under section 609G.31, subdivision 2, is $1,000 or more. 
428.18     Sec. 20.  [609G.317] [SECOND DEGREE MISDEMEANOR ISSUING 
428.19  DISHONORED CHECK.] 
428.20     Except as provided in sections 609G.313 and 609G.315, 
428.21  whoever violates section 609G.31, subdivision 1, is guilty of a 
428.22  second degree misdemeanor if: 
428.23     (a) the value of the dishonored check, or checks, 
428.24  aggregated under section 609G.31, subdivision 2, is $250 or 
428.25  more; or 
428.26     (b) the violation is committed within 12 months after a 
428.27  previous conviction under section 609G.31. 
428.28     Sec. 21.  [609G.319] [INFRACTION ISSUING DISHONORED CHECK.] 
428.29     Subdivision 1.  [PENALTY.] Except as provided in sections 
428.30  609G.313 to 609G.317, whoever violates section 609G.31, 
428.31  subdivision 1, is guilty of an infraction. 
428.32     Subd. 2.  [CITATION UPON PROBABLE CAUSE.] A peace officer 
428.33  may issue a citation for infraction issuing dishonored check if 
428.34  the officer has probable cause to believe that the defendant has 
428.35  violated section 609G.31. 
428.36     Sec. 22.  [609G.33] [CIVIL LIABILITY FOR ISSUING DISHONORED 
429.1   CHECK.] 
429.2      Subdivision 1.  [LIABILITY.] (a) Whoever issues any check 
429.3   that is dishonored and is not paid within 30 days after mailing 
429.4   a notice of dishonor that includes a citation to this section 
429.5   and section 609G.31 (issuing dishonored check), and a 
429.6   description of the penalties contained in these sections, in 
429.7   compliance with subdivision 3, is liable to the payee, holder, 
429.8   or agent of the holder for: 
429.9      (1) the amount of the check plus a civil penalty of up to 
429.10  $100 or up to 100 percent of the value of the check, whichever 
429.11  is greater; 
429.12     (2) interest at the rate payable on judgments pursuant to 
429.13  section 549.09 on the face amount of the check from the date of 
429.14  dishonor; and 
429.15     (3) reasonable attorney's fees if the aggregate amount of 
429.16  dishonored checks issued by the issuer to all payees within a 
429.17  six-month period is over $1,250. 
429.18     (b) If the amount of the dishonored check plus any service 
429.19  charges that have been incurred under paragraph (d) or (e) have 
429.20  not been paid within 30 days after the mailing of a notice of 
429.21  dishonor in compliance with subdivision 3, but before the 
429.22  bringing of an action, a payee, holder, or agent of the holder 
429.23  may make a written demand for payment for the liability imposed 
429.24  by paragraph (a) by sending a copy of this section and a 
429.25  description of the liability contained in this section to the 
429.26  issuer's last known address. 
429.27     (c) After notice has been sent but before an action under 
429.28  this section is heard by the court, the plaintiff shall settle 
429.29  the claim if the defendant gives the plaintiff the amount of the 
429.30  check plus court costs, any service charge owed under paragraph 
429.31  (d), and reasonable attorney's fees if provided for under 
429.32  paragraph (a), clause (3). 
429.33     (d) A service charge may be imposed immediately on any 
429.34  dishonored check, regardless of mailing a notice of dishonor, if 
429.35  written notice of the service charge was conspicuously displayed 
429.36  on the premises when the check was issued.  The service charge 
430.1   may not exceed $20, except that if the payee uses the services 
430.2   of a law enforcement agency to obtain payment of a dishonored 
430.3   check, a service charge of up to $25 may be imposed if the 
430.4   service charge is used to reimburse the law enforcement agency 
430.5   for its expenses.  A payee may impose only one service charge 
430.6   under this paragraph for each dishonored check. 
430.7      (e) This subdivision prevails over any provision of law 
430.8   limiting, prohibiting, or otherwise regulating service charges 
430.9   authorized by this subdivision, but does not nullify charges for 
430.10  dishonored checks, which do not exceed the charges in paragraph 
430.11  (d), or the actual cost of collection, but in no case more than 
430.12  $30, or terms or conditions for imposing the charges that have 
430.13  been agreed to by the parties to an express contract. 
430.14     Subd. 2.  [NOTICE OF DISHONOR REQUIRED.] Notice of 
430.15  nonpayment or dishonor that includes a citation to this section 
430.16  and section 609G.31 (issuing dishonored check), and a 
430.17  description of the penalties contained in these sections, shall 
430.18  be sent by the payee or holder of the check to the drawer by 
430.19  certified mail, return receipt requested, or by regular mail, 
430.20  supported by an affidavit of service by mailing, to the address 
430.21  printed or written on the check.  The issuance of a check with 
430.22  an address printed or written on it is a representation by the 
430.23  drawer that the address is the correct address for receipt of 
430.24  mail concerning the check.  Failure of the drawer to receive a 
430.25  regular or certified mail notice sent to that address is not a 
430.26  defense to liability under this section, if the drawer has had 
430.27  actual notice for 30 days that the check has been dishonored.  
430.28  An affidavit of service by mailing shall be retained by the 
430.29  payee or holder of the check. 
430.30     Subd. 3.  [PROOF OF IDENTITY.] The check is prima facie 
430.31  evidence of the identity of the drawer if the person receiving 
430.32  the check: 
430.33     (a) records the following information about the drawer on 
430.34  the check, unless it is printed on the face of the check: 
430.35     (1) name; 
430.36     (2) home or work address; 
431.1      (3) home or work telephone number; and 
431.2      (4) identification number issued pursuant to section 
431.3   169J.15 (information on licenses and identification cards); 
431.4      (b) compares the drawer's physical appearance, signature, 
431.5   and the personal information recorded on the check with the 
431.6   drawer's identification card issued pursuant to section 169J.15; 
431.7   and 
431.8      (c) initials the check to indicate compliance with these 
431.9   requirements. 
431.10     Subd. 4.  [DEFENSES.] Any defense otherwise available to 
431.11  the drawer also applies to liability under this section. 
431.12     Sec. 23.  [609G.35] [MAKING OR OFFERING FORGED CHECK.] 
431.13     Subdivision 1.  [MAKING FORGED CHECK.] A person is guilty 
431.14  of check forgery if the person, with intent to defraud, does any 
431.15  of the following: 
431.16     (a) falsely makes or alters a check so that it purports to 
431.17  have been made by another or by the maker under an assumed or 
431.18  fictitious name, or at another time, or with different 
431.19  provisions, or by the authority of one who did not give 
431.20  authority; or 
431.21     (b) falsely endorses or alters a check so that it purports 
431.22  to have been endorsed by another. 
431.23     Subd. 2.  [OFFERING FORGED CHECK.] A person who, with 
431.24  intent to defraud, offers, or possesses with intent to offer, a 
431.25  forged check, whether or not it is accepted, is guilty of 
431.26  offering a forged check. 
431.27     Subd. 3.  [AGGREGATION.] In any prosecution under this 
431.28  section, the value of the checks forged or offered by the 
431.29  defendant in violation of this section within any six-month 
431.30  period may be aggregated and the defendant charged accordingly 
431.31  in applying the provisions of this section.  When two or more 
431.32  offenses are committed by the same person in two or more 
431.33  counties, the accused may be prosecuted in any county in which 
431.34  one of the checks was forged or offered for all of the offenses 
431.35  aggregated under this subdivision. 
431.36     Sec. 24.  [609G.351] [FIRST DEGREE FELONY FORGED CHECK.] 
432.1      A person who violates section 609G.35 may be sentenced to 
432.2   imprisonment for not more than 20 years or to payment of a fine 
432.3   of not more than $250,000, or both, if: 
432.4      (a) the forged check or checks are used to obtain, or in an 
432.5   attempt to obtain, property or services of $50,000 or more; or 
432.6      (b) the aggregate amount of the forged check or checks is 
432.7   $50,000 or more. 
432.8      Sec. 25.  [609G.352] [SECOND DEGREE FELONY FORGED CHECK.] 
432.9      Except as provided in section 609G.351, a person who 
432.10  violates section 609G.35 may be sentenced to imprisonment for 
432.11  not more than ten years or to payment of a fine of not more than 
432.12  $50,000, or both, if: 
432.13     (a) the forged check or checks are used to obtain, or in an 
432.14  attempt to obtain, property or services of $10,000 or more; or 
432.15     (b) the aggregate amount of the forged check or checks is 
432.16  $10,000 or more. 
432.17     Sec. 26.  [609G.353] [THIRD DEGREE FELONY FORGED CHECK.] 
432.18     Except as provided in sections 609G.351 and 609G.352, a 
432.19  person who violates section 609G.35 may be sentenced to 
432.20  imprisonment for not more than five years or to payment of a 
432.21  fine of not more than $25,000, or both, if: 
432.22     (a) the forged check or checks are used to obtain, or in an 
432.23  attempt to obtain, property or services of $1,000 or more; 
432.24     (b) the aggregate face amount of the forged check or checks 
432.25  is $1,000 or more; or 
432.26     (c) the violation is committed within five years after 
432.27  conviction of an enhancing theft-related offense. 
432.28     Sec. 27.  [609G.355] [GROSS MISDEMEANOR FORGED CHECK.] 
432.29     Except as provided in sections 609G.351 to 609G.353, a 
432.30  person who violates section 609G.35 is guilty of a gross 
432.31  misdemeanor if: 
432.32     (a) the forged check or checks are used to obtain, or in an 
432.33  attempt to obtain, property or services of $250 or more; or 
432.34     (b) the aggregate face amount of the forged check or checks 
432.35  is $250 or more. 
432.36     Sec. 28.  [609G.357] [FIRST DEGREE MISDEMEANOR FORGED 
433.1   CHECK.] 
433.2      Except as provided in sections 609G.351 to 609G.355, a 
433.3   person who violates section 609G.35 is guilty of a first degree 
433.4   misdemeanor. 
433.5                 CREDIT AND TRANSACTION CARD OFFENSES 
433.6      Sec. 29.  [609G.41] [FINANCIAL TRANSACTION CARD FRAUD.] 
433.7      Subdivision 1.  [FALSE STATEMENT OR REPORT.] A person who 
433.8   does either of the following is guilty of financial transaction 
433.9   card fraud: 
433.10     (a) upon applying for a financial transaction card to an 
433.11  issuer, or for a public assistance benefit that is distributed 
433.12  by means of a financial transaction card: 
433.13     (1) knowingly gives a false name or occupation; 
433.14     (2) knowingly and substantially overvalues assets or 
433.15  substantially undervalues indebtedness for the purpose of 
433.16  inducing the issuer to issue a financial transaction card; or 
433.17     (3) knowingly makes a false statement or representation for 
433.18  the purpose of inducing an issuer to issue a financial 
433.19  transaction card used to obtain a public assistance benefit; or 
433.20     (b) with intent to defraud, falsely notifies the issuer or 
433.21  any other person of a theft, loss, disappearance, or nonreceipt 
433.22  of a financial transaction card. 
433.23     Subd. 2.  [FRAUDULENT USE OF CARD.] A person who does any 
433.24  of the following is guilty of financial transaction card fraud: 
433.25     (a) without the consent of the cardholder, and knowing that 
433.26  the cardholder has not given consent, uses or attempts to use a 
433.27  card to obtain the property of another, services, or a public 
433.28  assistance benefit issued for the use of another; 
433.29     (b) uses or attempts to use a card knowing it to be forged, 
433.30  false, fictitious, or obtained in violation of subdivision 1, 
433.31  paragraph (a); 
433.32     (c) being authorized by an issuer to furnish money, goods, 
433.33  services, or anything else of value, knowingly and with an 
433.34  intent to defraud the issuer or the cardholder: 
433.35     (1) furnishes money, goods, services, or anything else of 
433.36  value upon presentation of a financial transaction card knowing 
434.1   it to be forged, expired, or revoked, or knowing that it is 
434.2   presented by a person without authority to use the card; or 
434.3      (2) represents, in writing, to the issuer that the person 
434.4   has furnished money, goods, services, or anything else of value 
434.5   which has not in fact been furnished; or 
434.6      (d) without the consent of the cardholder and knowing that 
434.7   the cardholder has not given consent, falsely alters, makes, or 
434.8   signs any written document pertaining to a card transaction to 
434.9   obtain or attempt to obtain property or services. 
434.10     Subd. 3.  [SELLING UNAUTHORIZED CARD OR POSSESSING MULTIPLE 
434.11  UNAUTHORIZED CARDS.] A person who does either of the following 
434.12  is guilty of financial transaction card fraud: 
434.13     (a) sells or transfers a card knowing that the cardholder 
434.14  and issuer have not authorized the person to whom the card is 
434.15  sold or transferred to use the card, or that the card is forged, 
434.16  false, fictitious, or was obtained in violation of subdivision 
434.17  1, paragraph (a); or 
434.18     (b) without a legitimate business purpose, and without the 
434.19  consent of the cardholders, receives or possesses, with intent 
434.20  to use, or with intent to sell or transfer in violation of 
434.21  paragraph (a), two or more cards issued in the name of another, 
434.22  or two or more cards knowing the cards to be forged, false, 
434.23  fictitious, or obtained in violation of subdivision 1, paragraph 
434.24  (a). 
434.25     Subd. 4.  [AGGREGATION.] In any prosecution under 
434.26  subdivision 2, the value of the transactions made or attempted 
434.27  within any six-month period may be aggregated and the defendant 
434.28  charged accordingly in applying the provisions of this section.  
434.29  When two or more offenses are committed by the same person in 
434.30  two or more counties, the accused may be prosecuted in any 
434.31  county in which one of the card transactions occurred for all of 
434.32  the transactions aggregated under this subdivision. 
434.33     Sec. 30.  [609G.411] [FIRST DEGREE FELONY FINANCIAL 
434.34  TRANSACTION CARD FRAUD.] 
434.35     A person may be sentenced to imprisonment for not more than 
434.36  20 years or to payment of a fine of not more than $100,000, or 
435.1   both, if: 
435.2      (a) the person violates section 609G.41, subdivision 1, and 
435.3   by means of the false statement or false report obtains services 
435.4   or property, other than a financial transaction card, of a value 
435.5   of $50,000 or more; or 
435.6      (b) the person violates section 609G.41, subdivision 2, and 
435.7   either: 
435.8      (1) the value of the property or services the person 
435.9   obtains or attempts to obtain is $50,000 or more; or 
435.10     (2) the aggregate amount of the transactions under section 
435.11  609G.41, subdivision 4, is $50,000 or more. 
435.12     Sec. 31.  [609G.412] [SECOND DEGREE FELONY FINANCIAL 
435.13  TRANSACTION CARD FRAUD.] 
435.14     Except as provided in section 609G.411, a person may be 
435.15  sentenced to imprisonment for not more than ten years or to 
435.16  payment of a fine of not more than $50,000, or both, if: 
435.17     (a) the person violates section 609G.41, subdivision 1, and 
435.18  by means of the false statement or false report obtains services 
435.19  or property, other than a financial transaction card, of a value 
435.20  of $10,000 or more; or 
435.21     (b) the person violates section 609G.41, subdivision 2, and 
435.22  either: 
435.23     (1) the value of the property or services the person 
435.24  obtains or attempts to obtain of $10,000 or more; or 
435.25     (2) the aggregate amount of the transactions under section 
435.26  609G.41, subdivision 4, is $10,000 or more. 
435.27     Sec. 32.  [609G.413] [THIRD DEGREE FELONY FINANCIAL 
435.28  TRANSACTION CARD FRAUD.] 
435.29     Except as provided in sections 609G.411 and 609G.412, a 
435.30  person may be sentenced to imprisonment for not more than five 
435.31  years or to payment of a fine of not more than $25,000, or both, 
435.32  if: 
435.33     (a) the person violates section 609G.41, subdivision 1, and 
435.34  by means of the false statement or false report obtains services 
435.35  or property, other than a financial transaction card, of a value 
435.36  of $1,000 or more; or 
436.1      (b) the person violates section 609G.41, subdivision 2, and 
436.2   either: 
436.3      (1) the value of the property or services the person 
436.4   obtains or attempts to obtain of $1,000 or more; 
436.5      (2) the aggregate amount of the transactions under section 
436.6   609G.41, subdivision 4, is $1,000 or more; or 
436.7      (3) the violation is committed within five years after 
436.8   conviction of an enhancing theft-related offense. 
436.9      Sec. 33.  [609G.414] [FOURTH DEGREE FELONY FINANCIAL 
436.10  TRANSACTION CARD FRAUD.] 
436.11     A person who violates section 609G.41, subdivision 3, may 
436.12  be sentenced to imprisonment for not more than three years or to 
436.13  payment of a fine of not more than $15,000, or both. 
436.14     Sec. 34.  [609G.416] [GROSS MISDEMEANOR FINANCIAL 
436.15  TRANSACTION CARD FRAUD.] 
436.16     Except as provided in sections 609G.411 to 609G.413, a 
436.17  person is guilty of a gross misdemeanor if: 
436.18     (a) the person violates section 609G.41, subdivision 1, and 
436.19  by means of the false statement or false report obtains services 
436.20  or property, other than a financial transaction card, of a value 
436.21  of $250 or more; or 
436.22     (b) the person violates section 609G.41, subdivision 2, and 
436.23  either: 
436.24     (1) the value of the property or services the person 
436.25  obtains or attempts to obtain is $250 or more; or 
436.26     (2) the aggregate amount of the transactions under section 
436.27  609G.411, subdivision 4, is $250 or more. 
436.28     Sec. 35.  [609G.418] [FIRST DEGREE MISDEMEANOR FINANCIAL 
436.29  TRANSACTION CARD FRAUD.] 
436.30     A person is guilty of a first degree misdemeanor if: 
436.31     (a) the person violates section 609G.41, subdivision 1, and 
436.32  by means of the false statement or false report either: 
436.33     (1) obtains services or property, other than a financial 
436.34  transaction card, of a value less than $250; or 
436.35     (2) obtains no services or property other than a financial 
436.36  transaction card; or 
437.1      (b) the person violates section 609G.41, subdivision 2, and 
437.2   either: 
437.3      (1) the value of the property or services the person 
437.4   obtains or attempts to obtain is less than $250; or 
437.5      (2) the aggregate amount of the transactions under section 
437.6   609G.411, subdivision 4, is less than $250. 
437.7      Sec. 36.  [609G.43] [FRAUD IN OBTAINING CREDIT.] 
437.8      Subdivision 1.  [ACTS CONSTITUTING.] A person who, with 
437.9   intent to defraud, obtains personal credit or credit for another 
437.10  from a bank, trust company, savings association, or credit 
437.11  union, by means of a present or past false representation as to 
437.12  the person's or another's financial ability is guilty of fraud 
437.13  in obtaining credit. 
437.14     Subd. 2.  [PENALTY WHERE MONEY OR PROPERTY OBTAINED.] If a 
437.15  person violates subdivision 1 and obtains money or property of a 
437.16  value of $250 or more, the person obtaining the credit may be 
437.17  sentenced as provided in sections 609G.112 to 609G.117. 
437.18     Sec. 37.  [609G.435] [THIRD DEGREE MISDEMEANOR FRAUD IN 
437.19  OBTAINING CREDIT.] 
437.20     If a person violates section 609G.43 and obtains no money 
437.21  or property or obtains money or property of a value less than 
437.22  $250 by means of the credit, the person is guilty of a third 
437.23  degree misdemeanor. 
437.24              POSSESSING SHOPLIFTING AND THEFT DEVICES 
437.25     Sec. 38.  [609G.51] [POSSESSING SHOPLIFTING OR THEFT 
437.26  DEVICE.] 
437.27     A person is guilty of possessing a shoplifting or theft 
437.28  device if the person possesses: 
437.29     (a) any device, gear, or instrument specially designed to 
437.30  assist in shoplifting with intent to use the same to shoplift 
437.31  and thereby commit theft; or 
437.32     (b) any device, explosive, or other instrumentality with 
437.33  intent to use or permit the use of the same to commit theft. 
437.34     Sec. 39.  [609G.515] [FELONY POSSESSING THEFT TOOLS.] 
437.35     Whoever violates section 609G.51 may be sentenced to 
437.36  imprisonment for not more than three years or to payment of a 
438.1   fine of not more than $15,000, or both. 
438.2                     OTHER THEFT-RELATED OFFENSES 
438.3      Sec. 40.  [609G.61] [MOTOR VEHICLE TAMPERING.] 
438.4      Anyone who intentionally does the following is guilty of 
438.5   motor vehicle tampering: 
438.6      (a) rides in or on a motor vehicle knowing that the vehicle 
438.7   was taken and is being driven by another without the owner's 
438.8   permission; or 
438.9      (b) tampers with or enters into or on a motor vehicle 
438.10  without the owner's permission. 
438.11     Sec. 41.  [609G.615] [SECOND DEGREE MISDEMEANOR MOTOR 
438.12  VEHICLE TAMPERING.] 
438.13     Whoever violates section 609G.61 is guilty of a second 
438.14  degree misdemeanor. 
438.15     Sec. 42.  [609G.63] [DETAINING LIBRARY PROPERTY.] 
438.16     Subdivision 1.  [ACTS CONSTITUTING.] A person who detains a 
438.17  book, periodical, pamphlet, film, or other property belonging to 
438.18  any public library, or to a library belonging to the state or 
438.19  any political subdivision, for more than 60 days after notice in 
438.20  writing to return it, given after the expiration of the 
438.21  library's stated loan period for the material, is guilty of 
438.22  detaining library property. 
438.23     Subd. 2.  [WRITTEN NOTICE.] The written notice described in 
438.24  subdivision 1 shall be sent by mail to the last known address of 
438.25  the person detaining the material.  The notice shall state the 
438.26  type of material borrowed, the title of the material, the 
438.27  author's name, the library from which the material was borrowed, 
438.28  and the date by which the material was to have been returned to 
438.29  the library.  The notice shall include a statement indicating 
438.30  that if the material is not returned within 60 days after the 
438.31  written notice the borrower will be in violation of this section.
438.32     Subd. 3.  [RESPONSIBILITY FOR PROSECUTION FOR REGIONAL 
438.33  LIBRARIES.] For regional libraries, the county attorney for the 
438.34  county in which the offense occurred shall prosecute violations 
438.35  of this section. 
438.36     Sec. 43.  [609G.635] [INFRACTION DETAINING LIBRARY 
439.1   PROPERTY.] 
439.2      Whoever violates section 609G.63 is guilty of an infraction.
439.3      Sec. 44.  [609G.65] [UNLAWFUL TOKEN.] 
439.4      Subdivision 1.  [MANUFACTURING OR DISTRIBUTING TOKENS.] A 
439.5   person is guilty of unlawful token and may be punished as 
439.6   provided in section 609G.655 if the person manufactures, sells, 
439.7   offers for sale, advertises for sale, or distributes tokens, 
439.8   checks, or slugs similar in size and shape to lawful coin of the 
439.9   United States with knowledge or reason to believe that the 
439.10  tokens, checks, or slugs may be used in substitution for any 
439.11  such lawful coin in any vending machine, parking meter, service 
439.12  meter, coin box telephone, or other coin receptacle designed to 
439.13  receive or be operated only by lawful coin of the United States 
439.14  in connection with the sale, use, or enjoyment of property, 
439.15  privilege, or service. 
439.16     Subd. 2.  [RESTRICTIONS AS TO SIZE OF TOKENS.] A person is 
439.17  guilty of unlawful token and may be punished as provided in 
439.18  section 609G.655 if the person manufactures, sells, offers for 
439.19  sale, or distributes any checks, tokens, or slugs that are not 
439.20  either five percent larger or five percent smaller in diameter 
439.21  than any lawful coin of the United States. 
439.22     Subd. 3.  [KNOWLEDGE OF ILLEGAL USE PRESUMED.] In the trial 
439.23  of a defendant for violation of this section, knowledge or 
439.24  reason to believe, within the meaning thereof, shall be deemed 
439.25  to exist upon the presentation of proof to the court that any 
439.26  county attorney, sheriff, or chief of police in the state, or a 
439.27  deputy or delegate of such officer, has given written notice to 
439.28  the defendant that tokens, checks, or slugs of the kind 
439.29  manufactured, sold, offered for sale, advertised for sale, or 
439.30  distributed by the defendant are being used in substitution for 
439.31  lawful coin in the operation of any such coin receptacle or 
439.32  machine; provided that the notice was given prior to the time of 
439.33  the manufacture, sale, offering for sale, advertising for sale, 
439.34  or distribution of such tokens, checks, or slugs for which the 
439.35  defendant is being tried. 
439.36     Sec. 45.  [609G.655] [SECOND DEGREE MISDEMEANOR UNLAWFUL 
440.1   TOKEN.] 
440.2      Whoever violates section 609G.65 is guilty of a second 
440.3   degree misdemeanor. 
440.4                              ARTICLE 11 
440.5                       OTHER PROPERTY OFFENSES 
440.6                           ARSON AND FIRES 
440.7      Section 1.  [609H.11] [ARSON.] 
440.8      Whoever unlawfully by means of fire or explosives 
440.9   intentionally destroys or damages any building or any other real 
440.10  or personal property is guilty of arson and may be punished as 
440.11  provided in sections 609H.111 to 609H.117. 
440.12     Sec. 2.  [609H.111] [FIRST DEGREE FELONY ARSON.] 
440.13     Whoever violates section 609H.11 and may be sentenced to 
440.14  imprisonment for not more than 20 years or to a fine of not more 
440.15  than $40,000, or both if: 
440.16     (a) the building is used as: 
440.17     (1) a dwelling when the act is committed, whether or not 
440.18  the inhabitant is present at the time of the act; or 
440.19     (2) any building appurtenant to or connected with a 
440.20  dwelling whether the property of the actor or of another; 
440.21     (b) another person who is not a participant in the crime is 
440.22  present in the building at the time and the defendant knows 
440.23  that; 
440.24     (c) the circumstances are such as to render the presence of 
440.25  such a person therein a reasonable possibility; or 
440.26     (d) a combustible or flammable liquid is used to start or 
440.27  accelerate the fire.  
440.28     Sec. 3.  [609H.112] [SECOND DEGREE FELONY ARSON.] 
440.29     Whoever violates section 609H.11 and intentionally destroys 
440.30  or damages any building not covered by section 609H.111, 
440.31  paragraph (a), no matter what its value, or any other real or 
440.32  personal property valued at $10,000 or more, whether the 
440.33  property of the actor or another, may be sentenced to 
440.34  imprisonment for not more than ten years or to payment of a fine 
440.35  of not more than $20,000, or both. 
440.36     Sec. 4.  [609H.113] [THIRD DEGREE FELONY ARSON.] 
441.1      Except as provided in sections 609H.111 and 609H.112, 
441.2   whoever violates section 609H.11 may be sentenced to 
441.3   imprisonment for not more than five years or to payment of a 
441.4   fine of $10,000, or both, if: 
441.5      (a) the property intended by the accused to be damaged or 
441.6   destroyed had a value of $3,000 or more; 
441.7      (b) property of the value of $3,000 or more was 
441.8   unintentionally damaged or destroyed but such damage or 
441.9   destruction could reasonably have been foreseen; or 
441.10     (c) the property specified in paragraphs (a) and (b) in the 
441.11  aggregate had a value of $3,000 or more. 
441.12     Sec. 5.  [609H.115] [GROSS MISDEMEANOR ARSON.] 
441.13     Except as provided in sections 609H.111 and 609H.113, 
441.14  whoever violates section 609H.11 is guilty of a gross 
441.15  misdemeanor if the amount of the property damaged is $1,000 or 
441.16  more. 
441.17     Sec. 6.  [609H.116] [FIRST DEGREE MISDEMEANOR ARSON.] 
441.18     Except as provided in sections 609H.111 to 609H.115, 
441.19  whoever violates section 609H.11 is guilty of a first degree 
441.20  misdemeanor if the amount of property damaged is $500 or more. 
441.21     Sec. 7.  [609H.117] [SECOND DEGREE MISDEMEANOR ARSON.] 
441.22     Except as provided in sections 609H.111 to 609H.116 whoever 
441.23  violates section 609H.11 is guilty of a second degree 
441.24  misdemeanor. 
441.25     Sec. 8.  [609H.13] [EXCLUDED FIRES.] 
441.26     A person does not violate sections 609H.11 to 609H.117 if 
441.27  the person sets a fire pursuant to a validly issued license or 
441.28  permit or with written permission from the fire department of 
441.29  the jurisdiction where the fire occurs. 
441.30     Sec. 9.  [609H.15] [WILDFIRE ARSON.] 
441.31     A person is guilty of wildfire arson who intentionally sets 
441.32  a fire to burn out of control on land of another containing 
441.33  timber, underbrush, grass, or other vegetative combustible 
441.34  material. 
441.35     Sec. 10.  [609H.155] [FELONY WILDFIRE ARSON.] 
441.36     Subdivision 1.  [PENALTY.] Whoever violates section 609H.15 
442.1   may be sentenced to imprisonment for not more than five years or 
442.2   to payment of a fine of not more than $10,000, or both. 
442.3      Subd. 2.  [RESTITUTION.] In addition to the sentence 
442.4   otherwise authorized, the court may order a person who is 
442.5   convicted of violating this section to pay fire suppression 
442.6   costs and damages to the owner of the damaged land. 
442.7      Sec. 11.  [609H.16] [POSSESSING FLAMMABLES TO SET 
442.8   WILDFIRE.] 
442.9      A person is guilty of possessing flammables to set wildfire 
442.10  who possesses a flammable, explosive, or incendiary device, 
442.11  substance, or material with intent to use the device, substance, 
442.12  or material to violate section 609H.15. 
442.13     Sec. 12.  [609H.165] [GROSS MISDEMEANOR POSSESSING 
442.14  FLAMMABLE TO SET WILDFIRE.] 
442.15     Whoever violates section 609H.16 is guilty of a gross 
442.16  misdemeanor. 
442.17     Sec. 13.  [609H.17] [NEGLIGENT FIRE.] 
442.18     Whoever is culpably negligent in causing a fire to burn or 
442.19  get out of control thereby causing damage to property of another 
442.20  or injury to another is guilty of negligent fire. 
442.21     Sec. 14.  [609H.171] [FIRST DEGREE FELONY NEGLIGENT FIRE.] 
442.22     Whoever violates section 609H.17 may be sentenced to 
442.23  imprisonment of not more than five years or to payment of a fine 
442.24  of not more than $10,000, or both, if the fire causes great 
442.25  bodily harm to another human being. 
442.26     Sec. 15.  [609H.173] [SECOND DEGREE FELONY NEGLIGENT FIRE.] 
442.27     Except as provided in section 609H.171, whoever violates 
442.28  section 609H.17 may be sentenced to imprisonment for not more 
442.29  than three years, or to payment of a fine of not more than 
442.30  $6,000, or both, if the value of the property damaged is $3,000 
442.31  or more. 
442.32     Sec. 16.  [609H.175] [GROSS MISDEMEANOR NEGLIGENT FIRE.] 
442.33     Except as provided in sections 609H.171 and 609H.173, 
442.34  whoever violates section 609H.17 is guilty of a gross 
442.35  misdemeanor if the value of the property damaged is $1,000 or 
442.36  more. 
443.1      Sec. 17.  [609H.176] [FIRST DEGREE MISDEMEANOR NEGLIGENT 
443.2   FIRE.] 
443.3      Except as provided in sections 609H.171 to 609H.175, 
443.4   whoever violates section 609H.17 is guilty of a first degree 
443.5   misdemeanor, if the value of the property damaged is $500 or 
443.6   more. 
443.7      Sec. 18.  [609H.177] [SECOND DEGREE MISDEMEANOR NEGLIGENT 
443.8   FIRE.] 
443.9      Except as provided in sections 609H.171 to 609H.176, 
443.10  whoever violates section 609H.17 is guilty of a second degree 
443.11  misdemeanor if the value of the property damaged is $250 or more.
443.12     Sec. 19.  [609H.178] [THIRD DEGREE MISDEMEANOR NEGLIGENT 
443.13  FIRE.] 
443.14     Except as provided in sections 609H.171 to 609H.177, 
443.15  whoever violates section 609H.17 is guilty of a third degree 
443.16  misdemeanor. 
443.17     Sec. 20.  [609H.18] [DANGEROUS SMOKING.] 
443.18     A person is guilty of dangerous smoking if the person 
443.19  smokes in the presence of explosives or inflammable material. 
443.20     Sec. 21.  [609H.183] [FELONY DANGEROUS SMOKING.] 
443.21     If a person violates section 609H.19, and knows that doing 
443.22  so creates a risk of death, bodily harm, or serious property 
443.23  damage, the person may be sentenced to imprisonment for not more 
443.24  than five years or to payment of a fine of not more than 
443.25  $10,000, or both. 
443.26     Sec. 22.  [609H.185] [SECOND DEGREE MISDEMEANOR DANGEROUS 
443.27  SMOKING.] 
443.28     Except as provided in section 609H.183, whoever violates 
443.29  section 609H.18 is guilty of a second degree misdemeanor. 
443.30                            ENVIRONMENT 
443.31     Sec. 23.  [609H.21] [ENVIRONMENT CRIME SPECIAL 
443.32  DEFINITIONS.] 
443.33     Subdivision 1.  [SPECIAL DEFINITIONS GENERALLY.] The 
443.34  definitions in this subdivision apply to sections 609H.21 to 
443.35  609H.277. 
443.36     (a) "Agency" means the pollution control agency. 
444.1      (b) "Deliver" or "delivery" means the transfer of 
444.2   possession of hazardous waste, with or without consideration. 
444.3      (c) "Dispose" or "disposal" has the meaning given it in 
444.4   section 115A.03, subdivision 9. 
444.5      (d) "Hazardous air pollutant" means an air pollutant listed 
444.6   under United States Code, title 42, section 7412(b). 
444.7      (e) "Hazardous waste" means any waste identified as 
444.8   hazardous under the authority of section 116.07, subdivision 4, 
444.9   except for those wastes exempted under Minnesota Rules, part 
444.10  7045.0120, wastes generated under Minnesota Rules, part 
444.11  7045.0213 or 7045.0304, and household appliances. 
444.12     (f) "Permit" means a permit issued by the pollution control 
444.13  agency under chapter 115 or 116 or the rules adopted under those 
444.14  chapters including interim status for hazardous waste facilities.
444.15     (g) "Solid waste" has the meaning given in section 116.06, 
444.16  subdivision 22. 
444.17     (h) "Toxic pollutant" means a toxic pollutant on the list 
444.18  established under United States Code, title 33, section 1317. 
444.19     Subd. 2.  [SPECIAL DEFINITION OF KNOWING.] (a) For purposes 
444.20  of sections 609H.21 to 609H.277, an act is committed knowingly 
444.21  if it is done voluntarily and is not the result of negligence, 
444.22  mistake, accident, or circumstances that are beyond the control 
444.23  of the defendant.  Whether an act was knowing may be inferred 
444.24  from the person's conduct, from the person's familiarity with 
444.25  the subject matter in question, or from all of the facts and 
444.26  circumstances connected with the case.  Knowledge may also be 
444.27  established by evidence that the person took affirmative steps 
444.28  to shield the person from relevant information.  Proof of 
444.29  knowledge does not require that a person knew a particular act 
444.30  or failure to act was a violation of law or that the person had 
444.31  specific knowledge of the regulatory limits or testing 
444.32  procedures involved in a case. 
444.33     (b) Knowledge of a corporate official may be established 
444.34  under paragraph (a) or by proof that the person is a responsible 
444.35  corporate official.  To prove that a person is a responsible 
444.36  corporate official, it must be shown that: 
445.1      (1) the person is an official of the corporation, not 
445.2   merely an employee; 
445.3      (2) the person has direct control of or supervisory 
445.4   responsibility for the activities related to the alleged 
445.5   violation, but not solely that the person held a certain job or 
445.6   position in a corporation; and 
445.7      (3) the person had information regarding the offense for 
445.8   which the defendant is charged that would lead a reasonable and 
445.9   prudent person in the defendant's position to learn the actual 
445.10  facts. 
445.11     (c) Knowledge of a corporation may be established by 
445.12  showing that an illegal act was performed by an agent acting on 
445.13  behalf of the corporation within the scope of employment and in 
445.14  furtherance of the corporation's business interests, unless a 
445.15  high managerial person with direct supervisory authority over 
445.16  the agent demonstrated due diligence to prevent the crime's 
445.17  commission. 
445.18     Sec. 24.  [609H.23] [ENVIRONMENT CRIME.] 
445.19     Subdivision 1.  [HAZARDOUS WASTE; UNLAWFUL DISPOSAL OR 
445.20  ABANDONMENT.] A person who disposes of or abandons hazardous 
445.21  waste or arranges for the disposal of hazardous waste at a 
445.22  location other than one authorized by the pollution control 
445.23  agency or the United States Environmental Protection Agency, or 
445.24  in violation of any material term or condition of a hazardous 
445.25  waste facility permit, is guilty of environment crime and may be 
445.26  punished as provided in section 609H.231 (knowing violation), 
445.27  609H.235, subdivision 2 (grossly negligent violation), or 
445.28  609H.255 (knowing endangerment violation). 
445.29     Subd. 2.  [HAZARDOUS WASTE; UNLAWFUL TREATMENT, STORAGE, 
445.30  TRANSPORTATION, OR DELIVERY.] A person is guilty of environment 
445.31  crime and may be punished as provided in section 609H.233 
445.32  (knowing violation), 609H.235, subdivision 2 (grossly negligent 
445.33  violation), 609H.255 (knowing endangerment violation), or 
445.34  609H.273 (subsequent violation) if the person does any of the 
445.35  following: 
445.36     (a) delivers hazardous waste to any person other than a 
446.1   person who is authorized to receive the waste under rules 
446.2   adopted under section 116.07, subdivision 4, or under United 
446.3   States Code, title 42, sections 6921 to 6938; 
446.4      (b) treats or stores hazardous waste without a permit if a 
446.5   permit is required, or in violation of a material term or 
446.6   condition of a permit held by the person, unless: 
446.7      (1) the person notifies the agency prior to the time a 
446.8   permit would be required that the person will be treating or 
446.9   storing waste without a permit; or 
446.10     (2) for a violation of a material term or condition of a 
446.11  permit, the person immediately notifies the agency issuing the 
446.12  permit of the circumstances of the violation as soon as the 
446.13  person becomes aware of the violation; 
446.14     (c) transports hazardous waste to any location other than a 
446.15  facility that is authorized to receive, treat, store, or dispose 
446.16  of the hazardous waste under rules adopted under section 116.07, 
446.17  subdivision 4, or under United States Code, title 42, sections 
446.18  6921 to 6938; 
446.19     (d) transports hazardous waste without a manifest as 
446.20  required by the rules under sections 116.07, subdivision 4, and 
446.21  221.172; or 
446.22     (e) transports hazardous waste without a license required 
446.23  for the transportation of hazardous waste by chapter 221. 
446.24     Subd. 3.  [HAZARDOUS WATER POLLUTION.] (a) A person is 
446.25  guilty of environment crime and may be punished as provided in 
446.26  section 609H.232 (generally), 609H.255 (knowing endangerment 
446.27  violation), or 609H.275 (subsequent violation) if the person 
446.28  knowingly: 
446.29     (1) causes the violation of an effluent standard or 
446.30  limitation for a toxic pollutant in a national pollutant 
446.31  discharge elimination system permit or state disposal system 
446.32  permit; 
446.33     (2) introduces into a sewer system or into a publicly owned 
446.34  treatment works a hazardous substance that the person knew or 
446.35  reasonably should have known is likely to cause personal injury 
446.36  or property damage; or 
447.1      (3) except in compliance with all applicable federal, 
447.2   state, and local requirements and permits, introduces into a 
447.3   sewer system or into a publicly owned treatment works a 
447.4   hazardous substance that causes the treatment works to violate 
447.5   an effluent limitation or condition of the treatment works' 
447.6   national pollutant discharge elimination system permit. 
447.7      (b) For purposes of paragraph (a), "hazardous substance" 
447.8   means a substance on the list established under United States 
447.9   Code, title 33, section 1321(b). 
447.10     Subd. 4.  [OTHER WATER POLLUTION.] A person is guilty of 
447.11  environment crime and may be punished as provided in section 
447.12  609H.235, subdivision 1, if the person knowingly: 
447.13     (a) violates any effluent standard or limitation, or any 
447.14  water quality standard adopted by the agency; 
447.15     (b) violates any material term or condition of a national 
447.16  pollutant discharge elimination system permit or state disposal 
447.17  system permit; 
447.18     (c) fails to carry out any recording, reporting, 
447.19  monitoring, sampling, or information gathering requirement 
447.20  provided for under chapter 115 or 116; or 
447.21     (d) fails to file a discharge monitoring report or other 
447.22  document required for compliance with a national pollutant 
447.23  discharge elimination system or state disposal system permit. 
447.24     Subd. 5.  [FALSE STATEMENTS; TAMPERING.] A person is guilty 
447.25  of environment crime and may be punished as provided in section 
447.26  609H.234 (generally) or 609H.235, subdivision 4 (violation 
447.27  related to certain notice or report), if the person knowingly: 
447.28     (a) makes any false material statement, representation, or 
447.29  certification in; omits material information from; or alters, 
447.30  conceals, or fails to file or maintain a notice, application, 
447.31  record, report, plan, manifest, permit, license, or other 
447.32  document required under sections 103F.701 to 103F.761; chapter 
447.33  115 or 116; the hazardous waste transportation requirements of 
447.34  chapter 221; or rules adopted under these laws; or 
447.35     (b) falsifies, tampers with, renders inaccurate, or fails 
447.36  to install any monitoring device or method required to be 
448.1   maintained or followed for the purpose of compliance with 
448.2   sections 103F.701 to 103F.761, chapter 115 or 116, or rules 
448.3   adopted under these laws. 
448.4      Subd. 6.  [FAILING TO REPORT RELEASE OF HAZARDOUS OR 
448.5   EXTREMELY HAZARDOUS SUBSTANCE.] (a) A person is guilty of 
448.6   environment crime and may be punished as provided in section 
448.7   609H.233 (generally) or 609H.273 (subsequent violation) if the 
448.8   person: 
448.9      (1) is required to report the release of a hazardous 
448.10  substance under United States Code, title 42, section 9603, or 
448.11  the release of an extremely hazardous substance under United 
448.12  States Code, title 42, section 11004; 
448.13     (2) knows that a hazardous substance or an extremely 
448.14  hazardous substance has been released; and 
448.15     (3) fails to provide immediate notification of the release 
448.16  of a reportable quantity of a hazardous substance or an 
448.17  extremely hazardous substance to the state emergency response 
448.18  center, or a firefighting or law enforcement organization. 
448.19     (b) For purposes of this subdivision, a "hazardous 
448.20  substance" means a substance on the list established under 
448.21  United States Code, title 42, section 9602. 
448.22     (c) For purposes of this subdivision, an "extremely 
448.23  hazardous substance" means a substance on the list established 
448.24  under United States Code, title 42, section 11002. 
448.25     (d) For purposes of this subdivision, a "reportable 
448.26  quantity" means a quantity that must be reported under United 
448.27  States Code, title 42, section 9602 or 11002. 
448.28     Subd. 7.  [INFECTIOUS WASTE.] A person who knowingly 
448.29  disposes of or arranges for the disposal of infectious waste as 
448.30  defined in section 116.76 at a location or in a manner that is 
448.31  prohibited by section 116.78 is guilty of environment crime and 
448.32  may be punished as provided in section 609H.235, subdivision 3 
448.33  (generally) or 609H.277 (subsequent violation). 
448.34     Subd. 8.  [HAZARDOUS AIR POLLUTION.] A person is guilty of 
448.35  environment crime and may be punished as provided in section 
448.36  609H.232 (knowing violation), 609H.235, subdivision 2, paragraph 
449.1   (a) (grossly negligent violation), or 609H.255 (knowing 
449.2   endangerment violation) if the person: 
449.3      (1) causes a violation of a national emission standard for 
449.4   a hazardous air pollutant adopted under United States Code, 
449.5   title 42, section 7412; or 
449.6      (2) causes a violation of an emission standard, limitation, 
449.7   or operational limitation for a hazardous air pollutant 
449.8   established in a permit issued by the pollution control agency. 
449.9      Subd. 9.  [OTHER AIR POLLUTION.] A person is guilty of 
449.10  environment crime and may be punished as provided in section 
449.11  609H.237 (knowing violation), 609H.235, subdivision 2, paragraph 
449.12  (a) (grossly negligent violation), or 609H.255 (knowing 
449.13  endangerment violation) if the person violates: 
449.14     (a) a requirement of chapter 116, or a rule adopted under 
449.15  that chapter, that is an applicable requirement of the federal 
449.16  Clean Air Act, as defined in Federal Register, volume 57, page 
449.17  32295; 
449.18     (b) a condition of an air emission permit issued by the 
449.19  agency under chapter 116 or a rule adopted under that chapter; 
449.20  or 
449.21     (c) a requirement to pay a fee based on air emissions under 
449.22  chapter 116 or a rule adopted under that chapter. 
449.23     Subd. 10.  [SOLID WASTE DISPOSAL.] A person is guilty of 
449.24  environment crime and may be punished as provided in section 
449.25  609H.235, subdivision 2, if the person: 
449.26     (a) knowingly disposes of solid waste at, transports solid 
449.27  waste to, or arranges for disposal of solid waste at a location 
449.28  that does not have a required permit for the disposal of solid 
449.29  waste; and 
449.30     (b) does so in exchange for or in expectation of money or 
449.31  other consideration. 
449.32     Subd. 11.  [PROSECUTION.] When two or more offenses in 
449.33  violation of this section are committed by the same person in 
449.34  two or more counties within a two-year period, the accused may 
449.35  be prosecuted in any county in which one of the offenses was 
449.36  committed. 
450.1      Subd. 12.  [DEFENSE.] Except for intentional violations, a 
450.2   person is not guilty of a crime for air quality violations under 
450.3   subdivision 8 or 9, or for water quality violations under 
450.4   subdivision 3 or 4, if the person notified the pollution control 
450.5   agency of the violation as soon as the person discovered the 
450.6   violation and took steps to promptly remedy the violation. 
450.7      Sec. 25.  [609H.231] [FIRST DEGREE FELONY ENVIRONMENT 
450.8   CRIME.] 
450.9      Whoever knowingly violates section 609H.23, subdivision 1, 
450.10  may be sentenced to imprisonment for not more than five years or 
450.11  to payment of a fine of not more than $50,000, or both. 
450.12     Sec. 26.  [609H.232] [SECOND DEGREE FELONY ENVIRONMENT 
450.13  CRIME.] 
450.14     A person may be sentenced to imprisonment for not more than 
450.15  three years, or to payment of a fine of not more than $50,000 
450.16  per day of violation, or both, if the person: 
450.17     (a) violates section 609H.23, subdivision 3; or 
450.18     (b) knowingly violates section 609H.23, subdivision 8. 
450.19     Sec. 27.  [609H.233] [THIRD DEGREE FELONY ENVIRONMENT 
450.20  CRIME] 
450.21     A person may be sentenced to imprisonment for not more than 
450.22  three years, or to payment of a fine of not more than $25,000, 
450.23  or both, if the person knowingly violates: 
450.24     (a) section 609H.23, subdivision 2; or 
450.25     (b) section 609H.23, subdivision 6. 
450.26     Sec. 28.  [609H.234] [FOURTH DEGREE FELONY ENVIRONMENT 
450.27  CRIME.] 
450.28     Subdivision 1.  [GENERALLY.] Whoever violates section 
450.29  609H.23, subdivision 5, may be sentenced to imprisonment for not 
450.30  more than two years, or to payment of a fine of not more than 
450.31  $10,000, or both. 
450.32     Subd. 2.  [$10,000 PER DAY MAXIMUM FINE.] If the violation 
450.33  is related to a notice or report required by an air permit 
450.34  issued by the agency as provided in United States Code, title 
450.35  42, section 7661a(a), the fine of not more than $10,000 may be 
450.36  imposed for each day of violation. 
451.1      Sec. 29.  [609H.235] [GROSS MISDEMEANOR ENVIRONMENT CRIME.] 
451.2      Subdivision 1.  [INCARCERATION AND $2,500 TO $25,000 FINE.] 
451.3   A person who violates section 609H.23, subdivision 4, is guilty 
451.4   of a gross misdemeanor and may be sentenced to incarceration for 
451.5   not more than one year, or to payment of a fine of not less than 
451.6   $2,500 and not more than $25,000 per day of violation, or both. 
451.7      Subd 2.  [INCARCERATION AND $15,000 MAXIMUM FINE.] A person 
451.8   is guilty of a gross misdemeanor and may be sentenced to 
451.9   incarceration for not more than one year, or to payment of a 
451.10  fine of not more than $15,000, or both, if the person: 
451.11     (a) commits any of the acts in section 609H.23, subdivision 
451.12  1, 2, 8, or 9, as a result of the person's gross negligence; or 
451.13     (b) violates section 609H.23, subdivision 10. 
451.14     Subd. 3.  [INCARCERATION AND $10,000 MAXIMUM FINE.] Whoever 
451.15  violates section 609H.23, subdivision 7, is guilty of a gross 
451.16  misdemeanor and may be sentenced to imprisonment for not more 
451.17  than one year, or to payment of a fine of not more than $10,000, 
451.18  or both. 
451.19     Sec. 30.  [609H.237] [SECOND DEGREE MISDEMEANOR ENVIRONMENT 
451.20  CRIME.] 
451.21     Whoever violates section 609H.23, subdivision 9, is guilty 
451.22  of a second degree misdemeanor, and may be sentenced to 
451.23  imprisonment for not more than 90 days, or to payment of a fine 
451.24  of not more than $10,000 per day of violation, or both.  
451.25     Sec. 31.  [609H.25] [KNOWING ENDANGERMENT ENVIRONMENT 
451.26  CRIME.] 
451.27     A person is guilty of knowing endangerment environment 
451.28  crime if the person: 
451.29     (a) commits an act described in section 609H.23, 
451.30  subdivision 1, 2, 3, 8, or 9; and 
451.31     (b) at the time of the violation knowingly places another 
451.32  person in imminent danger of death, great bodily harm, or 
451.33  substantial bodily harm. 
451.34     Sec. 32.  [609H.255] [FELONY KNOWING ENDANGERMENT 
451.35  ENVIRONMENT CRIME.] 
451.36     Subdivision 1.  [GENERALLY.] Except as provided in 
452.1   subdivision 2, whoever violates section 609H.25 may be sentenced 
452.2   to imprisonment for not more than ten years, or to payment of a 
452.3   fine of not more than $100,000, or both. 
452.4      Subd. 2.  [ORGANIZATION DEFENDANT.] An organization that 
452.5   violates section 609H.25 may be sentenced to payment of a fine 
452.6   of not more than $1,000,000. 
452.7      Sec. 33.  [609H.27] [SUBSEQUENT ENVIRONMENT CRIME.] 
452.8      A person who knowingly violates section 609H.23, 
452.9   subdivision 2, 3, 6, or 7, after having been convicted of a 
452.10  previous violation of the same provision is guilty of subsequent 
452.11  environment crime and may be punished as provided in sections 
452.12  609H.273 to 609H.277. 
452.13     Sec. 34.  [609H.273] [FIRST DEGREE FELONY SUBSEQUENT 
452.14  ENVIRONMENT CRIME.] 
452.15     A person may be sentenced to imprisonment for not more than 
452.16  five years, or to payment of a fine of not more than $50,000, or 
452.17  both if: 
452.18     (a) the person knowingly violates section 609H.23, 
452.19  subdivision 2, after having been convicted of a previous knowing 
452.20  violation of that provision; or 
452.21     (b) the person violates section 609H.23, subdivision 6, 
452.22  after having been convicted of a previous violation of that 
452.23  provision. 
452.24     Sec. 35.  [609H.275] [SECOND DEGREE FELONY SUBSEQUENT 
452.25  ENVIRONMENT CRIME.] 
452.26     A person may be sentenced to imprisonment for not more than 
452.27  two years, or to payment of a fine of not more than $50,000 per 
452.28  day of violation, or both, if the person violates section 
452.29  609H.23, subdivision 3, after having been convicted of a 
452.30  previous violation of that provision. 
452.31     Sec. 36.  [609H.277] [THIRD DEGREE FELONY SUBSEQUENT 
452.32  ENVIRONMENT CRIME.] 
452.33     A person may be sentenced to imprisonment for not more than 
452.34  two years, or to payment of a fine of not more than $25,000, or 
452.35  both, if the person violates section 609H.23, subdivision 7, 
452.36  after having been convicted of a previous violation of that 
453.1   provision. 
453.2                               BURGLARY 
453.3      Sec. 37.  [609H.31] [BURGLARY.] 
453.4      Subdivision 1.  [SPECIAL DEFINITION.] (a) "Enters a 
453.5   building without consent" means to: 
453.6      (1) enter a building without the consent of the person in 
453.7   lawful possession; 
453.8      (2) enter a building by using artifice, trick, or 
453.9   misrepresentation to obtain consent to enter from the person in 
453.10  lawful possession; or 
453.11     (3) remain within a building without the consent of the 
453.12  person in lawful possession. 
453.13     (b) Whoever enters a building while open to the general 
453.14  public does so with consent except when consent was expressly 
453.15  withdrawn before entry. 
453.16     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever enters a building 
453.17  without consent and with intent to commit a crime, or enters a 
453.18  building without consent and commits a crime while in the 
453.19  building, is guilty of burglary and may be punished as provided 
453.20  in sections 609H.311 to 609H.319. 
453.21     Sec. 38.  [609H.311] [FIRST DEGREE FELONY BURGLARY.] 
453.22     Subdivision 1.  [PENALTY.] Whoever violates section 609H.31 
453.23  may be sentenced to imprisonment for not more than 20 years or 
453.24  to payment of a fine of not more than $40,000, or both, if: 
453.25     (a) the building is a dwelling and another person, not an 
453.26  accomplice, is present in it when the burglar enters or at any 
453.27  time while the burglar is in the building; 
453.28     (b) the burglar possesses, when entering or at any time 
453.29  while in the building, any of the following: 
453.30     (1) a dangerous weapon; 
453.31     (2) any article used or fashioned in a manner to lead the 
453.32  victim to reasonably believe it to be a dangerous weapon; or 
453.33     (3) an explosive; or 
453.34     (c) the burglar assaults a person within the building or on 
453.35  the building's appurtenant property. 
453.36     Subd. 2.  [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 
454.1   OCCUPIED DWELLING.] A person convicted of committing burglary of 
454.2   an occupied dwelling under subdivision 1, paragraph (a), must be 
454.3   incarcerated for not less than six months. 
454.4      Sec. 39.  [609H.313] [SECOND DEGREE FELONY BURGLARY.] 
454.5      Whoever violates section 609H.31 may be sentenced to 
454.6   imprisonment for not more than ten years or to payment of a fine 
454.7   of not more than $20,000, or both, if: 
454.8      (a) the building is a dwelling; 
454.9      (b) the portion of the building entered contains a banking 
454.10  business or other business of receiving securities or other 
454.11  valuable papers for deposit or safekeeping and the entry is with 
454.12  force or threat of force; 
454.13     (c) the portion of the building entered contains a pharmacy 
454.14  or other lawful business or practice in which controlled 
454.15  substances are routinely held or stored, and the entry is 
454.16  forcible; or 
454.17     (d) when entering or while in the building, the burglar 
454.18  possesses a tool to gain access to money or property. 
454.19     Sec. 40.  [609H.315] [THIRD DEGREE FELONY BURGLARY.] 
454.20     Whoever violates section 609H.31 may be sentenced to 
454.21  imprisonment for not more than five years or to payment of a 
454.22  fine of not more than $10,000, or both, if the person: 
454.23     (a) enters the building with intent to steal or commit any 
454.24  felony or gross misdemeanor while in the building; or 
454.25     (b) enters the building and steals or commits a felony or 
454.26  gross misdemeanor while in the building. 
454.27     Sec. 41.  [609H.317] [GROSS MISDEMEANOR BURGLARY.] 
454.28     Except as provided in sections 609H.311 to 609H.315, 
454.29  whoever violates section 609H.31, is guilty of a gross 
454.30  misdemeanor. 
454.31     Sec. 42.  [609H.33] [SENTENCING; FIRST BURGLARY OF A 
454.32  DWELLING.] 
454.33     Except as provided in section 609H.311, subdivision 2, in 
454.34  determining an appropriate disposition for a first offense of 
454.35  burglary of a dwelling, the court shall presume that a stay of 
454.36  execution with at least a 90-day period of incarceration as a 
455.1   condition of probation shall be imposed unless the defendant's 
455.2   criminal history score determined according to the sentencing 
455.3   guidelines indicates a presumptive executed sentence, in which 
455.4   case the presumptive executed sentence shall be imposed unless 
455.5   the court departs from the sentencing guidelines pursuant to 
455.6   section 244.10.  The court may grant a stay of imposition of 
455.7   sentence only if the court states on the record of the reasons 
455.8   for doing so.  The court may waive the presumptive period of 
455.9   incarceration in whole or in part if the defendant provides 
455.10  restitution or performs community work service. 
455.11     Sec. 43.  [609H.35] [DOUBLE JEOPARDY.] 
455.12     Notwithstanding section 609A.31 (crime punishable under 
455.13  different provisions), a prosecution for or conviction of the 
455.14  crime of burglary does not bar conviction of or punishment for 
455.15  any other crime committed on entering or while in the building 
455.16  entered. 
455.17     Sec. 44.  [609H.37] [POSSESSING BURGLARY TOOLS.] 
455.18     Whoever has in possession any device, explosive, or other 
455.19  instrumentality with intent to use or permit the use of the same 
455.20  to commit burglary is guilty of possessing burglary tools and 
455.21  may be punished as provided in section 609H.375. 
455.22     Sec. 45.  [609H.375] [FELONY POSSESSING BURGLARY TOOLS.] 
455.23     Whoever violates section 609H.37 may be sentenced to 
455.24  imprisonment for not more than three years or to payment of a 
455.25  fine of not more than $15,000, or both. 
455.26     Sec. 46.  [609H.39] [POSSESSING CODE GRABBING DEVICE.] 
455.27     Subdivision 1.  [SPECIAL DEFINITION.] For purposes of this 
455.28  section, "code grabbing device" means a device that can receive 
455.29  and record the coded signal sent by the transmitter of a 
455.30  security or other electronic system and can play back the signal 
455.31  to disarm or operate that system. 
455.32     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever possesses a code 
455.33  grabbing device with intent to use the device to commit an 
455.34  unlawful act is guilty of possessing a code grabbing device and 
455.35  may be punished as provided in section 609H.395. 
455.36     Sec. 47.  [609H.395] [FELONY POSSESSING CODE GRABBING 
456.1   DEVICE.] 
456.2      Whoever violates section 609H.39 may be sentenced to 
456.3   imprisonment for not more than three years or to payment of a 
456.4   fine of not more than $15,000, or both. 
456.5                          DAMAGE TO PROPERTY 
456.6      Sec. 48.  [609H.41] [DAMAGE TO PROPERTY.] 
456.7      Subdivision 1.  [ACTS CONSTITUTING.] Whoever intentionally 
456.8   causes damage to physical property of another without the 
456.9   latter's consent is guilty of damage to property and may be 
456.10  punished as provided in section 609H.411 to 609H.418. 
456.11     Subd. 2.  [AGGREGATION.] In any prosecution under 
456.12  subdivision 1, the value of any property damaged by the 
456.13  defendant in violation of that subdivision within any six-month 
456.14  period may be aggregated and the defendant charged accordingly. 
456.15  When two or more offenses are committed by the same person in 
456.16  two or more counties, the accused may be prosecuted in any 
456.17  county in which one of the offenses was committed for all of the 
456.18  offenses aggregated under this subdivision. 
456.19     Sec. 49.  [609H.411] [FIRST DEGREE FELONY DAMAGE TO 
456.20  PROPERTY.] 
456.21     Whoever violates section 609H.41 may be sentenced to 
456.22  imprisonment for not more than five years or to payment of a 
456.23  fine of not more than $10,000, or both, if: 
456.24     (a) the damage to the property caused a reasonably 
456.25  foreseeable risk of bodily harm; 
456.26     (b) the property damaged belongs to a public utility or a 
456.27  common carrier and the damage impairs the service to the public 
456.28  rendered by them; 
456.29     (c) the damage reduces the value of the property by $3,000 
456.30  or more measured by the cost of repair and replacement; or 
456.31     (d) the damage reduces the value of the property by $1,000 
456.32  or more measured by the cost of repair and replacement and the 
456.33  violation is committed within five years after a previous 
456.34  conviction under sections 609H.411 to 609H.416. 
456.35     Sec. 50.  [609H.413] [SECOND DEGREE FELONY DAMAGE TO 
456.36  PROPERTY.] 
457.1      Except as provided in section 609H.411, whoever violates 
457.2   section 609H.41 may be sentenced to imprisonment for not more 
457.3   than one year and a day or to payment of a fine of not more than 
457.4   $3,000, or both, if: 
457.5      (a) the property is damaged because of the property owner's 
457.6   or another's actual or perceived race, color, religion, sex, 
457.7   sexual orientation, disability as defined in section 363.01, 
457.8   age, or national origin; and 
457.9      (b) the damage reduces the value of the property by $1,000 
457.10  or more measured by the cost of repair and replacement. 
457.11     Sec. 51.  [609H.415] [GROSS MISDEMEANOR DAMAGE TO 
457.12  PROPERTY.] 
457.13     Except as provided in sections 609H.411 and 609H.413, 
457.14  whoever violates section 609H.41, is guilty of a gross 
457.15  misdemeanor if: 
457.16     (a) the property damage reduces the value of the property 
457.17  by $1,000 or more as measured by the cost of repair and 
457.18  replacement; or 
457.19     (b) the person causes the damage because of the property 
457.20  owner's or another's actual or perceived race, color, religion, 
457.21  sex, sexual orientation, disability as defined in section 
457.22  363.01, age, or national origin. 
457.23     Sec. 52.  [609H.416] [FIRST DEGREE MISDEMEANOR DAMAGE TO 
457.24  PROPERTY.] 
457.25     Except as provided in 609H.411 to 609H.415, whoever 
457.26  violates section 609H.41 is guilty of a first degree misdemeanor 
457.27  if the property damage reduces the value of the property by $500 
457.28  or more as measured by the cost of repair and replacement. 
457.29     Sec. 53.  [609H.417] [SECOND DEGREE MISDEMEANOR DAMAGE TO 
457.30  PROPERTY.] 
457.31     Except as provided in sections 609H.411 to 609H.416, 
457.32  whoever violates section 609H.41 is guilty of a second degree 
457.33  misdemeanor if the property damage reduces the value of the 
457.34  property by $250 or more as measured by the cost of repair and 
457.35  replacement. 
457.36     Sec. 54.  [609H.418] [THIRD DEGREE MISDEMEANOR DAMAGE TO 
458.1   PROPERTY.] 
458.2      Except as provided in sections 609H.411 to 609H.417, 
458.3   whoever violates section 609H.41 is guilty of a third degree 
458.4   misdemeanor. 
458.5      Sec. 55.  [609H.43] [DAMAGE TO TIMBER EQUIPMENT.] 
458.6      Whoever without claim of right or consent of the owner, 
458.7   drives, places, or fastens in timber any device of iron, steel, 
458.8   ceramic, or other substance sufficiently hard to damage saws or 
458.9   wood processing or manufacturing equipment, with the intent to 
458.10  hinder the logging or the processing of timber, is guilty of 
458.11  damage to timber equipment and may be punished as provided in 
458.12  section 609H.433 or 609H.435. 
458.13     Sec. 56.  [609H.433] [FELONY DAMAGE TO TIMBER EQUIPMENT.] 
458.14     Whoever violates section 609H.43 and causes great bodily 
458.15  harm, may be sentenced to imprisonment for not more than five 
458.16  years or to payment of a fine of not more than $10,000, or both. 
458.17     Sec. 57.  [609H.435] [GROSS MISDEMEANOR DAMAGE TO TIMBER 
458.18  EQUIPMENT.] 
458.19     Except as provided in 609H.433, whoever violates section 
458.20  609H.43 is guilty of a gross misdemeanor. 
458.21     Sec. 58.  [609H.45] [POSSESSING TIMBER DAMAGE DEVICE.] 
458.22     Whoever commits any of the following acts is guilty of 
458.23  possessing a timber damage device: 
458.24     (a) possesses a device of iron, steel, ceramic, or other 
458.25  substance sufficiently hard to damage saws, wood processing, 
458.26  manufacturing, or transportation equipment, with the intent to 
458.27  use the device to hinder the logging or the processing of 
458.28  timber; or 
458.29     (b) possesses a chemical or biological substance, 
458.30  mechanical equipment, or tool with the intent to use it or 
458.31  permit its use to damage timber processing, manufacturing, or 
458.32  transportation equipment. 
458.33     Sec. 59.  [609H.455] [SECOND DEGREE MISDEMEANOR POSSESSING 
458.34  TIMBER DAMAGE DEVICE.] 
458.35     Whoever violates section 609H.45 is guilty of a second 
458.36  degree misdemeanor. 
459.1      Sec. 60.  [609H.47] [UNAUTHORIZED RELEASE OF RESEARCH 
459.2   ANIMAL.] 
459.3      A person who intentionally and without permission releases 
459.4   an animal lawfully confined for science, research, commerce, or 
459.5   education is guilty of unauthorized release of a research animal.
459.6      Sec. 61.  [609H.473] [FIRST DEGREE MISDEMEANOR UNAUTHORIZED 
459.7   RELEASE OF RESEARCH ANIMAL.] 
459.8      Whoever violates section 609H.47 after having been 
459.9   convicted of a previous violation of that section is guilty of a 
459.10  first degree misdemeanor. 
459.11     Sec. 62.  [609H.475] [SECOND DEGREE MISDEMEANOR 
459.12  UNAUTHORIZED RELEASE OF RESEARCH ANIMAL.] 
459.13     Except as provided in section 609H.391, whoever violates 
459.14  section 609H.47 is guilty of a second degree misdemeanor. 
459.15                              TRESPASS 
459.16     Sec. 63.  [609H.51] [TRESPASS.] 
459.17     Subdivision 1.  [ENTERING OR REMAINING ON PREMISES.] A 
459.18  person is guilty of trespass and may be punished as provided in 
459.19  section 609H.515 if the person: 
459.20     (a) enters the premises of another and, without claim of 
459.21  right, refuses to depart from the premises on demand of the 
459.22  lawful possessor; 
459.23     (b) occupies or enters the dwelling or locked or posted 
459.24  building of another, without claim of right or consent of the 
459.25  owner or the consent of one who has the right to give consent, 
459.26  except in an emergency situation; 
459.27     (c) enters the premises of another with intent to take or 
459.28  injure any fruit, fruit trees, or vegetables growing on the 
459.29  premises, without the permission of the owner or occupant; 
459.30     (d) enters or remains on the premises of a public or 
459.31  private cemetery without authorization during hours the cemetery 
459.32  is posted as closed to the public; or 
459.33     (e) enters the locked or posted construction site of 
459.34  another without the consent of the owner or lawful possessor, 
459.35  unless the person is a business licensee.  For purposes of this 
459.36  paragraph: 
460.1      (1) "Business licensee" includes a representative of a 
460.2   building trades labor or management organization. 
460.3      (2) "Construction site" means the site of the construction, 
460.4   alteration, painting, or repair of a building or structure. 
460.5      (3) "Owner or lawful possessor" means the person on whose 
460.6   behalf a building or dwelling is being constructed, altered, 
460.7   painted, or repaired and the general contractor or subcontractor 
460.8   engaged in that work. 
460.9      (4) "Posted" means the placement of a sign at least 11 
460.10  inches square in a conspicuous place on the exterior of the 
460.11  building that is under construction, alteration, or repair, and 
460.12  additional signs in at least two conspicuous places for each ten 
460.13  acres being protected.  The sign must carry an appropriate 
460.14  notice and the name of the person giving the notice, followed by 
460.15  the word "owner" if the person giving the notice is the holder 
460.16  of legal title to the land on which the construction site is 
460.17  located or by the word "occupant" if the person giving the 
460.18  notice is not the holder of legal title but is a lawful occupant 
460.19  of the land. 
460.20     Subd. 2.  [RETURNING TO PREMISES.] A person is guilty of 
460.21  trespass and may be punished as provided in section 609H.515 if 
460.22  the person returns to the property of another within 30 days 
460.23  after being told to leave the property and not to return, if the 
460.24  actor is without claim of right to the property or consent of 
460.25  one with authority to consent. 
460.26     Subd. 3.  [PERMITTING ANIMAL TO ENTER.] A person is guilty 
460.27  of trespass and may be punished as provided in section 609H.515 
460.28  if the person intentionally permits a domestic animal or fowl 
460.29  under the person's control to go on the land of another within a 
460.30  city. 
460.31     Subd. 4.  [INTERFERING WITH MONUMENT OR SIGN.] A person is 
460.32  guilty of trespass and may be punished as provided in section 
460.33  609H.515 if the person interferes unlawfully with a monument, 
460.34  sign, or pointer erected or marked to designate a point of a 
460.35  boundary, line or a political subdivision, or of a tract of land.
460.36     Sec. 64.  [609H.515] [SECOND DEGREE MISDEMEANOR TRESPASS.] 
461.1      Whoever violates section 609H.51 is guilty of a second 
461.2   degree misdemeanor. 
461.3      Sec. 65.  [609H.53] [TRESPASS ON SCHOOL PROPERTY.] 
461.4      Subdivision 1.  [ENTERING OR REMAINING ON SCHOOL PROPERTY.] 
461.5   A person is guilty of trespass on school property and may be 
461.6   punished as provided in section 609H.537 if the person enters or 
461.7   remains in a public or nonpublic elementary, middle, or 
461.8   secondary school building unless the person: 
461.9      (a) is an enrolled student in, a parent or guardian of an 
461.10  enrolled student in, or an employee of the school or school 
461.11  district; 
461.12     (b) has permission or an invitation from a school official 
461.13  to be in the building; 
461.14     (c) is attending a school event, class, or meeting to which 
461.15  the person, the public, or a student's family is invited; or 
461.16     (d) has reported the person's presence in the school 
461.17  building in the manner required for visitors to the school. 
461.18     Subd 2.  [RETURNING TO SCHOOL PROPERTY.] A person is guilty 
461.19  of trespass on school property and may be sentenced as provided 
461.20  in section 609H.535 is the person enters or remains on school 
461.21  property within six months after being told by the school 
461.22  principal or the principal's designee to leave the property and 
461.23  not to return, unless the principal or the principal's designee 
461.24  has given the person permission to return to the property. 
461.25     Subd. 3.  [GROUP SCHOOL TRESPASS.] A person is guilty of 
461.26  trespass on school property and may be punished as provided in 
461.27  section 609H.533 if the person, in a group of three or more 
461.28  persons, enters or remains in a public or nonpublic elementary, 
461.29  middle, or secondary school building unless one of the persons: 
461.30     (a) is an enrolled student in, a parent or guardian of an 
461.31  enrolled student in, or an employee of the school or school 
461.32  district; 
461.33     (b) has permission or an invitation from a school official 
461.34  to be in the building; 
461.35     (c) is attending a school event, class, or meeting to which 
461.36  the person, the public, or a student's family is invited; or 
462.1      (d) has reported the person's presence in the school 
462.2   building in the manner required for visitors to the school. 
462.3      Subd. 4.  [CIVIL LIABILITY.] A school principal or a school 
462.4   employee designated by the school principal to maintain order on 
462.5   school property, who has reasonable cause to believe that a 
462.6   person is violating this section may detain the person in a 
462.7   reasonable manner for a reasonable period of time pending the 
462.8   arrival of a peace officer.  A school principal or designated 
462.9   school employee is not civilly or criminally liable for any 
462.10  action authorized under this subdivision if the person's action 
462.11  is based on reasonable cause. 
462.12     Subd. 5.  [ARREST ON PROBABLE CAUSE.] A peace officer may 
462.13  arrest a person without a warrant if the officer has probable 
462.14  cause to believe the person violated this section within the 
462.15  preceding four hours.  The arrest may be made even though the 
462.16  violation did not occur in the peace officer's presence. 
462.17     Sec. 66.  [609H.533] [GROSS MISDEMEANOR GROUP TRESPASS ON 
462.18  SCHOOL PROPERTY.] 
462.19     Whoever violates section 609H.53, subdivision 3, is guilty 
462.20  of a gross misdemeanor. 
462.21     Sec. 67.  [609H.535] [FIRST DEGREE MISDEMEANOR RETURNING TO 
462.22  SCHOOL PROPERTY.] 
462.23     Whoever violates section 609H.53, subdivision 2, is guilty 
462.24  of a first degree misdemeanor. 
462.25     Sec. 68.  [609H.537] [SECOND DEGREE MISDEMEANOR TRESPASS ON 
462.26  SCHOOL PROPERTY.] 
462.27     Except as provided in sections 609H.513 and 609H.515, 
462.28  whoever violates section 609H.51 is guilty of a second degree 
462.29  misdemeanor. 
462.30     Sec. 69.  [609H.55] [UNLAWFUL EXCLUSION.] 
462.31     A landlord, agent of the landlord, or person acting under 
462.32  the landlord's direction or control who unlawfully and 
462.33  intentionally removes or excludes a tenant from lands or 
462.34  tenements or intentionally interrupts or causes the interruption 
462.35  of electrical, heat, gas, or water services to the tenant with 
462.36  intent to unlawfully remove or exclude the tenant from lands or 
463.1   tenements is guilty of unlawful exclusion and may be punished as 
463.2   provided in section 609H.555. 
463.3      Sec. 70.  [609H.555] [SECOND DEGREE MISDEMEANOR UNLAWFUL 
463.4   EXCLUSION.] 
463.5      Whoever violates section 609H.55 is guilty of a second 
463.6   degree misdemeanor.  
463.7                      FRAUDULENT PROPERTY CRIME  
463.8      Sec. 71.  [609H.61] [INSURANCE FRAUD.] 
463.9      Subdivision 1.  [SPECIAL DEFINITIONS.] For purposes of this 
463.10  section: 
463.11     (a) "Insurance policy" means the written instrument in 
463.12  which are set forth the terms of any certificate of insurance; 
463.13  binder of coverage; or contract of insurance (including a 
463.14  certificate, binder, or contract issued by a state-assigned risk 
463.15  plan); benefit plan; nonprofit hospital service plan; motor club 
463.16  service plan; or surety bond, cash bond, or any other 
463.17  alternative to insurance authorized by a state's financial 
463.18  responsibility act. 
463.19     (b) "Insurance professional" means sales agents, agencies, 
463.20  managing general agents, brokers, producers, claims 
463.21  representatives, adjusters, and third-party administrators.  
463.22     (c) "Insurance transaction" means a transaction by, 
463.23  between, or among the following persons, or any person who acts 
463.24  on behalf of any of the following persons, for the purpose of 
463.25  obtaining insurance or reinsurance, calculating insurance 
463.26  premiums, submitting a claim, negotiating or adjusting a claim, 
463.27  or otherwise obtaining insurance, self-insurance, or reinsurance 
463.28  or obtaining the benefits thereof or therefrom: 
463.29     (1) an insurer or a person who acts on behalf of an 
463.30  insurer; and 
463.31     (2) an insured, claimant, applicant for insurance, public 
463.32  adjuster, insurance professional, or practitioner. 
463.33     (d) "Insurer" means a person purporting to engage in the 
463.34  business of insurance or authorized to do business in the state 
463.35  or subject to regulation by the state, who undertakes to 
463.36  indemnify another against loss, damage, or liability arising 
464.1   from a contingent or unknown event.  "Insurer" includes, but is 
464.2   not limited to, an insurance company; self-insurer; reinsurer; 
464.3   reciprocal exchange; interinsurer; risk retention group; Lloyd's 
464.4   insurer; fraternal benefit society; surety; medical service, 
464.5   dental, optometric, or any other similar health service plan; 
464.6   and any other legal entity engaged or purportedly engaged in the 
464.7   business of insurance, including any person or entity that falls 
464.8   within the definition of insurer found within section 60A.951, 
464.9   subdivision 5. 
464.10     (e) "Premium" means consideration paid or payable for 
464.11  coverage under an insurance policy.  "Premium" includes: 
464.12     (1) any payment, whether due within the insurance policy 
464.13  term or otherwise; 
464.14     (2) any deductible payment, whether advanced by the insurer 
464.15  or insurance professional and subject to reimbursement by the 
464.16  insured or otherwise; 
464.17     (3) any self-insured retention or payment, whether advanced 
464.18  by the insurer or insurance professional and subject to 
464.19  reimbursement by the insured or otherwise; and 
464.20     (4) any collateral or security to be provided to 
464.21  collateralize obligations to pay any of the above. 
464.22     (f) "Premium finance company" means a person engaged or 
464.23  purporting to engage in the business of advancing money, 
464.24  directly or indirectly, to an insurer or producer at the request 
464.25  of an insured under the terms of a premium finance agreement 
464.26  including, but not limited to, loan contracts, notes, 
464.27  agreements, or obligations, wherein the insured has assigned the 
464.28  unearned premiums, accrued dividends, or loss payments as 
464.29  security for such advancement in payment of premiums on 
464.30  insurance policies only.  However, "premium finance company" 
464.31  does not include the financing of insurance premiums purchased 
464.32  in connection with the financing of goods or services. 
464.33     (g) "Premium finance transaction" means a transaction by, 
464.34  between, or among an insured, a producer or other party claiming 
464.35  to act on behalf of an insured, and a third-party premium 
464.36  finance company, for the purposes of purportedly or actually 
465.1   advancing money directly or indirectly to an insurer or producer 
465.2   at the request of an insured under the terms of a premium 
465.3   finance agreement, wherein the insured has assigned the unearned 
465.4   premiums, accrued dividends, or loan payments as security for 
465.5   such advancement in payment of premiums on insurance policies 
465.6   only.  However, "premium finance transaction" does not include 
465.7   the financing of insurance premiums purchased in connection with 
465.8   the financing of goods or services.  
465.9      Subd. 2.  [UNLAWFUL CONDUCT.] Whoever with the intent to 
465.10  defraud for the purpose of depriving another of property or for 
465.11  pecuniary gain, commits, or permits its employees or its agents 
465.12  to commit any of the following acts, is guilty of insurance 
465.13  fraud and may be sentenced as provided in sections 609G.112 to 
465.14  609G.119 based on the greater of the value of property, 
465.15  services, or other benefit wrongfully obtained or attempted to 
465.16  obtain; or the aggregate economic loss suffered by any person as 
465.17  a result of the violation: 
465.18     (a) presents, causes to be presented, or prepares with 
465.19  knowledge or reason to believe that it will be presented, by or 
465.20  on behalf of an insured, claimant, or applicant to an insurer, 
465.21  insurance professional, or premium finance company in connection 
465.22  with an insurance transaction or premium finance transaction, 
465.23  any information that contains a false representation as to any 
465.24  material fact, or that conceals a material fact concerning any 
465.25  of the following: 
465.26     (1) an application for, rating of, or renewal of, an 
465.27  insurance policy; 
465.28     (2) a claim for payment or benefit under an insurance 
465.29  policy; 
465.30     (3) a payment made according to the terms of an insurance 
465.31  policy; or 
465.32     (4) an application used in a premium finance transaction; 
465.33     (b) presents, causes to be presented, or prepares with 
465.34  knowledge or reason to believe that it will be presented, to or 
465.35  by an insurer, insurance professional, or a premium finance 
465.36  company in connection with an insurance transaction or premium 
466.1   finance transaction, any information that contains a false 
466.2   representation as to any material fact, or that conceals a 
466.3   material fact, concerning any of the following: 
466.4      (1) a solicitation for sale of an insurance policy or 
466.5   purported insurance policy; 
466.6      (2) an application for certificate of authority; 
466.7      (3) the financial condition of an insurer; or 
466.8      (4) the acquisition, formation, merger, affiliation, or 
466.9   dissolution of an insurer; 
466.10     (c) solicits or accepts new or renewal insurance risks by 
466.11  or for an insolvent insurer; 
466.12     (d) removes the assets or any record of assets, 
466.13  transactions, and affairs or any material part thereof, from the 
466.14  home office or other place of business of an insurer, or from 
466.15  the place of safekeeping of an insurer, or destroys or 
466.16  sequesters the same from the department of commerce; or 
466.17     (e) diverts, misappropriates, converts, or embezzles funds 
466.18  of an insurer, insured, claimant, or applicant for insurance in 
466.19  connection with: 
466.20     (1) an insurance transaction; 
466.21     (2) the conducting of business activities by an insurer or 
466.22  insurance professional; or 
466.23     (3) the acquisition, formation, merger, affiliation, or 
466.24  dissolution of any insurer. 
466.25     Subd. 3.  [STATUTE OF LIMITATIONS.] The applicable statute 
466.26  of limitations provision under section 628.26 shall not begin to 
466.27  run until the insurance company or law enforcement agency is 
466.28  aware of the fraud, but in no event may the prosecution be 
466.29  commenced later than seven years after the act has occurred. 
466.30     Subd. 4.  [RESTITUTION.] A person convicted of a violation 
466.31  of this section must be ordered to pay restitution to persons 
466.32  aggrieved by the violation.  Restitution must be ordered in 
466.33  addition to a fine or imprisonment but not in lieu of a fine or 
466.34  imprisonment. 
466.35     Sec. 72.  [609H.63] [DEFEATING SECURITY ON REALTY.] 
466.36     Whoever removes or damages real property that is subject to 
467.1   a mortgage, mechanic's lien, or contract for deed, including 
467.2   during the period of time allowed for redemption, with intent to 
467.3   impair the value of the property, without the consent of the 
467.4   security holder is guilty of defeating security on realty and 
467.5   may be punished as provided in section 609H.633 or 609H.635. 
467.6      Sec. 73.  [609H.633] [FELONY DEFEATING SECURITY ON REALTY.] 
467.7      Whoever violates section 609H.63, may be sentenced to 
467.8   imprisonment for not more than five years or to payment of a 
467.9   fine of not more than $25,000, or both, if the value of the 
467.10  property is impaired by $1,000 or more. 
467.11     Sec. 74.  [609H.635] [FIRST DEGREE MISDEMEANOR DEFEATING 
467.12  SECURITY ON REALTY.] 
467.13     Except as provided in section 609H.633, whoever violates 
467.14  section 609H.63 is guilty of a first degree misdemeanor. 
467.15     Sec. 75.  [609H.65] [DEFEATING SECURITY ON PERSONALTY.] 
467.16     Whoever, with intent to defraud, does any of the following 
467.17  is guilty of defeating security on personalty, and may be 
467.18  punished as provided in section 609H.655: 
467.19     (a) conceals, removes, or transfers any personal property 
467.20  in which the actor knows that another has a security interest; 
467.21  or 
467.22     (b) being an obligor and knowing the location of the 
467.23  property refuses to disclose the same to an obligee entitled to 
467.24  possession thereof. 
467.25     Sec. 76.  [609H.655] [FELONY DEFEATING SECURITY ON 
467.26  PERSONALTY.] 
467.27     Whoever violates section 609H.65 may be sentenced to 
467.28  imprisonment for not more than three years or to payment of a 
467.29  fine of not more than $15,000, or both. 
467.30     Sec. 77.  [609H.67] [PROOF OF CONCEALMENT OF PROPERTY BY 
467.31  OBLIGOR OF SECURED PROPERTY.] 
467.32     Subdivision 1.  [PROOF.] When in any prosecution under 
467.33  section 609H.65, it appears that there is a default in the 
467.34  payment of the debts secured and it further appears that the 
467.35  obligor has failed or refused to reveal the location of the 
467.36  security, this shall be considered sufficient evidence to 
468.1   sustain a finding that the obligor has removed, concealed, or 
468.2   disposed of the property. 
468.3      Subd. 2.  [ALLEGATION AND DESCRIPTION.] In any prosecution 
468.4   under section 609H.65, it is a sufficient allegation and 
468.5   description of the security and the property secured to state 
468.6   generally that such property was duly mortgaged or sold under a 
468.7   conditional sales contract, or as the case may be, giving the 
468.8   date thereof and the names of the obligor and obligee. 
468.9      Sec. 78.  [609H.69] [RECEIVING DEPOSIT IN INSOLVENT BANK.] 
468.10     Every officer, director, agent, or employee of any banking 
468.11  organization or financial organization and every person, 
468.12  company, and corporation engaged in whole or in part, in 
468.13  business as a banking organization or financial organization, 
468.14  who accepts or receives on deposit from any person, any money, 
468.15  bank bills, notes, currency, checks, bills, drafts, or paper 
468.16  circulating as money, knowing or, in the case of officers or 
468.17  directors, having good reason to know that the banking 
468.18  organization or financial organization is insolvent, and every 
468.19  person knowing of the insolvent conditions who shall be 
468.20  accessory to, or permit, or connive at the accepting or 
468.21  receiving on deposit therein any such deposits, is guilty of 
468.22  receiving a deposit in an insolvent bank and may be punished as 
468.23  provided in section 609H.695. 
468.24     Sec. 79.  [609H.695] [FELONY RECEIVING DEPOSIT IN INSOLVENT 
468.25  BANK.] 
468.26     Subdivision 1.  [PENALTY.] Whoever violates section 609H.69 
468.27  may be sentenced to imprisonment for not more than five years or 
468.28  payment of a fine of not more than $25,000, or both. 
468.29     Subd. 2.  [MINIMUM PENALTY.] Whoever violates section 
468.30  609H.69 shall be sentenced to incarceration for not less than 
468.31  one year or to payment of a fine of not less than $700. 
468.32     Sec. 80.  [609H.71] [FRAUDULENT STATEMENT.] 
468.33     A person is guilty of fraudulent statement and may be 
468.34  punished as provided in section 609H.715 if the person, with 
468.35  intent to injure or defraud, does any of the following: 
468.36     (a) circulates or publishes a false statement, oral or 
469.1   written, relating to a corporation, association, or individual, 
469.2   intending thereby to give a false apparent value to securities 
469.3   issued or to be issued by, or to the property of, such 
469.4   corporation, association, or individual; or 
469.5      (b) makes a false ship's or airplane's manifest, invoice, 
469.6   register, or protest. 
469.7      Sec. 81.  [609H.715] [FELONY FRAUDULENT STATEMENT.] 
469.8      Whoever violates section 609H.71 may be sentenced to 
469.9   imprisonment for not more than three years or to payment of a 
469.10  fine of not more than $15,000, or both. 
469.11     Sec. 82.  [609H.73] [FALSE CERTIFICATION.] 
469.12     Whoever, when acting or purporting to act as a notary 
469.13  public or other public officer, certifies falsely that an 
469.14  instrument has been acknowledged or that any other act was 
469.15  performed by a party appearing before the actor or that as such 
469.16  notary public or other public officer the actor performed any 
469.17  other official act is guilty of false certification and may be 
469.18  punished as provided in section 609H.733 or 609H.735. 
469.19     Sec. 83.  [609H.733] [FELONY FALSE CERTIFICATION.] 
469.20     A person who violates section 609H.73 with intent to injure 
469.21  or defraud may be sentenced to imprisonment for not more than 
469.22  three years or to payment of a fine of not more than $6,000, or 
469.23  both. 
469.24     Sec. 84.  [609H.735] [FIRST DEGREE MISDEMEANOR FALSE 
469.25  CERTIFICATION.] 
469.26     Except as provided in section 609H.733, whoever violates 
469.27  section 609H.73 is guilty of a first degree misdemeanor. 
469.28     Sec. 85.  [609H.75] [STATE LOTTERY FRAUD.] 
469.29     Subdivision 1.  [GENERALLY.] A person is guilty of state 
469.30  lottery fraud and may be punished as provided in sections 
469.31  609H.753 to 609H.757 if the person does any of the following 
469.32  with intent to defraud the state lottery: 
469.33     (a) alters or counterfeits a state lottery ticket; 
469.34     (b) knowingly presents an altered or counterfeited state 
469.35  lottery ticket for payment; 
469.36     (c) knowingly transfers an altered or counterfeited state 
470.1   lottery ticket to another person; or 
470.2      (d) otherwise claims a lottery prize by means of fraud, 
470.3   deceit, or misrepresentation. 
470.4      Subd 2.  [COMPUTER ACCESS.] A person is guilty of state 
470.5   lottery fraud and may be punished as provided in section 
470.6   609H.753 or 609H.755 if the person: 
470.7      (a) obtains access to a computer database maintained by the 
470.8   director of the state lottery without the specific authorization 
470.9   of the director; or 
470.10     (b) obtains access to a computer database maintained by a 
470.11  person under contract with the director to maintain the database 
470.12  without the specific authorization of the director and the 
470.13  person maintaining the database. 
470.14     Subd. 3.  [FALSE STATEMENTS.] A person is guilty of state 
470.15  lottery fraud and may be may be punished as provided in section 
470.16  609H.757, if the person: 
470.17     (a) makes a materially false or misleading statement, or a 
470.18  material omission, in a record required to be submitted under 
470.19  chapter 349A; or 
470.20     (b) makes a materially false or misleading statement, or a 
470.21  material omission, in information submitted to the director of 
470.22  the state lottery in a lottery retailer's application or a 
470.23  document related to a bid. 
470.24     Sec. 86.  [609H.753] [FIRST DEGREE FELONY STATE LOTTERY 
470.25  FRAUD.] 
470.26     Whoever violates section 609H.75, subdivision 1 or 2, and 
470.27  defrauds the state lottery of $50,000 or more, may be sentenced 
470.28  to imprisonment for not more than 20 years or to payment of a 
470.29  fine of not more than $100,000, or both. 
470.30     Sec. 87.  [609H.755] [SECOND DEGREE FELONY STATE LOTTERY 
470.31  FRAUD.] 
470.32     Except as provided in section 609H.753, whoever violates 
470.33  section 609H.75, subdivision 1 or 2, may be sentenced to 
470.34  imprisonment for not more than ten years or to payment of a fine 
470.35  of not more than $50,000, or both. 
470.36     Sec. 88.  [609H.757] [THIRD DEGREE FELONY STATE LOTTERY 
471.1   FRAUD.] 
471.2      Whoever violates section 609H.75, subdivision 3, may be 
471.3   sentenced to imprisonment for not more than three years or to 
471.4   payment of a fine of not more than $15,000, or both. 
471.5      Sec. 89.  [609H.77] [COMMERCIAL BRIBERY.] 
471.6      Subdivision 1.  [SPECIAL DEFINITION OF CORRUPTLY.] For 
471.7   purposes of this section, "corruptly" means that the actor 
471.8   intends the action to injure or defraud: 
471.9      (a) the actor's employer or principal; or 
471.10     (b) the employer or principal of the person to whom the 
471.11  actor offers, gives, or agrees to give the bribe or from whom 
471.12  the actor requests, receives, or agrees to receive the bribe. 
471.13     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever does any of the 
471.14  following, when not consistent with usually accepted business 
471.15  practices, is guilty of commercial bribery and may be sentenced 
471.16  as provided in sections 609G.112 to 609G.119 (theft): 
471.17     (a) corruptly offers, gives, or agrees to give, directly or 
471.18  indirectly, any benefit, consideration, compensation, or reward 
471.19  to any employee, agent, or fiduciary of a person with the intent 
471.20  to influence the person's performance of duties as an employee, 
471.21  agent, or fiduciary in relation to the person's employer's or 
471.22  principal's business; or 
471.23     (b) being an employee, agent, or fiduciary of a person, 
471.24  corruptly requests, receives, or agrees to receive, directly or 
471.25  indirectly, from another person any benefit, consideration, 
471.26  compensation, or reward with the understanding or agreement to 
471.27  be influenced in the performance of duties as an employee, 
471.28  agent, or fiduciary in relation to the employer's or principal's 
471.29  business. 
471.30     Subd. 3.  [AGGREGATION.] In any prosecution under this 
471.31  section, the value of the benefit, consideration, compensation, 
471.32  or reward received by the defendant within any six-month period 
471.33  may be aggregated and the defendant charged accordingly.  When 
471.34  two or more offenses are committed by the same person in two or 
471.35  more counties, the accused may be prosecuted in any county in 
471.36  which one of the offenses was committed, or all of the offenses 
472.1   aggregated under this subdivision. 
472.2      Sec. 90.  [609H.79] [FALSE REGISTRATION OR REPRESENTATION 
472.3   OF ANIMAL.] 
472.4      A person is guilty of false registration or representation 
472.5   of an animal and may be punished as provided in section 609H.795 
472.6   if the person: 
472.7      (a) by any false pretense obtains from any club, 
472.8   association, society, or company for the improvement of the 
472.9   breed of cattle, horses, sheep, swine, fowls, or other domestic 
472.10  animals, or birds, a certificate of registration of any animal 
472.11  in the herd, or other register of any such association, society, 
472.12  or company, or a transfer of any such registration; or 
472.13     (b) knowingly represents any animal used for breeding 
472.14  purposes to be of a greater degree of any particular strain of 
472.15  blood than the animal actually possesses. 
472.16     Sec. 91.  [609H.795] [SECOND DEGREE MISDEMEANOR FALSE 
472.17  REGISTRATION OR REPRESENTATION OF ANIMAL.] 
472.18     Whoever violates section 609H.79 is guilty of a second 
472.19  degree misdemeanor. 
472.20                              FORGERY 
472.21     Sec. 92.  [609H.81] [AGGRAVATED FORGERY.] 
472.22     Subdivision 1.  [MAKING OR ALTERING WRITING OR 
472.23  OBJECT.] Whoever, with intent to defraud, falsely makes or 
472.24  alters a writing or object of any of the following kinds so that 
472.25  it purports to have been made by another or by the maker or 
472.26  alterer under an assumed or fictitious name, or at another time, 
472.27  or with different provisions, or by authority of one who did not 
472.28  give such authority, is guilty of aggravated forgery and may be 
472.29  punished as provided in section 609H.815: 
472.30     (a) a writing or object whereby, when genuine, legal 
472.31  rights, privileges, or obligations are created, terminated, 
472.32  transferred, or evidenced, or any writing normally relied upon 
472.33  as evidence of debt or property rights, other than a check or a 
472.34  financial transaction card; 
472.35     (b) an official seal or the seal of a corporation; 
472.36     (c) a public record or an official authentication or 
473.1   certification of a copy thereof; 
473.2      (d) an official return or certificate entitled to be 
473.3   received as evidence of its contents; 
473.4      (e) a court order, judgment, decree, or process; 
473.5      (f) the records or accounts of a public body, office, or 
473.6   officer; or 
473.7      (g) the records or accounts of a bank or person, with whom 
473.8   funds of the state or any of its agencies or subdivisions are 
473.9   deposited or entrusted, relating to such funds. 
473.10     Subd. 2.  [MEANS FOR FALSE REPRODUCTION.] Whoever, with 
473.11  intent to defraud, makes, engraves, possesses, or transfers a 
473.12  plate or instrument for the false reproduction of a writing or 
473.13  object mentioned in subdivision 1, a check, or a financial 
473.14  transaction card, is guilty of aggravated forgery and may be 
473.15  punished as provided in section 609H.815. 
473.16     Subd. 3.  [UTTERING OR POSSESSING.] Whoever, with intent to 
473.17  defraud, utters or possesses with intent to utter any forged 
473.18  writing or object mentioned in subdivision 1, not including a 
473.19  check or a financial transaction card, knowing it to have been 
473.20  so forged, is guilty of aggravated forgery and may be punished 
473.21  as provided in section 609H.815. 
473.22     Subd. 4.  [OBTAINING SIGNATURE BY FALSE PRETENSE.] Whoever, 
473.23  by false pretense, obtains the signature of another to a writing 
473.24  that is a subject of forgery under subdivision 1, is guilty of 
473.25  aggravated forgery and may be punished as provided in section 
473.26  609H.815. 
473.27     Sec. 93.  [609H.815] [FELONY AGGRAVATED FORGERY.] 
473.28     Whoever violates section 609H.81 may be sentenced to 
473.29  imprisonment for not more than ten years or to payment of a fine 
473.30  of not more than $50,000, or both. 
473.31     Sec. 94.  [609H.83] [FORGERY.] 
473.32     Subdivision 1.  [MAKING, ALTERING, OR USING WRITING OR 
473.33  OBJECT.] Whoever, with intent to injure or defraud, does any of 
473.34  the following is guilty of forgery and may be punished as 
473.35  provided in section 609H.835: 
473.36     (a) uses a false writing, knowing it to be false, for the 
474.1   purpose of identification or recommendation; 
474.2      (b) without consent, places, or possesses with intent to 
474.3   place, upon any merchandise an identifying label or stamp which 
474.4   is or purports to be that of another craftsperson, tradesperson, 
474.5   packer, or manufacturer, or disposes or possesses with intent to 
474.6   dispose of any merchandise so labeled or stamped; 
474.7      (c) falsely makes or alters a membership card purporting to 
474.8   be that of a fraternal, business, professional, or other 
474.9   association, or of any labor union, or possesses any such card 
474.10  knowing it to have been thus falsely made or altered; 
474.11     (d) falsely makes or alters a writing, or possesses a 
474.12  falsely made or altered writing, evidencing a right to 
474.13  transportation on a common carrier; 
474.14     (e) destroys, mutilates, or by alteration, false entry, or 
474.15  omission, falsifies any record, account, or other document 
474.16  relating to a private business; 
474.17     (f) without authority of law, destroys, mutilates, or by 
474.18  alteration, false entry, or omission, falsifies any record, 
474.19  account, or other document relating to a person, corporation, or 
474.20  business, or filed in the office of, or deposited with, any 
474.21  public office or officer; or 
474.22     (g) destroys a writing or object to prevent it from being 
474.23  produced at a trial, hearing, or other proceeding authorized by 
474.24  law. 
474.25     Subd. 2.  [OFFERING FORGED EVIDENCE.] Whoever, with 
474.26  knowledge that it is forged, offers in evidence in any trial, 
474.27  hearing or other proceedings authorized by law, as genuine, any 
474.28  forged writing or object is guilty of forgery and may be 
474.29  punished as provided in section 609H.833 or 609H.835. 
474.30     Sec. 95.  [609H.833] [FIRST DEGREE FELONY FORGERY.] 
474.31     Whoever violates section 609H.83, subdivision 2, if the 
474.32  writing or object is offered in evidence in the trial of a 
474.33  felony charge, may be sentenced to imprisonment for not more 
474.34  than five years or to payment of a fine of not more than 
474.35  $25,000, or both. 
474.36     Sec. 96.  [609H.835] [SECOND DEGREE FELONY FORGERY.] 
475.1      Except as provided in section 609H.833, whoever violates 
475.2   section 609H.83 may be sentenced to imprisonment for not more 
475.3   than three years or to payment of a fine of not more than 
475.4   $15,000, or both. 
475.5      Sec. 97.  [609H.85] [FILING FORGED INSTRUMENT.] 
475.6      Whoever intentionally presents for filing, registering, or 
475.7   recording, or files, registers, or records a false or forged 
475.8   instrument relating to or affecting real or personal property in 
475.9   a public office entitled to file, register, or record such 
475.10  instrument when genuine is guilty of filing a forged instrument 
475.11  and may be punished as provided in section 609H.855. 
475.12     Sec. 98.  [609H.855] [FELONY FILING FORGED INSTRUMENT.] 
475.13     Whoever violates section 609H.85 may be sentenced to 
475.14  imprisonment for not more than three years or to payment of a 
475.15  fine of not more than $15,000, or both. 
475.16             FINANCIAL EXPLOITATION OF VULNERABLE ADULT 
475.17     Sec. 99.  [609H.91] [FINANCIAL EXPLOITATION OF VULNERABLE 
475.18  ADULT.] 
475.19     Subdivision 1.  [UNLAWFULLY ACQUIRING OR FAILING TO USE 
475.20  RESOURCES.] Whoever does any of the following acts is guilty of 
475.21  the crime of financial exploitation of a vulnerable adult and 
475.22  may be punished as provided in section 609H.915: 
475.23     (a) in breach of a fiduciary obligation recognized 
475.24  elsewhere in law, including pertinent regulations, contractual 
475.25  obligations, documented consent by a competent person, or the 
475.26  obligations of a responsible party under section 144.6501 
475.27  intentionally fails to use the financial resources of the 
475.28  vulnerable adult to provide food, clothing, shelter, health 
475.29  care, therapeutic conduct, or supervision for the vulnerable 
475.30  adult; 
475.31     (b) in the absence of legal authority acquires possession 
475.32  or control of an interest in funds or property of a vulnerable 
475.33  adult through the use of undue influence, harassment, or duress. 
475.34     Subd. 2.  [OBTAINING VULNERABLE ADULT'S SERVICES.] A person 
475.35  who forces, compels, coerces, or entices a vulnerable adult 
475.36  against the vulnerable adult's will to perform services for the 
476.1   profit or advantage of another may be punished as provided in 
476.2   sections 609G.112 to 609G.119 (theft). 
476.3      Subd. 3.  [DEFENSES.] Nothing in this section requires a 
476.4   vulnerable-adult facility or vulnerable-adult caregiver to 
476.5   provide financial management or supervise financial management 
476.6   for a vulnerable adult except as otherwise required by law. 
476.7      Sec. 100.  [609H.915] [GROSS MISDEMEANOR FINANCIAL 
476.8   EXPLOITATION OF VULNERABLE ADULT.] 
476.9      Whoever violates section 609H.91, subdivision 1, is guilty 
476.10  of a gross misdemeanor. 
476.11                             ARTICLE 12 
476.12           CRIMES INVOLVING COMPUTERS AND COMMUNICATIONS 
476.13                          COMPUTER CRIMES 
476.14     Section 1.  [609I.05] [SPECIAL DEFINITIONS FOR CHAPTER.] 
476.15     Subdivision 1.  [TERMS.] For purposes of this chapter, 
476.16  unless the language or context clearly indicates that a 
476.17  different meaning is intended, the terms defined in this section 
476.18  have the meanings ascribed to them. 
476.19     Subd. 2.  [ACCESS.] "Access" means to instruct, communicate 
476.20  with, store data in, or retrieve data from a computer, computer 
476.21  system, or computer network. 
476.22     Subd. 3.  [ACCESS DEVICE.] "Access device" means a card, 
476.23  plate, code, account number, or other means of account access 
476.24  that can be used, alone or in conjunction with another access 
476.25  device, to obtain telecommunications service. 
476.26     Subd. 4.  [AUTHORIZATION.] (a) "Authorization" means with 
476.27  the permission of the owner of the computer, computer system, 
476.28  computer network, computer software, or other property. 
476.29     (b) Authorization may be limited by the owner by: 
476.30     (1) giving the user actual notice orally or in writing; 
476.31     (2) posting a written notice in a prominent location 
476.32  adjacent to the computer being used; or 
476.33     (3) using a notice displayed on or announced by the 
476.34  computer being used. 
476.35     
476.36     Subd. 5.  [CELLULAR TELEPHONE.] "Cellular telephone" means 
477.1   a radio telecommunications device that may be used to obtain 
477.2   access to the public and cellular switch telephone networks and 
477.3   that is programmed by the manufacturer with an electronic serial 
477.4   number. 
477.5      Subd. 6.  [CELLULAR TELEPHONE SERVICE.] "Cellular telephone 
477.6   service" means all services and cellular telephone equipment and 
477.7   capabilities available for a fee from a provider to: 
477.8      (a) a person who pays a fee to subscribe to cellular 
477.9   telephone service from a provider; or 
477.10     (b) a person receiving a call from or sending a call to the 
477.11  person paying or subscribing for cellular telephone service. 
477.12     Subd. 7.  [CLONED CELLULAR TELEPHONE OR COUNTERFEIT 
477.13  CELLULAR TELEPHONE.] "Cloned cellular telephone" or "counterfeit 
477.14  cellular telephone" means a cellular telephone, the electronic 
477.15  serial number of which has been altered by someone other than 
477.16  the manufacturer. 
477.17     Subd. 8.  [COMMUNICATIONS COMMON CARRIER.] "Communications 
477.18  common carrier" means any individual, partnership, corporation, 
477.19  or association that provides telephone or telegraph service to 
477.20  subscribers or users pursuant to tariffs on file with the public 
477.21  utilities commission or the Federal Communications Commission. 
477.22     Subd. 9.  [COMPUTER.] "Computer" means an electronic device 
477.23  that performs logical, arithmetic, or memory functions by the 
477.24  manipulations of signals, including electronic or magnetic 
477.25  impulses. 
477.26     Subd. 10.  [COMPUTER NETWORK.] "Computer network" means the 
477.27  interconnection of a communication system with a computer 
477.28  through a remote terminal, or with two or more interconnected 
477.29  computers or computer systems, and includes private and public 
477.30  telecommunications networks. 
477.31     Subd. 11.  [COMPUTER PROGRAM.] "Computer program" means an 
477.32  instruction or statement or a series of instructions or 
477.33  statements, in a form acceptable to a computer, that directs the 
477.34  functioning of a computer system in a manner designed to provide 
477.35  appropriate products from the computer. 
477.36     Subd. 12.  [COMPUTER SECURITY SYSTEM.] "Computer security 
478.1   system" means a software program or computer device that: 
478.2      (a) is intended to protect the confidentiality and secrecy 
478.3   of data and information stored in or accessible through the 
478.4   computer system; and 
478.5      (b) displays a conspicuous warning to a user that the user 
478.6   is entering a secure system or requires a person seeking access 
478.7   to knowingly respond by use of an authorized code to the program 
478.8   or device in order to gain access. 
478.9      Subd. 13.  [COMPUTER SOFTWARE.] "Computer software" means a 
478.10  computer program or procedures, or associated documentation 
478.11  concerned with the operation of a computer. 
478.12     Subd. 14.  [COMPUTER SYSTEM.] "Computer system" means 
478.13  related, connected or unconnected, computers and peripheral 
478.14  equipment. 
478.15     Subd. 15.  [CONTENTS.] "Contents," when used with respect 
478.16  to any wire, electronic, or oral communication, includes any 
478.17  information concerning the substance, purport, or meaning of 
478.18  that communication. 
478.19     Subd. 16.  [COUNTERFEIT CELLULAR TELEPHONE OR CLONED 
478.20  CELLULAR TELEPHONE.] "Counterfeit cellular telephone" or "cloned 
478.21  cellular telephone" means a cellular telephone, the electronic 
478.22  serial number of which has been altered by someone other than 
478.23  the manufacturer. 
478.24     Subd. 17.  [CREDIT CARD NUMBER.] (a) "Credit card number" 
478.25  means the card number appearing on a credit card that is an 
478.26  identification card or plate issued to a person by a supplier of 
478.27  telecommunications service that permits the person to whom the 
478.28  card has been issued to obtain telecommunications service on 
478.29  credit. 
478.30     (b) Credit card number includes the number or description 
478.31  of a credit card or plate even if the card or plate itself is 
478.32  not produced when obtaining telecommunications service. 
478.33     Subd. 18.  [DESTRUCTIVE COMPUTER PROGRAM.] (a) "Destructive 
478.34  computer program" means a computer program that performs a 
478.35  destructive function or produces a destructive product. 
478.36     (b) A program performs a destructive function if it: 
479.1      (1) degrades performance of the affected computer, 
479.2   associated peripherals, or a computer program; 
479.3      (2) disables the computer, associated peripherals, or a 
479.4   computer program; or 
479.5      (3) destroys or alters computer programs or data. 
479.6      (c) A program produces a destructive product if it: 
479.7      (1) produces unauthorized data, including data that make 
479.8   computer memory space unavailable; 
479.9      (2) results in the unauthorized alteration of data or 
479.10  computer programs; or 
479.11     (3) produces a destructive computer program, including a 
479.12  self-replicating computer program. 
479.13     Subd. 19.  [ELECTRONIC, MECHANICAL, OR OTHER DEVICE.] (a) 
479.14  "Electronic, mechanical, or other device" means any device or 
479.15  apparatus that can be used to intercept a wire, electronic, or 
479.16  oral communication other than: 
479.17     (1) any telephone or telegraph instrument, equipment, or 
479.18  facility, or any component thereof: 
479.19     (i) furnished to the subscriber or user by a provider or 
479.20  wire or electronic communication service in the ordinary course 
479.21  of its business and being used by the subscriber or user in the 
479.22  ordinary course of its business or furnished by a subscriber or 
479.23  user for connection to the facilities of service and used in the 
479.24  ordinary course of its business; or 
479.25     (ii) being used by a communications common carrier in the 
479.26  ordinary course of its business, or by an investigative or law 
479.27  enforcement officer in the ordinary course of duties; 
479.28     (2) a hearing aid or similar device being used to correct 
479.29  subnormal hearing to not better than normal; 
479.30     (3) that which is specifically designed to only record 
479.31  conversations to which the operator of the device is a party; 
479.32     (4) that which is used in the normal course of broadcasting 
479.33  by radio or television; or 
479.34     (5) that which is otherwise commonly used for a purpose or 
479.35  purposes other than overhearing or recording conversations. 
479.36     (b) In determining whether a device that is alleged to be 
480.1   an electronic, mechanical, or other device is, in fact, such a 
480.2   device there shall be taken into account, among other things, 
480.3   the size, appearance, directivity, range, sensitivity, 
480.4   frequency, power, or intensity, and the representations of the 
480.5   maker or manufacturer as to its performance and use. 
480.6      Subd. 20.  [ELECTRONIC COMMUNICATION.] (a) "Electronic 
480.7   communication" means transfer of signs, signals, writing, 
480.8   images, sounds, data, or intelligence of any nature transmitted 
480.9   in whole or in part by a wire, radio, electromagnetic, 
480.10  photoelectronic, or photooptical system. 
480.11     (b) "Electronic communication" does not include: 
480.12     (1) a wire or oral communication; 
480.13     (2) a communication made through a tone-only paging device; 
480.14  or 
480.15     (3) a communication from a tracking device, defined as an 
480.16  electronic or mechanical device that permits the tracking of the 
480.17  movement of a person or object. 
480.18     Subd. 21.  [ELECTRONIC COMMUNICATION SERVICE.] "Electronic 
480.19  communication service" means a service that provides to users of 
480.20  the service the ability to send or receive wire or electronic 
480.21  communications. 
480.22     Subd. 22.  [ELECTRONIC COMMUNICATION SYSTEM.] "Electronic 
480.23  communication system" means a wire, radio, electromagnetic, 
480.24  photooptical, or photoelectronic facility for the transmission 
480.25  of electronic communications, and a computer facility or related 
480.26  electronic equipment for the electronic storage of 
480.27  communications. 
480.28     Subd. 23.  [ELECTRONIC SERIAL NUMBER.] "Electronic serial 
480.29  number" means a unique number that is programmed into a cellular 
480.30  telephone by the manufacturer, transmitted by the cellular 
480.31  telephone, and used by cellular telephone providers to validate 
480.32  radio transmissions to the system as having been made by an 
480.33  authorized device. 
480.34     Subd. 24.  [ELECTRONIC STORAGE.] "Electronic storage" means:
480.35     (a) a temporary, intermediate storage of a wire or 
480.36  electronic communication incidental to the electronic 
481.1   transmission of the communication; and 
481.2      (b) a storage of communication described in paragraph (a) 
481.3   by an electronic communication service for purposes of backup 
481.4   protection of the communication. 
481.5      Subd. 25.  [INTERCEPT.] (a) "Intercept," when used with 
481.6   respect to wire, electronic, or oral communication generally, 
481.7   means the aural or other acquisition of the contents of any 
481.8   wire, electronic, or oral communication through the use of any 
481.9   electronic, mechanical, or other device. 
481.10     (b) "Intercept," when used with respect to a cellular 
481.11  telephone, means to electronically capture, record, reveal, or 
481.12  otherwise access the signals emitted or received during the 
481.13  operation of a cellular telephone by any instrument, device, or 
481.14  equipment without the consent of the sender or receiver. 
481.15     Subd. 26.  [INVESTIGATIVE OR LAW ENFORCEMENT OFFICER.] 
481.16  "Investigative or law enforcement officer," when used with 
481.17  respect to any wire, electronic, or oral communication, means 
481.18  any officer of the United States or of a state or political 
481.19  subdivision thereof, or a University of Minnesota peace officer 
481.20  who is empowered by law to conduct investigations of or to make 
481.21  arrests for offenses enumerated in this chapter, or any attorney 
481.22  authorized by law to prosecute or participate in the prosecution 
481.23  of such offenses. 
481.24     Subd. 27.  [MOBILE IDENTIFICATION NUMBER.] "Mobile 
481.25  identification number" means the cellular telephone number 
481.26  assigned to the cellular telephone by the cellular telephone 
481.27  provider. 
481.28     Subd. 28.  [MOBILE TRACKING DEVICE.] "Mobile tracking 
481.29  device" means an electronic or mechanical device that permits 
481.30  the tracking of the movement of a person or object. 
481.31     Subd. 29.  [ORAL COMMUNICATION.] (a) "Oral communication" 
481.32  means any oral communication uttered by a person exhibiting an 
481.33  expectation that the communication is not subject to 
481.34  interception under circumstances justifying that expectation. 
481.35     (b) "Oral communication" does not include any electronic 
481.36  communication. 
482.1      Subd. 30.  [PEN REGISTER.] (a) "Pen register" means a 
482.2   device that records or decodes electronic or other impulses that 
482.3   identify the number dialed or otherwise transmitted on the 
482.4   telephone line to which the device is attached. 
482.5      (b) "Pen register" does not include: 
482.6      (1) a device used by a provider or customer of a wire or 
482.7   electronic communication service for billing, or recording as an 
482.8   incident to billing, for communications services provided by the 
482.9   provider; or 
482.10     (2) a device used by a provider or customer of a wire 
482.11  communication service for cost accounting or other like purposes 
482.12  in the ordinary course of its business. 
482.13     Subd. 31.  [PERSON.] "Person" means any individual, 
482.14  partnership, corporation, joint stock company, trust, or 
482.15  association, including the subscriber to the telephone or 
482.16  telegraph service involved and any law enforcement officer. 
482.17     Subd. 32.  [PROVIDER.] "Provider," when used with respect 
482.18  to cellular telephone service, means a licensed seller of 
482.19  cellular telephone service or a reselling agent authorized by a 
482.20  licensed seller. 
482.21     Subd. 33.  [READILY ACCESSIBLE TO THE GENERAL PUBLIC.] 
482.22  "Readily accessible to the general public," with respect to a 
482.23  radio communication, means that the communication is not: 
482.24     (a) scrambled or encrypted; 
482.25     (b) transmitted using modulation techniques whose essential 
482.26  parameters have been withheld from the public with the intention 
482.27  of preserving the privacy of the communication; 
482.28     (c) carried on a subcarrier or other signal subsidiary to a 
482.29  radio transmission; 
482.30     (d) transmitted over a communication system provided by a 
482.31  common carrier, unless the communication is a tone-only paging 
482.32  system communication; or 
482.33     (e) transmitted on frequencies allocated under part 25, 
482.34  subpart D, E, or F of part 74, or part 94 of title 47 of Code of 
482.35  Federal Regulations, unless in the case of a communication 
482.36  transmitted on a frequency allocated under part 74 of title 47 
483.1   of Code of Federal Regulations that is not exclusively allocated 
483.2   to broadcast auxiliary services, the communication is a two-way 
483.3   voice communication by radio. 
483.4      Subd. 34.  [SERVICES.] "Services" include, but are not 
483.5   limited to, computer time, data processing, and storage 
483.6   functions. 
483.7      Subd. 35.  [TELECOMMUNICATIONS DEVICE.] (a) 
483.8   "Telecommunications device" means an instrument, apparatus, 
483.9   equipment mechanism, operating procedure, or code designed or 
483.10  adapted for a particular use and that is intended or can be used 
483.11  in violation of section 609I.21 (telecommunication fraud). 
483.12     (b) "Telecommunications device" includes computer hardware, 
483.13  software, programs, electronic mail system, voice mail system, 
483.14  identification validation system, private branch exchange, or 
483.15  any other means of facilitating telecommunications service. 
483.16     Subd. 36.  [TELECOMMUNICATIONS PROVIDER.] 
483.17  "Telecommunications provider" means a person, firm, association, 
483.18  or a corporation, private or municipal, owning, operating, or 
483.19  managing facilities used to provide telecommunications service. 
483.20     Subd. 37.  [TELECOMMUNICATIONS SERVICE.] 
483.21  "Telecommunications service" means a service that, in exchange 
483.22  for a pecuniary consideration, provides or offers to provide 
483.23  transmission of messages, signals, facsimiles, or other 
483.24  communication between persons who are physically separated from 
483.25  each other by telephone, telegraph, cable, wire, fiber optic 
483.26  cable, or the projection of energy without physical connection.  
483.27  Telecommunications service applies when the telecommunications 
483.28  service originates or ends or both originates and ends in this 
483.29  state. 
483.30     Subd. 38.  [TELEPHONE CLONING PARAPHERNALIA.] (a) 
483.31  "Telephone cloning paraphernalia" means materials that, when 
483.32  possessed in combination, are capable of creating a cloned 
483.33  cellular telephone. 
483.34     (b) "Telephone cloning paraphernalia" includes, but is not 
483.35  limited to: 
483.36     (1) scanners to intercept electronic serial numbers and 
484.1   mobile identification numbers; 
484.2      (2) cellular telephones; 
484.3      (3) cables; 
484.4      (4) EPROM chips; 
484.5      (5) EPROM burners; 
484.6      (6) software for programming the cellular telephone with a 
484.7   false electronic serial number, mobile identification number, 
484.8   other identifiable data, or a combination of those items; 
484.9      (7) computers containing software described in clause (6); 
484.10  and 
484.11     (8) lists of electronic serial number and mobile 
484.12  identification number combinations. 
484.13     Subd. 39.  [TELEPHONE COMPANY.] "Telephone company" means a 
484.14  telecommunications provider that provides local exchange 
484.15  telecommunications service. 
484.16     Subd. 40.  [TRAP AND TRACE DEVICE.] "Trap and trace device" 
484.17  means a device that captures the incoming electronic or other 
484.18  impulses that identify the originating number of an instrument 
484.19  or device from which a wire or electronic communication was 
484.20  transmitted. 
484.21     Subd. 41.  [USER.] "User," when used with respect to any 
484.22  wire, electronic, or oral communication, means a person or 
484.23  entity who: 
484.24     (a) uses an electronic communication service; and 
484.25     (b) is duly authorized by the provider of the service to 
484.26  engage in the use. 
484.27     Subd. 42.  [WIRE COMMUNICATION.] (a) "Wire communication" 
484.28  means any transfer containing the human voice at any point 
484.29  between and including the point of origin and the point of 
484.30  reception, made in whole or in part through the use of 
484.31  facilities for the transmission of communications by the aid of 
484.32  wire, cable, or other like connection between the point of 
484.33  origin and the point of reception, including the use of the 
484.34  connection in a switching station. 
484.35     (b) "Wire communication" includes any electronic storage of 
484.36  the communication. 
485.1      Sec. 2.  [609I.11] [COMPUTER DAMAGE.] 
485.2      Subdivision 1.  [UNLAWFUL CONDUCT.] Whoever does any of the 
485.3   following is guilty of computer damage and may be sentenced as 
485.4   provided in sections 609G.112 to 609G.119 (theft) as if the loss 
485.5   to the owner or the owner's agent or lessee were property or 
485.6   services stolen: 
485.7      (a) intentionally and without authorization, damages or 
485.8   destroys any computer, computer system, computer network, 
485.9   computer software, or any other property specified in 
485.10  subdivision 2; 
485.11     (b) intentionally and without authorization, or with intent 
485.12  to injure or defraud alters any computer, computer system, 
485.13  computer network, computer software, or any other property 
485.14  specified in subdivision 2; or 
485.15     (c) distributes a destructive computer program, without 
485.16  authorization and with intent to damage or destroy any computer, 
485.17  computer system, computer network, computer software, or any 
485.18  other property specified in subdivision 2. 
485.19     Subd. 2.  [PROPERTY COVERED.] Property covered by 
485.20  subdivision 1 includes electronically processed or produced data 
485.21  and information contained in a computer or computer software in 
485.22  either machine or human readable form. 
485.23     Sec. 3.  [609I.13] [COMPUTER THEFT.] 
485.24     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does any of 
485.25  the following is guilty of computer theft and may be sentenced 
485.26  as provided in sections 609G.112 to 609G.119 (theft), in 
485.27  accordance with the loss to the owner or the owner's agent or 
485.28  lessee: 
485.29     (a) intentionally and without authorization or claim of 
485.30  right, accesses or causes to be accessed any computer, computer 
485.31  system, computer network, or any part thereof for the purpose of 
485.32  obtaining services or property; or 
485.33     (b) intentionally and without claim of right, and with 
485.34  intent to deprive the owner of use or possession, takes, 
485.35  transfers, conceals, or retains possession of any computer, 
485.36  computer system, or any computer software or data contained in a 
486.1   computer, computer system, or computer network. 
486.2      Sec. 4.  [609I.15] [UNAUTHORIZED COMPUTER ACCESS.] 
486.3      Whoever, intentionally and without authority, attempts to 
486.4   or does penetrate a computer security system is guilty of 
486.5   unauthorized computer access and may be sentenced as provided in 
486.6   sections 609I.153 to 609I.157. 
486.7      Sec. 5.  [609I.153] [FELONY UNAUTHORIZED COMPUTER ACCESS.] 
486.8      Whoever does either of the following may be sentenced to 
486.9   imprisonment for not more than ten years or to payment of a fine 
486.10  of not more than $20,000, or both: 
486.11     (a) violates section 609I.15 in a manner that creates a 
486.12  grave risk of causing the death of a person; or 
486.13     (b) violates section 609I.155 (gross misdemeanor 
486.14  unauthorized computer access) after having been convicted of a 
486.15  previous violation of that section. 
486.16     Sec. 6.  [609I.155] [GROSS MISDEMEANOR UNAUTHORIZED 
486.17  COMPUTER ACCESS.] 
486.18     Except as provided in section 609I.153, whoever does any of 
486.19  the following is guilty of a gross misdemeanor: 
486.20     (a) violates section 609I.15 in a manner that creates a 
486.21  risk to public health and safety; 
486.22     (b) violates section 609I.15 in a manner that compromises 
486.23  the security of data that are protected under section 609G.11, 
486.24  subdivision 4, paragraph (c), or are not public data as defined 
486.25  in section 13.02, subdivision 8a; or 
486.26     (c) violates section 609I.157 (second degree misdemeanor 
486.27  unauthorized computer access) within five years after having 
486.28  been convicted of a previous violation of that section. 
486.29     Sec. 7.  [609I.157] [SECOND DEGREE MISDEMEANOR UNAUTHORIZED 
486.30  COMPUTER ACCESS.] 
486.31     Except as provided in section 609I.153 and 609I.155, 
486.32  whoever violates section 609I.15 is guilty of a second degree 
486.33  misdemeanor. 
486.34     Sec. 8.  [609I.17] [REPORTING COMPUTER CRIME; IMMUNITY.] 
486.35     A person who has reason to believe that any provision of 
486.36  section 609I.11 (computer damage), 609I.13 (computer theft), or 
487.1   609I.15 (unauthorized computer access) is being or has been 
487.2   violated and who reports the suspected violation to the 
487.3   prosecuting authority in the county in which all or part of the 
487.4   suspected violation occurred is immune from any criminal or 
487.5   civil liability that otherwise might result from the person's 
487.6   action, if the person acts in good faith. 
487.7                       TELECOMMUNICATION FRAUD 
487.8      Sec. 9.  [609I.21] [TELECOMMUNICATION FRAUD.] 
487.9      Subdivision 1.  [ACTS CONSTITUTING.] Whoever, with intent 
487.10  to evade a lawful charge, obtains telecommunications service for 
487.11  the person's own use by any fraudulent means is guilty of 
487.12  telecommunication fraud and may be sentenced as provided in 
487.13  sections 609G.112 to 609G.118 (theft). 
487.14     Subd. 2.  [AGGREGATION.] Amounts involved in a violation of 
487.15  this section under one scheme or course of conduct, whether from 
487.16  the same credit card number or several credit card numbers, may 
487.17  be aggregated in determining the classification of the offense. 
487.18     Sec. 10.  [609I.23] [FACILITATING TELECOMMUNICATION FRAUD.] 
487.19     Whoever does any of the following is guilty of facilitating 
487.20  telecommunication fraud and may be sentenced as provided in 
487.21  section 609I.235: 
487.22     (a) makes available to another, or offers or advertises to 
487.23  make available, a telecommunications device or information in 
487.24  order to facilitate violation of section 609I.21 
487.25  (telecommunication and information service fraud) by another; or 
487.26     (b) makes, assembles, or possesses a telecommunications 
487.27  device that is designed or adapted to violate section 609I.21 or 
487.28  to conceal from a provider of telecommunications service or from 
487.29  a lawful authority, the existence or place of origin or 
487.30  destination of telecommunications service. 
487.31     Sec. 11.  [609I.235] [FELONY FACILITATING TELECOMMUNICATION 
487.32  FRAUD.] 
487.33     Whoever violates section 609I.23 may be sentenced to 
487.34  imprisonment for not more than five years or to payment of a 
487.35  fine of not more than $10,000, or both. 
487.36     Sec. 12.  [609I.25] [CELLULAR TELEPHONE COUNTERFEITING.] 
488.1      Subdivision 1.  [FACILITATING CELLULAR TELEPHONE 
488.2   COUNTERFEITING.] A person is guilty of cellular counterfeiting 
488.3   and may be punished as provided in section 609I.253 if the 
488.4   person knowingly possesses or distributes, and knows the 
488.5   unlawful nature of using, any telephone cloning paraphernalia or 
488.6   any instrument capable of intercepting or manipulating 
488.7   electronic serial numbers, mobile identification numbers, other 
488.8   identifiable data, or a combination of those items, and agrees 
488.9   with, encourages, solicits, or permits one or more other persons 
488.10  to engage in or cause, or obtain cellular telephone service 
488.11  through, cellular counterfeiting. 
488.12     Subd. 2.  [POSSESSING CLONING PARAPHERNALIA.] A person is 
488.13  guilty of cellular counterfeiting and may be punished as 
488.14  provided in section 609I.255 if the person knowingly possesses, 
488.15  and knows the unlawful nature of using, any telephone cloning 
488.16  paraphernalia or any instrument capable of intercepting or 
488.17  manipulating electronic serial numbers, mobile identification 
488.18  numbers, other identifiable data, or a combination of those 
488.19  items. 
488.20     Subd. 3.  [POSSESSING CLONED TELEPHONE.] A person is guilty 
488.21  of cellular counterfeiting and may be punished as provided in 
488.22  section 609I.257 if the person knowingly possesses a cloned 
488.23  cellular telephone and knows that the telephone is unlawfully 
488.24  cloned. 
488.25     Subd. 4.  [EXCLUSIONS.] Subdivisions 1 to 3 do not apply to:
488.26     (a) officers, employees, or agents of cellular telephone 
488.27  service providers who engage in conduct prohibited by this 
488.28  section for the purpose of constructing, maintaining, or 
488.29  conducting the radio telecommunication service or for law 
488.30  enforcement purposes; 
488.31     (b) law enforcement officers and public officials in charge 
488.32  of jails, police premises, sheriffs' offices, department of 
488.33  corrections institutions, and other penal or correctional 
488.34  institutions, or any other persons under the color of law, who 
488.35  engage in conduct prohibited by this section for the purpose of 
488.36  law enforcement or in the normal course of the officer's or 
489.1   official's employment activities or duties; or 
489.2      (c) officers, employees, or agents of federal or state 
489.3   agencies who are authorized to monitor or intercept cellular 
489.4   telephone service in the normal course of the officer's, 
489.5   employee's, or agent's employment. 
489.6      Subd. 5.  [CIVIL LIABILITY.] A prosecution under this 
489.7   section does not preclude civil liability under any applicable 
489.8   provision of law. 
489.9      Sec. 13.  [609I.253] [FIRST DEGREE FELONY CELLULAR 
489.10  TELEPHONE COUNTERFEITING.] 
489.11     A person who violates section 609I.25, subdivision 1, may 
489.12  be sentenced to imprisonment for not more than five years or to 
489.13  payment of a fine of not more than $10,000, or both. 
489.14     Sec. 14.  [609I.255] [SECOND DEGREE FELONY CELLULAR 
489.15  TELEPHONE COUNTERFEITING.] 
489.16     A person who violates section 609I.25, subdivision 2, may 
489.17  be sentenced to imprisonment for not more than three years or to 
489.18  payment of a fine of not more than $6,000, or both. 
489.19     Sec. 15.  [609I.257] [FIRST DEGREE MISDEMEANOR CELLULAR 
489.20  TELEPHONE COUNTERFEITING.] 
489.21     Whoever violates section 609I.25, subdivision 3, is guilty 
489.22  of a first degree misdemeanor. 
489.23                      TELEPHONE COMMUNICATIONS 
489.24     Sec. 16.  [609I.31] [INTERFERING WITH EMERGENCY 
489.25  COMMUNICATION.] 
489.26     Subdivision 1.  [AUTHORITY.] A supervising peace officer, 
489.27  who has probable cause to believe that a person is being 
489.28  unlawfully confined, and who has lawful jurisdiction in the 
489.29  geographical area where the violation is believed to be 
489.30  occurring, may order a telephone company to cut, reroute, or 
489.31  divert telephone lines for the purpose of establishing and 
489.32  controlling communications with a person believed to be 
489.33  unlawfully confining another. 
489.34     Subd. 2.  [UNLAWFUL ACT.] Whoever, with knowledge of an 
489.35  order issued pursuant to subdivision 1 and without prior police 
489.36  authorization, initiates telephone communications with a person 
490.1   believed to be unlawfully confining another is guilty of 
490.2   interfering with emergency communication and may be sentenced as 
490.3   provided in section 609I.315. 
490.4      Subd. 3.  [DEFENSE.] Good faith reliance by telephone 
490.5   employees on an order issued pursuant to subdivision 2 shall 
490.6   constitute a complete defense to any legal action brought for an 
490.7   interruption of telephone communications occurring by reason of 
490.8   this section. 
490.9      Subd. 4.  [DESIGNATION.] Each telephone company shall 
490.10  designate an employee to serve as a security official and to 
490.11  provide assistance as required by the supervising peace officer 
490.12  to carry out the purposes of this section. 
490.13     Sec. 17.  [609I.315] [SECOND DEGREE MISDEMEANOR INTERFERING 
490.14  WITH EMERGENCY COMMUNICATION.] 
490.15     Whoever violates section 609I.31, subdivision 2, is guilty 
490.16  of a second degree misdemeanor. 
490.17     Sec. 18.  [609I.33] [MESSAGE VIOLATION.] 
490.18     Whoever does any of the following is guilty of message 
490.19  violation and may be sentenced as provided in section 609I.335: 
490.20     (a) being entrusted as an employee of a telephone or 
490.21  telegraph company with the transmission or delivery of a 
490.22  telephonic or telegraphic message, intentionally or through 
490.23  culpable negligence discloses the contents or meaning thereof to 
490.24  a person other than the intended recipient; 
490.25     (b) having knowledge of not being the intended recipient, 
490.26  obtains such a disclosure from such an employee; or 
490.27     (c) being such an employee, intentionally or negligently 
490.28  fails duly to deliver such a message. 
490.29     Sec. 19.  [609I.335] [SECOND DEGREE MISDEMEANOR MESSAGE 
490.30  VIOLATION.] 
490.31     Whoever violates section 609I.33 is guilty of a second 
490.32  degree misdemeanor. 
490.33     Sec. 20.  [609I.35] [EMERGENCY COMMUNICATION VIOLATION.] 
490.34     Subdivision 1.  [GENERALLY.] Whoever does any of the 
490.35  following is guilty of an emergency communication violation and 
490.36  may be sentenced as provided in section 609I.353: 
491.1      (a) refuses to relinquish immediately a coin-operated 
491.2   telephone or a telephone line consisting of two or more stations 
491.3   when informed that the line is needed to make an emergency call 
491.4   for medical or ambulance service or for assistance from a police 
491.5   or fire department or for other service needed in an emergency 
491.6   to avoid serious harm to person or property, and an emergency 
491.7   exists; 
491.8      (b) secures a relinquishment of a coin-operated telephone 
491.9   or a telephone line consisting of two or more stations by 
491.10  falsely stating that the line is needed for an emergency; 
491.11     (c) makes an emergency call for medical or ambulance 
491.12  service, knowing that no medical emergency exists; or 
491.13     (d) interrupts, disrupts, impedes, or otherwise interferes 
491.14  with the transmission of a citizen's band radio channel 
491.15  communication the purpose of which is to inform or inquire about 
491.16  a medical emergency or an emergency in which property is or is 
491.17  reasonably believed to be in imminent danger of damage or 
491.18  destruction. 
491.19     Subd. 2.  [PUBLISHING TELEPHONE DIRECTORY WITHOUT REQUIRED 
491.20  NOTICE.] A person is guilty of an emergency communication 
491.21  violation and may be sentenced as provided in section 609I.355 
491.22  if the person publishes telephone directories to be used for 
491.23  telephones or telephone lines and the directories do not contain 
491.24  a copy of subdivision 1. 
491.25     Sec. 21.  [609I.353] [SECOND DEGREE MISDEMEANOR EMERGENCY 
491.26  COMMUNICATION VIOLATION.] 
491.27     Whoever violates section 609I.35, subdivision 1, is guilty 
491.28  of a second degree misdemeanor. 
491.29     Sec. 22.  [609I.355] [INFRACTION EMERGENCY COMMUNICATION 
491.30  VIOLATION.] 
491.31     Whoever violates section 609I.35, subdivision 2, is guilty 
491.32  of an infraction. 
491.33                        CABLE COMMUNICATION 
491.34     Sec. 23.  [609I.41] [OFFERING UNAUTHORIZED CABLE 
491.35  EQUIPMENT.] 
491.36     Whoever sells or rents, or offers or advertises for sale or 
492.1   rental, any instrument, apparatus, equipment, or device designed 
492.2   to make an unauthorized connection as prohibited by section 
492.3   609G.11, subdivision 5, paragraph (b) (theft of cable service), 
492.4   to a licensed cable communications system as defined in chapter 
492.5   238, or a plan, specification, or instructions for making an 
492.6   unauthorized connection, is guilty of offering unauthorized 
492.7   cable equipment and may be sentenced as provided in section 
492.8   609I.415. 
492.9      Sec. 24.  [609I.415] [FELONY OFFERING UNAUTHORIZED CABLE 
492.10  EQUIPMENT.] 
492.11     Whoever violates section 609I.41 may be sentenced to not 
492.12  more than three years of imprisonment or payment of a fine of 
492.13  not more than $6,000, or both. 
492.14     Sec. 25.  [609I.43] [INTERFERING WITH CABLE EQUIPMENT.] 
492.15     Whoever does any of the following is guilty of interfering 
492.16  with cable equipment and may be sentenced as provided in section 
492.17  609I.435: 
492.18     (a) intentionally and with the purpose of making or aiding 
492.19  in an unauthorized connection as prohibited by section 609G.11, 
492.20  subdivision 5, paragraph (b) (theft of cable service), to a 
492.21  licensed cable communications system as defined in chapter 238 
492.22  lends, offers, or gives to another any instrument, apparatus, 
492.23  equipment, or device designed to make an unauthorized 
492.24  connection, or plan, specification or instruction for making an 
492.25  unauthorized connection, without receiving or seeking to receive 
492.26  money or any other thing of value in exchange; 
492.27     (b) intentionally tampers with, removes, or injures any 
492.28  cable, wire, or other component of a licensed cable 
492.29  communications system as defined in chapter 238; or 
492.30     (c) intentionally and without claim of right interrupts a 
492.31  service of a licensed cable communications system as defined in 
492.32  chapter 238. 
492.33     Sec. 26.  [609I.435] [SECOND DEGREE MISDEMEANOR INTERFERING 
492.34  WITH CABLE EQUIPMENT.] 
492.35     Whoever violates section 609I.43 is guilty of a second 
492.36  degree misdemeanor. 
493.1                     WIRE OR ORAL COMMUNICATIONS 
493.2      Sec. 27.  [609I.51] [INTERCEPTING OR DISCLOSING 
493.3   COMMUNICATION.] 
493.4      Subdivision 1.  [UNLAWFUL ACTS GENERALLY.] Except as 
493.5   otherwise specifically provided in chapter 626A, whoever does 
493.6   any of the following is guilty of intercepting or disclosing 
493.7   communication and may be punished as provided in sections 
493.8   609I.513 to 609I.517: 
493.9      (a) intentionally intercepts, endeavors to intercept, or 
493.10  procures any other person to intercept or endeavor to intercept, 
493.11  any wire, electronic, or oral communication; 
493.12     (b) intentionally uses, endeavors to use, or procures any 
493.13  other person to use or endeavor to use any electronic, 
493.14  mechanical, or other device to intercept any oral communication 
493.15  when: 
493.16     (1) the device is affixed to, or otherwise transmits a 
493.17  signal through, a wire, cable, or other like connection used in 
493.18  wire communication; or 
493.19     (2) the device transmits or interferes with the 
493.20  transmission of, communications by radio; 
493.21     (c) intentionally discloses, or endeavors to disclose, to 
493.22  any other person the contents of any wire, electronic, or oral 
493.23  communication, knowing or having reason to know that the 
493.24  information was obtained through the interception of a wire, 
493.25  electronic, or oral communication in violation of this 
493.26  subdivision; or 
493.27     (d) intentionally uses, or endeavors to use, the contents 
493.28  of any wire, electronic, or oral communication, knowing or 
493.29  having reason to know that the information was obtained through 
493.30  the interception of a wire, electronic, or oral communication in 
493.31  violation of this subdivision. 
493.32     Subd. 2.  [EXEMPTIONS.] (a) It is not unlawful under this 
493.33  chapter for an operator of a switchboard, or an officer, 
493.34  employee, or agent of a provider of wire or electronic 
493.35  communication service, whose facilities are used in transmitting 
493.36  a wire communication, to intercept, disclose, or use that 
494.1   communication in the normal course of employment while engaged 
494.2   in any activity that is a necessary incident to rendering 
494.3   service or to protecting the rights or property of the provider 
494.4   of that service, except that a provider of wire communication 
494.5   service to the public shall not utilize service observing or 
494.6   random monitoring except for mechanical or service quality 
494.7   control checks. 
494.8      (b) It is not unlawful under this chapter for an officer, 
494.9   employee, or agent of the Federal Communications Commission, in 
494.10  the normal course of employment and in discharge of the 
494.11  monitoring responsibilities exercised by the commission in the 
494.12  enforcement of United States Code, title 47, chapter 5, to 
494.13  intercept a wire or electronic communication, or oral 
494.14  communication transmitted by radio, or to disclose or use the 
494.15  information thereby obtained. 
494.16     (c) It is not unlawful under this chapter for a person 
494.17  acting under color of law to intercept a wire, electronic, or 
494.18  oral communication, where the person is a party to the 
494.19  communication or one of the parties to the communication has 
494.20  given prior consent to such interception. 
494.21     (d) It is not unlawful under this chapter for a person not 
494.22  acting under color of law to intercept a wire, electronic, or 
494.23  oral communication where the person is a party to the 
494.24  communication or where one of the parties to the communication 
494.25  has given prior consent to the interception unless the 
494.26  communication is intercepted for the purpose of committing any 
494.27  criminal or tortious act in violation of the constitution or 
494.28  laws of the United States or of any state. 
494.29     (e) It is not a violation of this chapter for a person: 
494.30     (1) to intercept or access an electronic communication made 
494.31  through an electronic communication system that is configured so 
494.32  that the electronic communication is readily accessible to the 
494.33  general public; 
494.34     (2) to intercept any radio communication that is 
494.35  transmitted: 
494.36     (i) by a station for the use of the general public, or that 
495.1   relates to ships, aircraft, vehicles, or persons in distress; 
495.2      (ii) by a governmental, law enforcement, civil defense, 
495.3   private land mobile, or public safety communications system, 
495.4   including police and fire, readily accessible to the general 
495.5   public; 
495.6      (iii) by a station operating on an authorized frequency 
495.7   within the bands allocated to the amateur, citizens band, or 
495.8   general mobile radio services; or 
495.9      (iv) by a marine or aeronautical communications system; 
495.10     (3) to engage in any conduct that: 
495.11     (i) is prohibited by United States Code, title 47, section 
495.12  553; or 
495.13     (ii) is excepted from the application of United States 
495.14  Code, title 47, section 605(a), by United States Code, title 47, 
495.15  section 605(b); 
495.16     (4) to intercept a wire or electronic communication the 
495.17  transmission of which is causing harmful interference to any 
495.18  lawfully operating station or consumer electronic equipment, to 
495.19  the extent necessary to identify the source of the interference; 
495.20  or 
495.21     (5) for other users of the same frequency to intercept any 
495.22  radio communication made through a system that utilizes 
495.23  frequencies monitored by individuals engaged in providing or 
495.24  using the system, if the communication is not scrambled or 
495.25  encrypted. 
495.26     (f) It is not unlawful under this chapter: 
495.27     (1) to use a pen register or a trap and trace device; or 
495.28     (2) for a provider of electronic communication service to 
495.29  record the fact that a wire or electronic communication was 
495.30  initiated or completed in order to protect the provider, another 
495.31  provider furnishing service toward the completion of the wire or 
495.32  electronic communication, or a user of that service, from 
495.33  fraudulent, unlawful, or abusive use of the service. 
495.34     (g) It is not unlawful under this chapter for a person not 
495.35  acting under color of law to intercept the radio portion of a 
495.36  cordless telephone communication that is transmitted between the 
496.1   cordless telephone handset and the base unit if the initial 
496.2   interception of the communication was obtained inadvertently. 
496.3      Subd. 3.  [DIVULGING COMMUNICATIONS.] (a) Except as 
496.4   provided in paragraph (b), a person or entity providing an 
496.5   electronic communication service to the public must not 
496.6   intentionally divulge the contents of any communication other 
496.7   than one to the person or entity, or an agent of the person or 
496.8   entity, while in transmission on that service to a person or 
496.9   entity other than an addressee or intended recipient of the 
496.10  communication or an agent of the addressee or intended recipient.
496.11     (b) A person or entity providing electronic communication 
496.12  service to the public may divulge the contents of a 
496.13  communication: 
496.14     (1) as otherwise authorized in subdivision 2, paragraph 
496.15  (a), and section 626A.09; 
496.16     (2) with the lawful consent of the originator or any 
496.17  addressee or intended recipient of the communication; 
496.18     (3) to a person employed or authorized, or whose facilities 
496.19  are used, to forward the communication to its destination; or 
496.20     (4) that were inadvertently obtained by the service 
496.21  provider in the normal course of business if there is reason to 
496.22  believe that the communication pertains to the commission of a 
496.23  crime, if divulgence is made to a law enforcement agency. 
496.24     Subd. 4.  [EXCEPTION.] Unless the conduct is for the 
496.25  purposes of direct or indirect commercial advantage or private 
496.26  financial gain, conduct otherwise an offense under this section 
496.27  is not an offense under this section if the conduct consists of 
496.28  or relates to intercepting a satellite transmission that is not 
496.29  encrypted or scrambled and that is transmitted: 
496.30     (a) to a broadcasting station for purposes of 
496.31  retransmission to the general public; or 
496.32     (b) as an audio subcarrier intended for redistribution to 
496.33  facilities open to the public, but not including data 
496.34  transmissions or telephone calls. 
496.35     Subd. 5.  [CIVIL ACTION.] (a) If the communication is 
496.36  either of the following, then the person who engages in the 
497.1   conduct is subject to suit by the county or city attorney in 
497.2   whose jurisdiction the violation occurs: 
497.3      (1) a private satellite video communication that is not 
497.4   scrambled or encrypted and the conduct in violation of this 
497.5   section is the private viewing of that communication and is not 
497.6   for a tortious or illegal purpose or for purposes of direct or 
497.7   indirect commercial advantage or private commercial gain; or 
497.8      (2) a radio communication that is transmitted on 
497.9   frequencies allocated under Code of Federal Regulations, title 
497.10  47, part 74, subpart D, and that is not scrambled or encrypted 
497.11  and the conduct in violation of this section is not for a 
497.12  tortious or illegal purpose or for purposes of direct or 
497.13  indirect commercial advantage or private commercial gain. 
497.14     (b) In an action under this subdivision: 
497.15     (1) if the violation of this section is a first offense for 
497.16  the person under section 609I.513, and the person has not been 
497.17  found liable in a civil action under section 609I.85, the city 
497.18  or county attorney is entitled to seek appropriate injunctive 
497.19  relief; and 
497.20     (2) if the violation of this section is a second or 
497.21  subsequent offense under section 609I.513, or the person has 
497.22  been found liable in a prior civil action under section 609I.85, 
497.23  the person is subject to a mandatory $500 civil fine. 
497.24     (c) The court may use any means within its authority to 
497.25  enforce an injunction issued under paragraph (b), clause (2), 
497.26  and shall impose a civil fine of not less than $500 for each 
497.27  violation of such an injunction. 
497.28     Subd. 6.  [DISCLAIMER.] Nothing in this chapter authorizes 
497.29  conduct constituting a violation of any law of the United States.
497.30     Sec. 28.  [609I.513] [FELONY INTERCEPTING OR DISCLOSING 
497.31  COMMUNICATION.] 
497.32     Except as provided in section 609I.51, subdivision 5, 
497.33  609I.515, or 609I.517, whoever violates section 609I.51, 
497.34  subdivision 1, shall be sentenced to imprisonment for not more 
497.35  than five years or to payment of a fine of not more than 
497.36  $25,000, or both. 
498.1      Sec. 29.  [609I.515] [GROSS MISDEMEANOR INTERCEPTING OR 
498.2   DISCLOSING COMMUNICATION.] 
498.3      A person who violates section 609I.51, subdivision 1, is 
498.4   guilty of a gross misdemeanor if: 
498.5      (a) the person has not previously been convicted of 
498.6   violating section 609I.51, subdivision 1; 
498.7      (b) the violation is not for a tortious or illegal purpose 
498.8   or for purposes of direct or indirect commercial advantage or 
498.9   private commercial gain; 
498.10     (c) the wire or electronic communication is a radio 
498.11  communication that is not scrambled or encrypted; 
498.12     (d) the communication is not the radio portion of a 
498.13  cellular telephone communication, a public land mobile radio 
498.14  service communication, a cordless telephone communication 
498.15  transmitted between the cordless telephone handset and the base 
498.16  unit, or a paging service communication; and 
498.17     (e) the conduct is not that described in section 609I.51, 
498.18  subdivision 6. 
498.19     Sec. 30.  [609I.517] [INFRACTION INTERCEPTING OR DISCLOSING 
498.20  COMMUNICATION.] 
498.21     A person who violates section 609I.51, subdivision 1, is 
498.22  guilty of an infraction if: 
498.23     (a) the person has not previously been convicted of 
498.24  violating section 609I.51, subdivision 1; 
498.25     (b) the violation is not for a tortious or illegal purpose 
498.26  or for purposes of direct or indirect commercial advantage or 
498.27  private commercial gain; 
498.28     (c) the wire or electronic communication is a radio 
498.29  communication that is not scrambled or encrypted; and 
498.30     (d) the communication is the radio portion of a cellular 
498.31  telephone communication, a public land mobile radio service 
498.32  communication, a cordless telephone communication transmitted 
498.33  between the cordless telephone handset and the base unit, or a 
498.34  paging service communication. 
498.35     Sec. 31.  [609I.53] [POSSESSING OR ADVERTISING INTERCEPTING 
498.36  DEVICE.] 
499.1      Subdivision 1.  [ACTS CONSTITUTING.] Except as otherwise 
499.2   specifically provided in this chapter, whoever intentionally 
499.3   does any of the following is guilty of possessing or advertising 
499.4   an intercepting device and may be sentenced as provided in 
499.5   section 609I.535: 
499.6      (a) manufactures, assembles, possesses, or sells any 
499.7   electronic, mechanical, or other device, knowing or having 
499.8   reason to know that the design of the device renders it 
499.9   primarily useful for the purpose of the surreptitious 
499.10  interception of wire, electronic, or oral communications; 
499.11     (b) places in any newspaper, magazine, handbill, or other 
499.12  publication any advertisement of: 
499.13     (1) any electronic, mechanical, or other device knowing or 
499.14  having reason to know that the design of the device renders it 
499.15  primarily useful for the purpose of the surreptitious 
499.16  interception of wire, electronic, or oral communications; or 
499.17     (2) any other electronic, mechanical, or other device, 
499.18  where such advertisement promotes the use of such device for the 
499.19  purposes of the surreptitious interception of wire, electronic, 
499.20  or oral communications. 
499.21     Subd. 2.  [EXEMPTION.] It is not unlawful under this 
499.22  section for either of the following to manufacture, assemble, 
499.23  possess, or sell any electronic, mechanical, or other device 
499.24  knowing or having reason to know that the design of the device 
499.25  renders it primarily useful for the purpose of the surreptitious 
499.26  interception of wire, electronic, or oral communication: 
499.27     (a) a provider of wire or electronic communication service 
499.28  or an officer, agent, or employee of, or a person under contract 
499.29  with, a provider, in the normal course of the business of 
499.30  providing that wire or electronic communication service; or 
499.31     (b) an officer, agent, or employee of, or a person under 
499.32  contract with, the United States, a state, or a political 
499.33  subdivision thereof, in the normal course of the activities of 
499.34  the United States, a state, or a political subdivision thereof. 
499.35     Sec. 32.  [609I.535] [FELONY POSSESSING OR ADVERTISING 
499.36  INTERCEPTING DEVICE.] 
500.1      Whoever violates section 609I.53 may be sentenced to 
500.2   imprisonment for not more than five years or payment of a fine 
500.3   of $25,000, or both. 
500.4                          ELECTRONIC STORAGE 
500.5      Sec. 33.  [609I.61] [UNLAWFUL ACCESS TO ELECTRONIC 
500.6   STORAGE.] 
500.7      Subdivision 1.  [ACTS CONSTITUTING.] Except as provided in 
500.8   subdivision 2, whoever does either of the following is guilty of 
500.9   unlawful access to electronic storage and may be sentenced as 
500.10  provided in sections 609I.613 to 609I.617: 
500.11     (a) intentionally accesses without authorization a facility 
500.12  through which an electronic communication service is provided; 
500.13  or 
500.14     (b) intentionally exceeds an authorization to access that 
500.15  facility; and thereby obtains, alters, or prevents authorized 
500.16  access to a wire or electronic communication while it is in the 
500.17  electronic storage in a system must be punished as provided in 
500.18  subdivision 2. 
500.19     Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply with 
500.20  respect to conduct authorized: 
500.21     (a) by the person or entity providing a wire or electronic 
500.22  communication service; 
500.23     (b) by a user of that service with respect to a 
500.24  communication of or intended for that user; or 
500.25     (c) in sections 626A.05 to 626A.09, 626A.28, or 626A.29. 
500.26     Sec. 34.  [609I.613] [FELONY UNLAWFUL ACCESS TO ELECTRONIC 
500.27  STORAGE.] 
500.28     Whoever violates section 609I.61 for purposes of commercial 
500.29  advantage, malicious destruction or damage, or private 
500.30  commercial gain, after having been convicted of a previous 
500.31  violation of the same section for purposes of commercial 
500.32  advantage, malicious destruction or damage, or private 
500.33  commercial gain, may be sentenced to imprisonment for not more 
500.34  than two years or to payment of a fine of not more than 
500.35  $250,000, or both. 
500.36     Sec. 35.  [609I.615] [GROSS MISDEMEANOR UNLAWFUL ACCESS TO 
501.1   ELECTRONIC STORAGE.] 
501.2      Whoever violates section 609I.61 for purposes of commercial 
501.3   advantage, malicious destruction or damage, or private 
501.4   commercial gain may be sentenced to incarceration for not more 
501.5   than one year or payment of a fine of not more than $250,000, or 
501.6   both. 
501.7      Sec. 36.  [609I.617] [FIRST DEGREE MISDEMEANOR UNLAWFUL 
501.8   ACCESS TO ELECTRONIC STORAGE.] 
501.9      Except as provided in section 609I.613 or 609I.615, whoever 
501.10  violates section 609I.61 may be sentenced to incarceration for 
501.11  not more than six months or to payment of a fine of not more 
501.12  than $5,000, or both. 
501.13           PEN REGISTER, TRAP AND TRACE DEVICE, OR MOBILE 
501.14                          TRACKING DEVICE 
501.15     Sec. 37.  [609I.71] [UNLAWFULLY INSTALLING DEVICE.] 
501.16     Subdivision 1.  [IN GENERAL.] Except as provided in this 
501.17  section, no person may install or use a pen register, trap and 
501.18  trace device, or mobile tracking device without first obtaining 
501.19  a court order under section 626A.37. 
501.20     Subd. 2.  [EXCEPTION REGARDING PEN REGISTER OR TRAP AND 
501.21  TRACE DEVICE.] The prohibition of subdivision 1 does not apply 
501.22  with respect to the use of a pen register or a trap and trace 
501.23  device by a provider of electronic or wire communication service:
501.24     (a) relating to the operation, maintenance, and testing of 
501.25  a wire or electronic communication service or to the protection 
501.26  of the rights or property of the provider, or to the protection 
501.27  of users of that service from abuse of service or unlawful use 
501.28  of service; or 
501.29     (b) to record the fact that a wire or electronic 
501.30  communication was initiated or completed in order to protect the 
501.31  provider, another provider furnishing service toward the 
501.32  completion of the wire communication, or a user of that service, 
501.33  from fraudulent, unlawful, or abusive use of service; or 
501.34     (c) where the consent of the user of that service has been 
501.35  obtained. 
501.36     Subd. 3.  [EXCEPTION REGARDING MOBILE TRACKING DEVICE.] The 
502.1   prohibition of subdivision 1 does not apply to the use of a 
502.2   mobile tracking device where the consent of the owner of the 
502.3   object to which the mobile tracking device is to be attached has 
502.4   been obtained. 
502.5      Subd. 4.  [CIVIL ACTION.] A person who is harmed by a 
502.6   violation of this section or sections 626A.36 to 626A.39 may 
502.7   bring a civil action against the person who violated these 
502.8   sections for damages and other appropriate relief, including: 
502.9      (a) preliminary and equitable or declaratory relief; and 
502.10     (b) reasonable costs and attorney fees. 
502.11     Subd. 5.  [LIMITATION.] An action under this section must 
502.12  be commenced within two years after: 
502.13     (a) the occurrence of the violation; or 
502.14     (b) the date upon which the claimant first had a reasonable 
502.15  opportunity to discover the violation. 
502.16     Subd. 6.  [DEFENSES.] Either of the following is a complete 
502.17  defense against any civil or criminal action brought under this 
502.18  section or sections 626A.36 to 626A.39: 
502.19     (a) a good faith reliance on a court warrant or order, a 
502.20  grand jury subpoena, or a statutory authorization; or 
502.21     (b) a good faith reliance on a request of an investigative 
502.22  or law enforcement officer under United States Code, title 18, 
502.23  section 2518(7). 
502.24     Sec. 38.  [609I.715] [GROSS MISDEMEANOR UNLAWFULLY 
502.25  INSTALLING DEVICE.] 
502.26     Whoever knowingly violates section 609I.71 is guilty of a 
502.27  gross misdemeanor. 
502.28                            CIVIL ACTION 
502.29     Sec. 39.  [609I.81] [INJUNCTION AGAINST ILLEGAL 
502.30  INTERCEPTION.] 
502.31     Whenever it appears that a person is engaged or is about to 
502.32  engage in an act that constitutes or will constitute a felony 
502.33  violation of sections 609I.51 to 609I.61, the attorney general 
502.34  or a county attorney may initiate a civil action in district 
502.35  court to enjoin the violation.  The court shall proceed as soon 
502.36  as practicable to the hearing and determination of the civil 
503.1   action, and may, at any time before final determination, enter a 
503.2   restraining order or prohibition, or take other action, as is 
503.3   warranted to prevent a continuing and substantial injury to the 
503.4   state, any of its subdivisions, or to a person or class of 
503.5   persons for whose protection the action is brought.  A 
503.6   proceeding under this section is governed by the rules of civil 
503.7   procedure, except that, if the defendant has been charged with 
503.8   the felony, discovery against that defendant is governed by the 
503.9   rules of criminal procedure. 
503.10     Sec. 40.  [609I.83] [CIVIL ACTION.] 
503.11     Subdivision 1.  [IN GENERAL.] Except as provided in section 
503.12  626A.28, subdivision 5, a provider of electronic communication 
503.13  service, subscriber, or customer aggrieved by a violation of 
503.14  chapter 626A or sections 609I.51 to 609I.87 in which the conduct 
503.15  constituting the violation is engaged in with a knowing or 
503.16  intentional state of mind may, in a civil action, recover from 
503.17  the person or entity that engaged in that violation relief as 
503.18  may be appropriate. 
503.19     Subd. 2.  [RELIEF.] In a civil action under this section, 
503.20  appropriate relief includes: 
503.21     (a) temporary and other equitable or declaratory relief as 
503.22  may be appropriate; 
503.23     (b) damages under subdivision 3; and 
503.24     (c) a reasonable attorney's fee and other litigation costs 
503.25  reasonably incurred. 
503.26     Subd. 3.  [DAMAGES.] The court may assess as damages in a 
503.27  civil action under this section the sum of the actual damages 
503.28  suffered by the plaintiff and any profits made by the violator 
503.29  as a result of the violation, but in no case is a person 
503.30  entitled to recover to receive less than the sum of $1,000. 
503.31     Subd. 4.  [DEFENSE.] A good faith reliance on either of the 
503.32  following is a complete defense to a civil or criminal action 
503.33  brought under sections 626A.26 to 626A.34 or any other law: 
503.34     (a) a court warrant or order, a grand jury subpoena, a 
503.35  legislative authorization, or a statutory authorization; or 
503.36     (b) a good faith determination that section 626A.02, 
504.1   subdivision 3, permitted the conduct complained of. 
504.2      Subd. 5.  [LIMITATION.] A civil action under this section 
504.3   may not be commenced later than two years after the date upon 
504.4   which the claimant first discovered or had a reasonable 
504.5   opportunity to discover the violation. 
504.6      Sec. 41.  [609I.85] [OTHER CIVIL REMEDIES.] 
504.7      Subdivision 1.  [IN GENERAL.] Except as provided in United 
504.8   States Code, title 18, section 2511 (2)(a)(ii), a person whose 
504.9   wire, oral, or electronic communication is intercepted, 
504.10  disclosed, or intentionally used in violation of chapter 626A or 
504.11  sections 609I.51 to 609I.87 may in a civil action recover from 
504.12  the person or entity that engaged in that violation relief as 
504.13  may be appropriate. 
504.14     Subd. 2.  [RELIEF.] In an action under this section, 
504.15  appropriate relief includes: 
504.16     (a) temporary and other equitable or declaratory relief as 
504.17  may be appropriate; 
504.18     (b) damages under subdivision 3 and punitive damages in 
504.19  appropriate cases; and 
504.20     (c) a reasonable attorney's fee and other litigation costs 
504.21  reasonably incurred. 
504.22     Subd. 3.  [COMPUTATION OF DAMAGES.] (a) In an action under 
504.23  this section, if the conduct in violation of chapter 626A or 
504.24  sections 609I.51 to 609I.87 is the private viewing of a private 
504.25  satellite video communication that is not scrambled or encrypted 
504.26  or if the communication is a radio communication that is 
504.27  transmitted on frequencies allocated under Code of Federal 
504.28  Regulations, title 47, part 74, subpart D, and that is not 
504.29  scrambled or encrypted and the conduct is not for a tortious or 
504.30  illegal purpose or for purposes of direct or indirect commercial 
504.31  advantage or private commercial gain, then the court shall 
504.32  assess damages as follows: 
504.33     (1) If the person who engaged in that conduct has not 
504.34  previously been enjoined under section 626A.02, subdivision 5, 
504.35  and has not been found liable in a prior civil action under this 
504.36  section, the court shall assess the greater of the sum of actual 
505.1   damages suffered by the plaintiff, or statutory damages of not 
505.2   less than $50 and not more than $500. 
505.3      (2) If, on one prior occasion, the person who engaged in 
505.4   that conduct has been enjoined under section 626A.02, 
505.5   subdivision 5, or has been found liable in a civil action under 
505.6   this section, the court shall assess the greater of the sum of 
505.7   actual damages suffered by the plaintiff, or statutory damages 
505.8   of not less than $100 and not more than $1,000. 
505.9      (b) In any other action under this section, the court may 
505.10  assess as damages whichever is the greater of: 
505.11     (1) the sum of three times the actual damages suffered by 
505.12  the plaintiff and any profits made by the violator as a result 
505.13  of the violation; or 
505.14     (2) statutory damages of whichever is the greater of $100 a 
505.15  day for each day of violation or $10,000. 
505.16     Subd. 4.  [DEFENSE.] A good faith reliance on any of the 
505.17  following is a complete defense against any civil or criminal 
505.18  action brought under sections 609I.51 to 609I.87, chapter 626A, 
505.19  or any other law: 
505.20     (a) a court warrant or order, a grand jury subpoena, a 
505.21  legislative authorization, or a statutory authorization; 
505.22     (b) a request of an investigative or law enforcement 
505.23  officer under United States Code, title 18, section 2518(7); or 
505.24     (c) a good faith determination that section 626A.02, 
505.25  subdivision 3, permitted the conduct complained of. 
505.26     Subd. 5.  [LIMITATION.] A civil action under this section 
505.27  may not be begun later than two years after the date upon which 
505.28  the claimant first has a reasonable opportunity to discover the 
505.29  violation. 
505.30     Sec. 42.  [609I.87] [SUSPENSION OR REVOCATION OF LICENSES.] 
505.31     On the conviction of any person of the violation of any 
505.32  provision of chapter 626A or sections 609I.51 to 609I.87, a copy 
505.33  of the judgment and sentence, and of the opinion of the court, 
505.34  if any opinion be filed, shall be sent by the court 
505.35  administrator to the board or officer, if any, by whom the 
505.36  convicted defendant has been licensed or registered to practice 
506.1   a profession or to carry on a business.  On the conviction of 
506.2   any such person, such board or officer may, in its discretion, 
506.3   suspend or revoke the license or registration of the convicted 
506.4   defendant to practice a profession or to carry on a business.  
506.5   On the application of any person whose license or registration 
506.6   has been suspended or revoked, and upon proper showing and for 
506.7   good cause the board or officer may, in its discretion, 
506.8   reinstate such license or registration. 
506.9      Sec. 43.  [609I.89] [EXCLUSIVITY OF REMEDIES.] 
506.10     The remedies and sanctions described in sections 609I.61, 
506.11  609I.83, and 626A.27 to 626A.34, are the only judicial remedies 
506.12  and sanctions for nonconstitutional violations of those sections.
506.13                             ARTICLE 13 
506.14       CRIMES AGAINST PUBLIC HEALTH, SAFETY, AND TRANQUILITY 
506.15                  CRIMES RELATING TO PUBLIC ORDER 
506.16     Section 1.  [609J.05] [RIOT.] 
506.17     When three or more persons assembled disturb the public 
506.18  peace by an intentional act or threat of unlawful force or 
506.19  violence to person or property, each participant is guilty of 
506.20  riot and may be sentenced as provided in sections 609J.053 to 
506.21  609J.057.  
506.22     Sec. 2.  [609J.053] [FIRST DEGREE FELONY RIOT.] 
506.23     A person who violates section 609J.05 may be sentenced to 
506.24  imprisonment for not more than 20 years or to payment of a fine 
506.25  of not more than $40,000, or both, if the person is armed with a 
506.26  dangerous weapon and a death results.  
506.27     Sec. 3.  [609J.055] [SECOND DEGREE FELONY RIOT.] 
506.28     Except as provided in section 609J.053, a person who 
506.29  violates section 609J.05 may be sentenced to imprisonment for 
506.30  not more than five years or to payment of a fine of not more 
506.31  than $10,000, or both, if the person: 
506.32     (a) is armed with a dangerous weapon; or 
506.33     (b) knows that any other participant is armed with a 
506.34  dangerous weapon.  
506.35     Sec. 4.  [609J.057] [GROSS MISDEMEANOR RIOT.] 
506.36     Except as provided in section 609J.053 or 609J.055, a 
507.1   person who violates section 609J.05 is guilty of a gross 
507.2   misdemeanor.  
507.3      Sec. 5.  [609J.07] [UNLAWFUL ASSEMBLY.] 
507.4      When three or more persons assemble, each participant is 
507.5   guilty of unlawful assembly and may be sentenced as provided in 
507.6   section 609J.075, if the assembly is: 
507.7      (a) with intent to commit any unlawful act by force; 
507.8      (b) with intent to carry out any purpose in such manner as 
507.9   will disturb or threaten the public peace; or 
507.10     (c) without unlawful purpose, but the participants so 
507.11  conduct themselves in a disorderly manner as to disturb or 
507.12  threaten the public peace. 
507.13     Sec. 6.  [609J.075] [THIRD DEGREE MISDEMEANOR UNLAWFUL 
507.14  ASSEMBLY.] 
507.15     Whoever violates section 609J.07 is guilty of a third 
507.16  degree misdemeanor.  
507.17     Sec. 7.  [609J.09] [PRESENCE AT UNLAWFUL ASSEMBLY.] 
507.18     Whoever without lawful purpose is present at the place of 
507.19  an unlawful assembly and refuses to leave when so directed by a 
507.20  law enforcement officer is guilty of presence at unlawful 
507.21  assembly and may be sentenced as provided in section 609J.095. 
507.22     Sec. 8.  [609J.095] [THIRD DEGREE MISDEMEANOR PRESENCE AT 
507.23  UNLAWFUL ASSEMBLY.] 
507.24     Whoever violates section 609J.09 is guilty of a third 
507.25  degree misdemeanor. 
507.26     Sec. 9.  [609J.11] [ARMED ASSOCIATION.] 
507.27     Subdivision 1.  [ACTS CONSTITUTING.] Whoever, other than 
507.28  the national guard, troops of the United States and, with the 
507.29  consent of the governor, sons and daughters of veterans and 
507.30  cadets of educational institutions where military science is 
507.31  taught, associates themselves together as a military company 
507.32  with arms is guilty of armed association and may be sentenced as 
507.33  provided in section 609J.115. 
507.34     Subd. 2.  [EXEMPTION.] Members of social and benevolent 
507.35  organizations are not prohibited from wearing swords.  
507.36     Sec. 10.  [609J.115] [SECOND DEGREE MISDEMEANOR ARMED 
508.1   ASSOCIATION.] 
508.2      Whoever violates section 609J.11 is guilty of a second 
508.3   degree misdemeanor. 
508.4                          PUBLIC MISCONDUCT 
508.5      Sec. 11.  [609J.15] [DISORDERLY CONDUCT.] 
508.6      Subdivision 1.  [ACTS CONSTITUTING.] Whoever does any of 
508.7   the following in a public or private place, including on a 
508.8   school bus, knowing, or having reasonable grounds to know that 
508.9   it will, or will tend to, alarm, anger, or disturb others or 
508.10  provoke an assault or breach of the peace, is guilty of 
508.11  disorderly conduct and may be sentenced as provided in section 
508.12  609J.153 or 609J.155: 
508.13     (a) engages in brawling or fighting; 
508.14     (b) disturbs an assembly or meeting, not unlawful in its 
508.15  character; or 
508.16     (c) engages in offensive, obscene, abusive, boisterous, or 
508.17  noisy conduct or in offensive, obscene, or abusive language 
508.18  tending reasonably to arouse alarm, anger, or resentment in 
508.19  others. 
508.20     Subd. 2.  [EXCEPTION.] A person does not violate this 
508.21  section if the person's disorderly conduct is caused by an 
508.22  epileptic seizure. 
508.23     Sec. 12.  [609J.153] [FIRST DEGREE MISDEMEANOR DISORDERLY 
508.24  CONDUCT.] 
508.25     A vulnerable-adult caregiver who violates section 609J.15 
508.26  against a vulnerable adult is guilty of a first degree 
508.27  misdemeanor.  
508.28     Sec. 13.  [609J.155] [THIRD DEGREE MISDEMEANOR DISORDERLY 
508.29  CONDUCT.] 
508.30     Except as provided in section 609J.153, whoever violates 
508.31  section 609J.15 is guilty of a third degree misdemeanor.  
508.32     Sec. 14.  [609J.17] [UNLAWFULLY DEPOSITING GARBAGE OR 
508.33  LITTER.] 
508.34     Whoever unlawfully deposits garbage, rubbish, offal, or the 
508.35  body of a dead animal, or other litter in or upon any public 
508.36  waters or the ice thereon, shoreland areas adjacent to rivers or 
509.1   streams as defined by section 103F.205, public lands, or, 
509.2   without the consent of the owner, private lands or water or ice 
509.3   thereon, is guilty of unlawfully depositing garbage, litter, or 
509.4   the like and may be sentenced as provided in section 609J.175. 
509.5      Sec. 15.  [609J.175] [SECOND DEGREE MISDEMEANOR UNLAWFULLY 
509.6   DEPOSITING GARBAGE OR LITTER.] 
509.7      Whoever violates section 609J.17 is guilty of a second 
509.8   degree misdemeanor.  
509.9      Sec. 16.  [609J.19] [LOITERING.] 
509.10     A person is guilty of loitering and may be punished as 
509.11  provided in section 609J.195 if the person:  
509.12     (a) loiters on the streets, in a public place, or in a 
509.13  place open to the public with intent to solicit or accept a 
509.14  solicitation of prostitution; or 
509.15     (b) loiters in or near any structure, vehicle, or private 
509.16  grounds with intent to commit a crime. 
509.17     Sec. 17.  [609J.195] [THIRD DEGREE MISDEMEANOR LOITERING.] 
509.18     Whoever violates section 609J.19 is guilty of a third 
509.19  degree misdemeanor. 
509.20                DISORDERLY HOUSE AND PUBLIC NUISANCE 
509.21     Sec. 18.  [609J.21] [OWNING OR OPERATING DISORDERLY HOUSE.] 
509.22     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does either of 
509.23  the following is guilty of owning or operating a disorderly 
509.24  house and may be sentenced as provided in section 609J.215: 
509.25     (a) owns, leases, operates, manages, maintains, or conducts 
509.26  a disorderly house; or 
509.27     (b) invites or attempts to invite others to visit or remain 
509.28  in the disorderly house.  
509.29     Subd. 2.  [MANDATORY MINIMUM PENALTIES.] (a) If a person is 
509.30  convicted of a first violation of subdivision 1, in addition to 
509.31  any sentence of incarceration that the court may impose, the 
509.32  court shall impose a fine of not less than $300. 
509.33     (b) If a person violates subdivision 1 after a previous 
509.34  conviction under that provision, in addition to any sentence of 
509.35  incarceration that the court may impose, the court shall impose 
509.36  a fine of not less than $500. 
510.1      (c) If a person violates subdivision 1 after two previous 
510.2   convictions under that provision, in addition to any sentence of 
510.3   incarceration that the court may impose, the court shall impose 
510.4   a fine of not less than $1,000.  
510.5      Subd. 3.  [EVIDENCE.] Evidence of unlawful sales of 
510.6   intoxicating liquor or 3.2 percent malt liquor, of unlawful 
510.7   possession or sale of controlled substances, of prostitution or 
510.8   acts relating to prostitution, or of gambling or acts relating 
510.9   to gambling, is prima facie evidence of the existence of a 
510.10  disorderly house.  Evidence of sales of intoxicating liquor or 
510.11  3.2 percent malt liquor between the hours of 1:00 a.m. and 8:00 
510.12  a.m., while a person is within a disorderly house, is prima 
510.13  facie evidence that the person knew it to be a disorderly house. 
510.14     Subd. 4.  [LOCAL REGULATION.] This section does not 
510.15  prohibit or restrict a local governmental unit from imposing 
510.16  more restrictive provisions. 
510.17     Subd. 5.  [PRETRIAL RELEASE.] When a person is charged 
510.18  under this section with owning or leasing a disorderly house, 
510.19  the court may require as a condition of pretrial release that 
510.20  the defendant bring an unlawful detainer action against a lessee 
510.21  who has violated the covenant not to allow drugs established by 
510.22  section 504.181.  
510.23     Sec. 19.  [609J.213] [GROSS MISDEMEANOR OWNING OR OPERATING 
510.24  DISORDERLY HOUSE.] 
510.25     Whoever violates section 609J.21 is guilty of a gross 
510.26  misdemeanor, if the disorderly house is one in which actions or 
510.27  conduct habitually occur in violation of laws relating to 
510.28  prostitution, acts relating to prostitution, or the sale or 
510.29  possession of controlled substances.  
510.30     Sec. 20.  [609J.215] [FIRST DEGREE MISDEMEANOR OWNING OR 
510.31  OPERATING DISORDERLY HOUSE.] 
510.32     Except as provided in section 609J.213, whoever violates 
510.33  section 609J.21 is guilty of a first degree misdemeanor.  
510.34     Sec. 21.  [609J.23] [MAINTAINING PUBLIC NUISANCE.] 
510.35     Whoever, by an act or failure to perform a legal duty, 
510.36  intentionally does any of the following is guilty of maintaining 
511.1   a public nuisance and may be sentenced as provided in section 
511.2   609J.235: 
511.3      (a) maintains or permits a condition that unreasonably 
511.4   annoys, injures, or endangers the safety, health, morals, 
511.5   comfort, or repose of any considerable number of members of the 
511.6   public; 
511.7      (b) interferes with, obstructs, or renders dangerous for 
511.8   passage, any public highway or right-of-way, or waters used by 
511.9   the public; or 
511.10     (c) is guilty of any other act or omission declared by law 
511.11  to be a public nuisance and for which no sentence is 
511.12  specifically provided. 
511.13     Sec. 22.  [609J.235] [THIRD DEGREE MISDEMEANOR MAINTAINING 
511.14  PUBLIC NUISANCE.] 
511.15     Whoever violates section 609J.23 is guilty of a third 
511.16  degree misdemeanor.  
511.17     Sec. 23.  [609J.25] [PERMITTING PUBLIC NUISANCE.] 
511.18     Whoever, having control of real property, permits it to be 
511.19  used to maintain a public nuisance or lets the same knowing it 
511.20  will be so used is guilty of permitting public nuisance and may 
511.21  be sentenced as provided in section 609J.255.  
511.22     Sec. 24.  [609J.255] [THIRD DEGREE MISDEMEANOR PERMITTING 
511.23  PUBLIC NUISANCE.] 
511.24     Whoever violates section 609J.25 is guilty of a third 
511.25  degree misdemeanor. 
511.26     Sec. 25.  [609J.27] [INJUNCTION.] 
511.27     Subdivision 1.  [SPECIAL DEFINITIONS.] For purposes of this 
511.28  section, unless the language or context clearly indicates that a 
511.29  different meaning is intended: 
511.30     (a) "Building" means a structure suitable for human 
511.31  shelter, a commercial structure that is maintained for business 
511.32  activities that involve human occupation, any portion of the 
511.33  structure, or the land surrounding the structure.  If the 
511.34  building is a multiunit dwelling, a hotel or motel, or a 
511.35  commercial or office building, the term "building" means only 
511.36  the portion of the building within or outside the structure in 
512.1   which a nuisance is maintained or permitted, such as a dwelling 
512.2   unit, room, suite of rooms, office, common area, storage area, 
512.3   garage, or parking area. 
512.4      (b) "Gambling" or "gambling-related activity" means conduct 
512.5   that would violate section 609L.93. 
512.6      (c) "Interested party" means any known lessee or tenant of 
512.7   a building or affected portion of a building; any known agent of 
512.8   an owner, lessee, or tenant; or any other person who maintains 
512.9   or permits a nuisance and is known to the city attorney, county 
512.10  attorney, or attorney general. 
512.11     (d) "Movable property" means furniture and fixtures. 
512.12     (e) "Owner" means the person in whose name the building or 
512.13  affected portion is recorded with the county auditor for 
512.14  taxation purposes. 
512.15     (f) "Prosecuting attorney" means the attorney general, 
512.16  county attorney, city attorney, or attorney serving the 
512.17  jurisdiction where the nuisance is located. 
512.18     (g) "Prostitution" or "prostitution-related activity" means 
512.19  conduct that would violate sections 609L.11 to 609L.235. 
512.20     Subd. 2.  [ACTS JUSTIFYING INJUNCTION.] For purposes of 
512.21  this section, a public nuisance exists upon proof of two or more 
512.22  separate behavioral incidents of one or more of the following, 
512.23  committed within the previous 12 months within the building, or 
512.24  if the building contains more than one rental unit and the 
512.25  incident occurs within a single rental unit or within two or 
512.26  more rental units leased or controlled by the same person: 
512.27     (a) prostitution or prostitution-related activity committed 
512.28  within the building; 
512.29     (b) gambling or gambling-related activity committed within 
512.30  the building; 
512.31     (c) keeping or permitting a disorderly house within the 
512.32  building; 
512.33     (d) unlawful sale, possession, storage, delivery, giving, 
512.34  manufacture, cultivation, or use of controlled substances 
512.35  committed within the building; 
512.36     (e) unlicensed sales of alcoholic beverages committed 
513.1   within the building in violation of section 340A.401; 
513.2      (f) unlawful sales or gifts of alcoholic beverages by an 
513.3   unlicensed person committed within the building in violation of 
513.4   section 340A.503, subdivision 2, clause (1); or 
513.5      (g) unlawful use or possession of a firearm in violation of 
513.6   section 609E.31 (reckless use of weapon), 609E.61 (machine gun 
513.7   or short-barreled shotgun), or 609E.82 (certain person 
513.8   possessing firearm), committed within the building.  
513.9      Subd. 3.  [INJUNCTION.] In order to obtain a temporary 
513.10  injunction under subdivision 4 or a permanent injunction or 
513.11  order of abatement under subdivision 5, the provisions of this 
513.12  section must be followed. 
513.13     Subd. 4.  [TEMPORARY INJUNCTION.] Whenever a prosecuting 
513.14  attorney has cause to believe that a nuisance described in 
513.15  subdivision 2, exists within the jurisdiction the attorney 
513.16  serves, the prosecuting attorney may by verified petition seek a 
513.17  temporary injunction in district court in the county in which 
513.18  the alleged public nuisance exists, provided that at least 30 
513.19  days have expired after service of the notice required under 
513.20  subdivision 7.  No temporary injunction may be issued without a 
513.21  prior show cause notice of hearing to the respondents named in 
513.22  the petition and an opportunity for the respondents to be 
513.23  heard.  Upon proof of a nuisance described in subdivision 2, the 
513.24  court shall issue a temporary injunction.  Any temporary 
513.25  injunction issued must describe the conduct to be enjoined.  
513.26     Subd. 5.  [PERMANENT INJUNCTION.] Upon proof of a nuisance 
513.27  described in subdivision 2, the court shall issue a permanent 
513.28  injunction and enter an order of abatement.  The permanent 
513.29  injunction must describe the conduct permanently enjoined.  The 
513.30  order of abatement must direct the closing of the building or a 
513.31  portion of it for one year, except as otherwise provided in 
513.32  subdivision 8 or 9, unless sooner released pursuant to 
513.33  subdivision 11.  Before an abatement order is enforced against a 
513.34  building or portion of it, the owner must be served with the 
513.35  abatement order and a notice of the right to file a motion under 
513.36  subdivision 9 in the same manner that a summons is served under 
514.1   the rules of civil procedure.  A copy of the abatement order 
514.2   shall also be posted in a conspicuous place on the building or 
514.3   affected portion.  
514.4      Subd. 6.  [PROOF.] Proof of a nuisance exists if each of 
514.5   the elements of the conduct constituting the nuisance is 
514.6   established by clear and convincing evidence.  
514.7      Subd. 7.  [NOTICE.] (a) If a prosecuting attorney has 
514.8   reason to believe that a nuisance is maintained or permitted in 
514.9   the jurisdiction the prosecuting attorney serves, and intends to 
514.10  seek abatement of the nuisance, the prosecuting attorney shall 
514.11  provide the written notice described in paragraph (b), by 
514.12  personal service or certified mail, return receipt requested, to 
514.13  the owner and all interested parties known to the prosecuting 
514.14  attorney. 
514.15     (b) The written notice must: 
514.16     (1) state that a nuisance as defined in subdivision 2 is 
514.17  maintained or permitted in the building and must specify the 
514.18  kind or kinds of nuisance being maintained or permitted; 
514.19     (2) summarize the evidence that a nuisance is maintained or 
514.20  permitted in the building, including the dates on which 
514.21  nuisance-related activities are alleged to have occurred; 
514.22     (3) inform the recipient that failure to abate the conduct 
514.23  constituting the nuisance or to otherwise resolve the matter 
514.24  with the prosecuting attorney within 30 days after service of 
514.25  the notice may result in the filing of a complaint for relief in 
514.26  district court that could, among other remedies, result in 
514.27  enjoining the use of the building for any purpose for one year 
514.28  or, in the case of a tenant, could result in cancellation of the 
514.29  lease; and 
514.30     (4) inform the owner of the options available under 
514.31  subdivision 9. 
514.32     Subd. 8.  [REMOVAL OF MOVABLE PROPERTY.] The order of 
514.33  abatement may direct the removal of movable property used in 
514.34  conducting or maintaining the nuisance and direct the sale of 
514.35  property belonging to a respondent who was notified or appeared. 
514.36  The sale shall be conducted pursuant to the provisions of 
515.1   chapter 550 on the sale of property on execution.  A person 
515.2   appointed by the court as receiver of the building may use a 
515.3   building or portion of it that is the subject of an abatement 
515.4   order in a manner approved by the court.  Costs of the sale on 
515.5   execution, moving and storage fees, and any receivership must be 
515.6   paid out of the receipts from the sale of the movable property 
515.7   or any rents collected during the receivership.  The balance 
515.8   from the sale of movable property must be paid to the owner of 
515.9   the property.  The balance from any rents collected during any 
515.10  receivership shall be paid to the treasury of the unit of 
515.11  government which brought the abatement action.  
515.12     Subd. 9.  [MOTION TO CANCEL LEASE.] (a) Where notice is 
515.13  provided under subdivision 7 that an abatement of a nuisance is 
515.14  sought and the circumstances that are the basis for the 
515.15  requested abatement involved the acts of a commercial or 
515.16  residential tenant or lessee of part or all of a building, the 
515.17  owner of a building that is subject to the abatement proceeding 
515.18  may file before the court that has jurisdiction over the 
515.19  abatement proceeding a motion to cancel the lease or otherwise 
515.20  secure restitution of the premises from the tenant or lessee who 
515.21  has maintained or conducted the nuisance.  The owner may assign 
515.22  to the prosecuting attorney the right to file this motion.  In 
515.23  addition to the grounds provided in chapter 566, the maintaining 
515.24  or conducting of a nuisance as defined in subdivision 2, by a 
515.25  tenant or lessee, is an additional ground authorized by law for 
515.26  seeking the cancellation of a lease or the restitution of the 
515.27  premises.  It is no defense to a motion under this section by 
515.28  the owner or the prosecuting attorney that the lease or other 
515.29  agreement controlling the tenancy or leasehold does not provide 
515.30  for eviction or cancellation of the lease upon the ground 
515.31  provided in this section. 
515.32     (b) Upon a finding by the court that the tenant or lessee 
515.33  has maintained or conducted a nuisance in any portion of the 
515.34  building, the court shall order cancellation of the lease or 
515.35  tenancy and grant restitution of the premises to the owner.  The 
515.36  court must not order abatement of the premises if the court: 
516.1      (1) cancels a lease or tenancy and grants restitution of 
516.2   that portion of the premises to the owner; and 
516.3      (2) further finds that the acts constituting the nuisance 
516.4   as defined in subdivision 2 were committed by the tenant or 
516.5   lessee whose lease or tenancy has been canceled pursuant to this 
516.6   section and the tenant or lessee was not committing the acts in 
516.7   conjunction with or under the control of the building owner. 
516.8      Subd. 10.  [CONTEMPT.] Whoever violates a temporary 
516.9   injunction, permanent injunction, or abatement order granted 
516.10  under this section may be adjudged in contempt of court. 
516.11     Subd. 11.  [RELEASE OF PROPERTY.] If, after an order of 
516.12  abatement has been entered, the owner appears and pays the costs 
516.13  of the action and files a bond in an amount determined by the 
516.14  court, but not to exceed $50,000, conditioned that the owner 
516.15  will immediately abate the nuisance for a period of one year, 
516.16  the court may, if satisfied of the owner's good faith, order the 
516.17  release of the building or portion of it which is subject to the 
516.18  order of abatement.  If the premises are released, for each day 
516.19  during the term of the bond that the owner knowingly permits any 
516.20  part of the premises to be used for any activity which was the 
516.21  basis of the abatement order, the owner shall forfeit $1,000 
516.22  under the bond.  Forfeiture under the bond does not relieve the 
516.23  owner from prosecution for contempt.  Release of the property 
516.24  pursuant to this section does not release it from an injunction 
516.25  issued under subdivision 5 or any other judgment, penalty, lien, 
516.26  or liability to which it may be subject by law. 
516.27          CRIMES RELATING TO TRANSIT SERVICE AND RAILROAD 
516.28     Sec. 26.  [609J.31] [INTERFERING WITH TRANSIT OPERATOR.] 
516.29     Whoever does either of the following is guilty of 
516.30  interfering with transit operator and may be sentenced as 
516.31  provided in section 609J.313 or 609J.315: 
516.32     (1) intentionally commits an act that interferes with or 
516.33  obstructs, or tends to interfere with or obstruct, the operation 
516.34  of a transit vehicle; or 
516.35     (2) commits an act on a transit vehicle that distracts the 
516.36  driver from the safe operation of the vehicle or that endangers 
517.1   passengers after an authorized transit representative has 
517.2   clearly warned the person once to stop the act. 
517.3      Sec. 27.  [609J.313] [FELONY INTERFERING WITH TRANSIT 
517.4   OPERATOR.] 
517.5      Whoever violates section 609J.31 may be sentenced to 
517.6   imprisonment for not more than three years or to payment of a 
517.7   fine of not more than $6,000, or both, if the violation was 
517.8   accompanied by force or violence or a communication of a threat 
517.9   of force or violence. 
517.10     Sec. 28.  [609J.315] [SECOND DEGREE MISDEMEANOR INTERFERING 
517.11  WITH TRANSIT OPERATOR.] 
517.12     Except as provided in section 609J.313, whoever violates 
517.13  section 609J.31 is guilty of a second degree misdemeanor. 
517.14     Sec. 29.  [609J.33] [UNLAWFULLY OBTAINING TRANSIT 
517.15  SERVICES.] 
517.16     Whoever intentionally obtains or attempts to obtain service 
517.17  from a provider of public transit service or from a public 
517.18  conveyance, without paying the required fare or otherwise 
517.19  obtaining the consent of an authorized transit representative is 
517.20  guilty of unlawfully obtaining transit services and may be 
517.21  sentenced as provided in section 609J.355. 
517.22     Sec. 30.  [609J.335] [THIRD DEGREE MISDEMEANOR UNLAWFULLY 
517.23  OBTAINING TRANSIT SERVICES.] 
517.24     Whoever violates section 609J.33 is guilty of a third 
517.25  degree misdemeanor. 
517.26     Sec. 31.  [609J.35] [UNLAWFUL ACTIVITY IN TRANSIT.] 
517.27     Whoever continues to do any of the following while riding 
517.28  in a vehicle providing public transit service after being warned 
517.29  once by an authorized transit representative to stop the 
517.30  conduct, is guilty of unlawful activity in transit and may be 
517.31  sentenced as provided in section 609J.355: 
517.32     (1) operates a radio, television, tape player, electronic 
517.33  musical instrument, or other electronic device, other than a 
517.34  watch, that amplifies music, unless the sound emanates only from 
517.35  earphones or headphones and except that vehicle operators may 
517.36  operate electronic equipment for official business; 
518.1      (2) smokes or carries lighted smoking paraphernalia; 
518.2      (3) consumes food or beverages, except when authorized by 
518.3   the operator or other official of the transit system; 
518.4      (4) throws or deposits litter; or 
518.5      (5) carries or is in control of an animal without the 
518.6   operator's consent.  
518.7      Sec. 32.  [609J.355] [SECOND DEGREE MISDEMEANOR UNLAWFUL 
518.8   ACTIVITY IN TRANSIT.] 
518.9      Whoever violates section 609J.35 is guilty of a second 
518.10  degree misdemeanor.  
518.11     Sec. 33.  [609J.37] [RESTRAINING ORDER.] 
518.12     Subdivision 1.  [CONDUCT CONSIDERATION.] At the sentencing 
518.13  on a violation of sections 609J.31 to 609J.35, the court shall 
518.14  consider the extent to which the person's conduct has negatively 
518.15  disrupted the delivery of transit services or has affected the 
518.16  utilization of public transit services by others. 
518.17     Subd. 2.  [PART OF SENTENCE.] The court may, in its 
518.18  discretion, include as part of any sentence for a violation of 
518.19  sections 609J.31 to 609J.37, an order restraining the person 
518.20  from using public transit vehicles and facilities for a fixed 
518.21  period, not to exceed two years or any term of probation, 
518.22  whichever is longer. 
518.23     Subd. 3.  [NOTIFICATION TO TRANSIT OPERATOR.] The court 
518.24  administrator shall forward copies of any order, and any 
518.25  subsequent order of the court rescinding or modifying the 
518.26  original order, promptly to the operator of the transit system 
518.27  on which the offense took place.  
518.28     Sec. 34.  [609J.373] [FIRST DEGREE MISDEMEANOR RESTRAINING 
518.29  ORDER VIOLATION.] 
518.30     Whoever violates an order issued under section 609J.37 
518.31  within two years after a previous conviction for a violation 
518.32  under the same section is guilty of a first degree misdemeanor. 
518.33     Sec. 35.  [609J.375] [SECOND DEGREE MISDEMEANOR RESTRAINING 
518.34  ORDER VIOLATION.] 
518.35     Except as provided in section 609J.373, whoever violates an 
518.36  order issued under section 609J.37 is guilty of a second degree 
519.1   misdemeanor.  
519.2      Sec. 36.  [609J.39] [INTERFERING WITH RAILROAD.] 
519.3      Subdivision 1.  [INTENDING TO CAUSE DERAILMENT.] Whoever 
519.4   does either of the following with intention to cause injury, 
519.5   accident, or derailment is guilty of interfering with a railroad 
519.6   and may be sentenced as provided in section 609J.393: 
519.7      (a) throws or deposits any type of debris, waste material, 
519.8   or other obstruction on any railroad track; or 
519.9      (b) causes damage or causes another person to damage, 
519.10  tamper, change, or destroy any railroad track, switch, bridge, 
519.11  trestle, tunnel, signal, or moving equipment used in providing 
519.12  rail services.  
519.13     Subd. 2.  [CAUSING FORESEEABLE RISK.] Whoever does either 
519.14  of the following which creates a reasonably foreseeable risk of 
519.15  any injury, accident, or derailment is guilty of interfering 
519.16  with a railroad and may be sentenced as provided in section 
519.17  609J.395: 
519.18     (a) intentionally throws or deposits any type of debris, 
519.19  waste material, or other obstruction on any railroad track; or 
519.20     (b) intentionally causes damage or causes another person to 
519.21  damage, tamper, change, or destroy any railroad track, switch, 
519.22  bridge, trestle, tunnel, signal, or moving equipment used in 
519.23  providing rail services.  
519.24     Subd. 3.  [THROWING OBJECT AT TRAIN.] Whoever throws, 
519.25  shoots, or propels any stone, brick, or other object at any 
519.26  railroad train, car, caboose, engine, or moving equipment with 
519.27  the intention of endangering the safety of another person is 
519.28  guilty of interfering with a railroad and may be sentenced as 
519.29  provided in section 609J.395.  
519.30     Subd. 4.  [INTENTIONALLY ALLOWING ANIMALS ON 
519.31  TRACK.] Whoever intentionally permits animals under the person's 
519.32  control to trespass on a railroad track is guilty of interfering 
519.33  with a railroad and may be sentenced as provided in section 
519.34  609J.397. 
519.35     Subd. 5.  [PLACING OBSTRUCTION ON TRACK.] Whoever places an 
519.36  obstruction on a railroad track is guilty of interfering with a 
520.1   railroad and may be sentenced as provided in section 609J.398. 
520.2      Sec. 37.  [609J.393] [FELONY INTERFERING WITH RAILROAD.] 
520.3      Whoever violates section 609J.39, subdivision 1, may be 
520.4   sentenced to imprisonment for not more than five years or to 
520.5   payment of a fine of not more than $10,000, or both. 
520.6      Sec. 38.  [609J.395] [FIRST DEGREE MISDEMEANOR INTERFERING 
520.7   WITH RAILROAD.] 
520.8      Whoever violates section 609J.39, subdivision 2 or 3, is 
520.9   guilty of a first degree misdemeanor.  
520.10     Sec. 39.  [609J.397] [SECOND DEGREE MISDEMEANOR INTERFERING 
520.11  WITH RAILROAD.] 
520.12     Whoever violates section 609J.39, subdivision 4, is guilty 
520.13  of a second degree misdemeanor.  
520.14     Sec. 40.  [609J.398] [THIRD DEGREE MISDEMEANOR INTERFERING 
520.15  WITH RAILROAD.] 
520.16     Whoever violates section 609J.39, subdivision 5, is guilty 
520.17  of a third degree misdemeanor. 
520.18     Sec. 41.  [609J.41] [BOARDING MOVING ENGINE OR CAR.] 
520.19     Whoever, other than a passenger or employee, gets on or 
520.20  off, or attempts to get on or off, or swings on, or hangs on 
520.21  from the outside of, any engine or car or any electric motor or 
520.22  street car upon any railway or track, while the engine, car, 
520.23  motor, or street car is in motion, or switching or being 
520.24  switched is guilty of boarding a moving engine or car and may be 
520.25  sentenced as provided in section 609J.415. 
520.26     Sec. 42.  [609J.415] [INFRACTION BOARDING MOVING ENGINE OR 
520.27  CAR.] 
520.28     Subdivision 1.  [PENALTY.] Whoever violates section 609J.41 
520.29  is guilty of an infraction.  
520.30     Subd. 2.  [MAXIMUM FINE.] The fine under subdivision 1 may 
520.31  not exceed $10.  
520.32                CRIMES RELATING TO HEALTH AND SAFETY 
520.33     Sec. 43.  [609J.43] [FIRE ALARM VIOLATION.] 
520.34     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does any of 
520.35  the following is guilty of a fire alarm violation and may be 
520.36  sentenced as provided in sections 609J.433 to 609J.437: 
521.1      (a) intentionally gives a false alarm of fire; 
521.2      (b) unlawfully tampers or interferes with any fire alarm 
521.3   system, fire protection device, or the station or signal box of 
521.4   any fire alarm system or any auxiliary fire appliance; 
521.5      (c) unlawfully breaks, injures, defaces, or removes any 
521.6   such system, device, box, or station; or 
521.7      (d) unlawfully breaks, injures, destroys, disables, renders 
521.8   inoperable, or disturbs any of the wires, poles, or other 
521.9   supports and appliances connected with or forming a part of any 
521.10  fire alarm system or fire protection device or any auxiliary 
521.11  fire appliance. 
521.12     Subd. 2.  [SPECIAL DEFINITION OF TAMPERING.] For purposes 
521.13  of this section, "tampering" means to intentionally disable, 
521.14  alter, or change the fire alarm system, fire protective device, 
521.15  or the station or signal box of any fire alarm system of any 
521.16  auxiliary fire appliance, with knowledge that it will be 
521.17  disabled or rendered inoperable.  
521.18     Sec. 44.  [609J.433] [FELONY TAMPERING WITH FIRE ALARM 
521.19  SYSTEM.] 
521.20     Whoever violates section 609J.43 by tampering and knows or 
521.21  has reason to know that the tampering creates the potential for 
521.22  bodily harm or the tampering results in bodily harm may be 
521.23  sentenced to imprisonment for not more than five years or to 
521.24  payment of a fine of not more than $10,000, or both.  
521.25     Sec. 45.  [609J.435] [FIRST DEGREE MISDEMEANOR TAMPERING 
521.26  WITH FIRE ALARM SYSTEM.] 
521.27     Whoever violates section 609J.43 by intentionally giving a 
521.28  false alarm of fire is guilty of a first degree misdemeanor. 
521.29     Sec. 46.  [609J.437] [SECOND DEGREE MISDEMEANOR TAMPERING 
521.30  WITH FIRE ALARM SYSTEM.] 
521.31     Except as provided in section 609J.433 or 609J.435, whoever 
521.32  violates section 609J.43 is guilty of a second degree 
521.33  misdemeanor. 
521.34     Sec. 47.  [609J.45] [ADULTERATION.] 
521.35     Subdivision 1.  [SPECIAL DEFINITION OF ADULTERATION.] 
521.36  "Adulteration" means the intentional adding of any substance 
522.1   that has the capacity to cause death, bodily harm, or illness by 
522.2   ingestion, injection, inhalation, or absorption, to a substance 
522.3   having a customary or reasonably foreseeable human use. 
522.4      Subd. 2.  [ACTS CONSTITUTING.] Whoever does either of the 
522.5   following is guilty of adulteration and may be sentenced as 
522.6   provided in section 609J.453 or 609J.455: 
522.7      (a) knowing or having reason to know that the adulteration 
522.8   will cause death, bodily harm or illness, adulterates any 
522.9   substance with the intent to cause death, bodily harm, or 
522.10  illness; or 
522.11     (b) knowing or having reason to know that a substance has 
522.12  been adulterated, distributes, disseminates, gives, sells, or 
522.13  otherwise transfers an adulterated substance with the intent to 
522.14  cause death, bodily harm, or illness. 
522.15     Subd. 3.  [CHARGING DISCRETION.] Criminal proceedings may 
522.16  be instituted under this section, notwithstanding the provisions 
522.17  of section 24.141 (labeling requirements), 29.24 (adulterated or 
522.18  inedible eggs), 31.02 (prohibited acts relating to food), 31.601 
522.19  (protection of meat), 34.01 (soft drinks), 151.34 (pharmacy; 
522.20  prohibited acts), 340A.508, subdivision 2 (tampering or diluting 
522.21  contents), or other law proscribing adulteration of substances 
522.22  intended for use by persons.  
522.23     Sec. 48.  [609J.453] [FIRST DEGREE FELONY ADULTERATION.] 
522.24     Whoever violates section 609J.45 may be sentenced to 
522.25  imprisonment for not more than 40 years or payment of a fine of 
522.26  not more than $80,000, or both, if the adulteration causes death.
522.27     Sec. 49.  [609J.455] [SECOND DEGREE FELONY ADULTERATION.] 
522.28     Except as provided in section 609J.453, whoever violates 
522.29  section 609J.45 may be sentenced to imprisonment for not more 
522.30  than five years or payment of a fine of not more than $10,000, 
522.31  or both, if the adulteration causes any illness, pain, or other 
522.32  bodily harm. 
522.33     Sec. 50.  [609J.47] [INTERFERING WITH ACCESS TO HEALTH 
522.34  CARE.] 
522.35     Subdivision 1.  [SPECIAL DEFINITIONS.] For purposes of this 
522.36  section: 
523.1      (a) "Aggrieved party" means a person whose access to or 
523.2   egress from a health facility is obstructed in violation of this 
523.3   subdivision, or the health facility. 
523.4      (b) "Health facility" means any of the following: 
523.5      (1) a hospital or other health institution licensed under 
523.6   sections 144.50 to 144.56; 
523.7      (2) a medical facility as defined in section 144.561; 
523.8      (3) an agency, clinic, or office operated under the 
523.9   direction of or under contract with the commissioner of health 
523.10  or a community health board, as defined in section 145A.02; 
523.11     (4) a facility providing counseling regarding options for 
523.12  medical services or recovery from an addiction; 
523.13     (5) a facility providing emergency shelter services for 
523.14  battered women, as defined in section 609B.345, subdivision 1, 
523.15  or a facility providing transitional housing for battered women 
523.16  and their children; 
523.17     (6) a residential care home or home as defined in section 
523.18  144B.01, subdivision 5; 
523.19     (7) a facility as defined in section 626.556, subdivision 
523.20  2, paragraph (f); 
523.21     (8) a facility as defined in section 626.5572, subdivision 
523.22  6, where the services described in that subdivision are 
523.23  provided; 
523.24     (9) a place to or from which ambulance service, as defined 
523.25  in section 144.801, is provided or sought to be provided; and 
523.26     (10) a hospice program licensed under section 144A.48. 
523.27     Subd. 2.  [ACTS CONSTITUTING.] Whoever intentionally and 
523.28  physically obstructs any individual's access to or egress from a 
523.29  health facility is guilty of interfering with access to health 
523.30  care and may be sentenced as provided in section 609J.475. 
523.31     Subd. 3.  [SPEECH PROTECTED.] Nothing in this section shall 
523.32  be construed to impair the right of any individual or group to 
523.33  engage in speech protected by the United States Constitution, 
523.34  the Minnesota Constitution, or federal or state law, including 
523.35  but not limited to peaceful and lawful handbilling and picketing.
523.36     Subd. 4.  [CIVIL REMEDIES.] (a) A party who is aggrieved by 
524.1   an act prohibited by this section, or by an attempt or 
524.2   conspiracy to commit an act prohibited by this section, may 
524.3   bring an action for damages, injunctive or declaratory relief, 
524.4   as appropriate, in district court against any person or entity 
524.5   who has violated or has conspired to violate this section. 
524.6      (b) A party who prevails in a civil action under this 
524.7   subdivision is entitled to recover from the violator damages, 
524.8   costs, attorney fees, and other relief as determined by the 
524.9   court.  In addition to all other damages, the court may award to 
524.10  the aggrieved party a civil penalty of up to $1,000 for each 
524.11  violation.  If the aggrieved party is a health facility and the 
524.12  political subdivision where the violation occurred incurred law 
524.13  enforcement or prosecution expenses in connection with the same 
524.14  violation, the court shall award any civil penalty it imposes to 
524.15  the political subdivision instead of to the facility. 
524.16     (c) The remedies provided by this subdivision are in 
524.17  addition to any other legal or equitable remedies the aggrieved 
524.18  party may have and are not intended to diminish or substitute 
524.19  for those remedies or to be exclusive.  
524.20     Subd. 5.  [SPECIAL DEFINITION OF AGGRIEVED 
524.21  PARTY.] "Aggrieved party" means a person whose access to or 
524.22  egress from a health facility is obstructed in violation of 
524.23  subdivision 2, or the health facility. 
524.24     Sec. 51.  [609J.473] [GROSS MISDEMEANOR INTERFERING WITH 
524.25  ACCESS TO HEALTH CARE.] 
524.26     Whoever violates section 609J.47 within two years after a 
524.27  previous conviction under section 609J.47 is guilty of a gross 
524.28  misdemeanor. 
524.29     Sec. 52.  [609J.475] [FIRST DEGREE MISDEMEANOR INTERFERING 
524.30  WITH ACCESS TO HEALTH CARE.] 
524.31     Except as provided in section 609J.473, whoever violates 
524.32  section 609J.47 is guilty of a first degree misdemeanor. 
524.33     Sec. 53.  [609J.49] [UNLAWFUL SMOKING.] 
524.34     Whoever intentionally smokes in a building, area, or common 
524.35  carrier in which "no smoking" notices have been prominently 
524.36  posted, or when requested not to by the operator of the common 
525.1   carrier, is guilty of unlawful smoking and may be sentenced as 
525.2   provided in section 609J.495.  
525.3      Sec. 54.  [609J.495] [INFRACTION UNLAWFUL SMOKING.] 
525.4      Whoever violates section 609J.49 is guilty of an infraction.
525.5      Sec. 55.  [609J.51] [ABUSING TOXIC SUBSTANCE.] 
525.6      Whoever uses or possesses any toxic substance with the 
525.7   intent of inducing intoxication, excitement, or stupefaction of 
525.8   the central nervous system, except under the direction and 
525.9   supervision of a medical doctor is guilty of abusing a toxic 
525.10  substance and may be sentenced as provided in section 609J.515. 
525.11     Sec. 56.  [609J.515] [THIRD DEGREE MISDEMEANOR ABUSING 
525.12  TOXIC SUBSTANCE.] 
525.13     Whoever violates section 609J.51 is guilty of a third 
525.14  degree misdemeanor. 
525.15     Sec. 57.  [609J.53] [AIDING ABUSE OF TOXIC SUBSTANCE.] 
525.16     Whoever intentionally aids another in violation of section 
525.17  609J.51 is guilty of aiding abuse of a toxic substance and may 
525.18  be sentenced as provided in section 609J.535. 
525.19     Sec. 58.  [609J.535] [THIRD DEGREE MISDEMEANOR AIDING ABUSE 
525.20  OF TOXIC SUBSTANCE.] 
525.21     Whoever violates section 609J.53 is guilty of a third 
525.22  degree misdemeanor. 
525.23                CRIMES HARMFUL TO WELFARE OF MINORS 
525.24     Sec. 59.  [609J.55] [SELLING TOXIC SUBSTANCE TO MINOR.] 
525.25     Subdivision 1.  [ACTS CONSTITUTING.] Whoever sells a toxic 
525.26  substance to a minor is guilty of selling a toxic substance to a 
525.27  minor and may be sentenced as provided in section 609J.555. 
525.28     Subd. 2.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
525.29  defense to a charge under this section if the defendant proves 
525.30  by a preponderance of the evidence that the defendant reasonably 
525.31  and in good faith relied on proof of age as described in section 
525.32  340A.503, subdivision 6. 
525.33     Subd. 3.  [NOTICE REQUIRED.] (a) A business establishment 
525.34  that offers for sale at retail any toxic substance must display 
525.35  a conspicuous sign that contains the following, or substantially 
525.36  similar, language:  "NOTICE It is unlawful for a person to sell 
526.1   glue, cement, or aerosol paint containing intoxicating 
526.2   substances, to a person under 18 years of age, except as 
526.3   provided by law.  This offense is a first degree misdemeanor.  
526.4   It is a third degree misdemeanor for a person to use or possess 
526.5   glue, cement, aerosol paint, with the intent of inducing 
526.6   intoxication, excitement, or stupefaction of the central nervous 
526.7   system.  This use can be harmful or fatal." 
526.8      (b) A business establishment may omit from the required 
526.9   notice references to any toxic substance that is not offered for 
526.10  sale by that business establishment. 
526.11     (c) A business establishment that does not sell any toxic 
526.12  substance other than butane or butane lighters shall post a sign 
526.13  stating that it is illegal to sell butane or butane lighters to 
526.14  anyone under the age of 18.  This sign shall fulfill the 
526.15  requirements under this subdivision. 
526.16     Sec. 60.  [609J.555] [FIRST DEGREE MISDEMEANOR SELLING 
526.17  TOXIC SUBSTANCE TO MINOR.] 
526.18     Whoever violates section 609J.55 is guilty of a first 
526.19  degree misdemeanor. 
526.20     Sec. 61.  [609J.57] [FURNISHING TOBACCO TO MINOR.] 
526.21     Subdivision 1.  [ACTS CONSTITUTING.] Whoever sells or 
526.22  furnishes tobacco or a tobacco-related device to a minor is 
526.23  guilty of furnishing tobacco to a minor and may be sentenced as 
526.24  provided in section 609J.573 or 609J.575.  
526.25     Subd. 2.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
526.26  defense to a charge under section 609J.573 if the defendant 
526.27  proves by a preponderance of the evidence that the defendant 
526.28  reasonably and in good faith relied on proof of age as described 
526.29  in section 340A.503, subdivision 6. 
526.30     Subd. 3.  [EFFECT ON LOCAL ORDINANCES.] Nothing in this 
526.31  section or section 609J.59 supersedes or precludes the 
526.32  continuation or adoption of any local ordinance that provides 
526.33  for more stringent regulation of the subject matter in this 
526.34  section or section 609J.59.  
526.35     Subd. 4.  [EXCEPTION.] Notwithstanding section 609J.575, an 
526.36  Indian may furnish tobacco to an Indian under the age of 18 
527.1   years if the tobacco is furnished as part of a traditional 
527.2   Indian spiritual or cultural ceremony.  For purposes of this 
527.3   subdivision, an Indian is a person who is a member of an Indian 
527.4   tribe as defined in section 257.351, subdivision 9.  
527.5      Sec. 62.  [609J.573] [GROSS MISDEMEANOR SELLING TOBACCO TO 
527.6   MINOR.] 
527.7      Whoever violates section 609J.57 within two years after a 
527.8   previous conviction under the same section is guilty of a gross 
527.9   misdemeanor.  
527.10     Sec. 63.  [609J.575] [FIRST DEGREE MISDEMEANOR SELLING 
527.11  TOBACCO TO MINOR.] 
527.12     Except as provided in section 609J.573, whoever, in 
527.13  violation of section 609J.57, sells tobacco to a minor is guilty 
527.14  of a first degree misdemeanor. 
527.15     Sec. 64.  [609J.577] [THIRD DEGREE MISDEMEANOR FURNISHING 
527.16  TOBACCO TO MINOR.] 
527.17     Except as provided in section 609J.573, whoever, in 
527.18  violation of section 609J.57, furnishes tobacco or 
527.19  tobacco-related devices to a minor is guilty of a third degree 
527.20  misdemeanor. 
527.21     Sec. 65.  [609J.59] [USE OF TOBACCO BY MINOR.] 
527.22     Subdivision 1.  [ACTS CONSTITUTING.] A minor who possesses, 
527.23  smokes, chews, or otherwise ingests, purchases, or attempts to 
527.24  purchase tobacco or tobacco-related devices is guilty of use of 
527.25  tobacco by a minor and may be sentenced as provided in section 
527.26  609J.595. 
527.27     Subd. 2.  [EXCEPTION.] This section does not apply to a 
527.28  minor who purchases or attempts to purchase tobacco or tobacco- 
527.29  related devices while under the direct supervision of a 
527.30  responsible adult for training, education, research, or 
527.31  enforcement purposes. 
527.32     Sec. 66.  [609J.595] [INFRACTION USE OF TOBACCO BY MINOR.] 
527.33     Whoever violates section 609J.59 is guilty of an infraction.
527.34     Sec. 67.  [609J.61] [EXPOSING UNUSED REFRIGERATOR OR 
527.35  CONTAINER TO CHILDREN.] 
527.36     Whoever, being the owner or in possession or control, 
528.1   permits an unused refrigerator or other container, sufficiently 
528.2   large to retain any child and with doors which fasten 
528.3   automatically when closed, to be exposed and accessible to 
528.4   children, without removing the doors, lids, hinges, or latches, 
528.5   is guilty of exposing unused refrigerator or container to 
528.6   children and may be sentenced as provided in section 609J.615. 
528.7      Sec. 68.  [609J.615] [FIRST DEGREE MISDEMEANOR EXPOSING 
528.8   UNUSED REFRIGERATOR OR CONTAINER TO CHILDREN.] 
528.9      Whoever violates section 609J.61 is guilty of a first 
528.10  degree misdemeanor. 
528.11     Sec. 69.  [609J.63] [PURCHASING PROPERTY FROM MINOR.] 
528.12     Whoever is a junk dealer or secondhand dealer and purchases 
528.13  property from a minor, without the written consent of the 
528.14  minor's parent or guardian is guilty of purchasing property from 
528.15  a minor and may be sentenced as provided in section 609J.635. 
528.16     Sec. 70.  [609J.635] [THIRD DEGREE MISDEMEANOR PURCHASING 
528.17  PROPERTY FROM MINOR.] 
528.18     Whoever violates section 609J.63 is guilty of a third 
528.19  degree misdemeanor. 
528.20     Sec. 71.  [609J.65] [UNLAWFUL TATTOO.] 
528.21     Subdivision 1.  [SPECIAL DEFINITION OF TATTOO.] "Tattoo" 
528.22  means an indelible mark or figure fixed on the body by insertion 
528.23  of pigment under the skin or by production of scars. 
528.24     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever provides a tattoo to 
528.25  a minor who does not provide written parental consent to the 
528.26  tattoo may be sentenced as provided in section 609J.655. 
528.27     Subd. 3.  [CONSENT.] The consent must include both the 
528.28  custodial and noncustodial parents, where applicable. 
528.29     Sec. 72.  [609J.655] [THIRD DEGREE MISDEMEANOR UNLAWFUL 
528.30  TATTOO.] 
528.31     Whoever provides a tattoo to a minor in violation of 
528.32  section 609J.65 is guilty of a third degree misdemeanor. 
528.33             CRIMES RELATING TO REPUTATION OR IDENTITY 
528.34     Sec. 73.  [609J.71] [FALSELY IMPERSONATING ANOTHER.] 
528.35     Whoever does either of the following is guilty of falsely 
528.36  impersonating another and may be sentenced as provided in 
529.1   section 609J.715: 
529.2      (a) assumes to enter into a marriage relationship with 
529.3   another by falsely impersonating a third person; or 
529.4      (b) by falsely impersonating another with intent to defraud 
529.5   the other or a third person, appears, participates, or executes 
529.6   an instrument to be used in a judicial proceeding. 
529.7      Sec. 74.  [609J.715] [FELONY FALSELY IMPERSONATING 
529.8   ANOTHER.] 
529.9      Whoever violates section 609J.71 may be sentenced to 
529.10  imprisonment for not more than five years or to payment of a 
529.11  fine of not more than $10,000, or both. 
529.12     Sec. 75.  [609J.73] [CONCEALING IDENTITY.] 
529.13     Whoever conceals his or her identity in a public place by 
529.14  means of a robe, mask, or other disguise, unless based on 
529.15  religious beliefs, or incidental to amusement, entertainment, 
529.16  protection from weather, or medical treatment, is guilty of 
529.17  concealing identity and may be sentenced as provided in section 
529.18  609J.735. 
529.19     Sec. 76.  [609J.735] [THIRD DEGREE MISDEMEANOR CONCEALING 
529.20  IDENTITY.] 
529.21     Whoever violates section 609J.73 is guilty of a third 
529.22  degree misdemeanor.  
529.23     Sec. 77.  [609J.75] [CRIMINAL DEFAMATION.] 
529.24     Subdivision 1.  [SPECIAL DEFINITION OF DEFAMATORY MATTER.] 
529.25  For purposes of this section, "defamatory matter" means anything 
529.26  that exposes a person or a group, class, or association to 
529.27  hatred, contempt, ridicule, degradation, or disgrace in society, 
529.28  or injury to business or occupation. 
529.29     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever with knowledge of its 
529.30  defamatory character orally, in writing, or by any other means 
529.31  communicates any defamatory matter to a third person without the 
529.32  consent of the person defamed is guilty of criminal defamation 
529.33  and may be sentenced as provided in section 609J.755. 
529.34     Subd. 3.  [JUSTIFICATION.] Violation of subdivision 2 is 
529.35  justified if: 
529.36     (a) the defamatory matter is true and is communicated with 
530.1   good motives and for justifiable ends; 
530.2      (b) the communication is absolutely privileged; 
530.3      (c) the communication consists of fair comment made in good 
530.4   faith with respect to persons participating in matters of public 
530.5   concern; 
530.6      (d) the communication consists of a fair and true report or 
530.7   a fair summary of any judicial, legislative or other public or 
530.8   official proceedings; or 
530.9      (e) the communication is between persons each having an 
530.10  interest or duty with respect to the subject matter of the 
530.11  communication and is made with intent to further such interest 
530.12  or duty. 
530.13     Subd. 4.  [TESTIMONY REQUIRED.] No person shall be 
530.14  convicted on the basis of an oral communication of defamatory 
530.15  matter except upon the testimony of at least two other persons 
530.16  that they heard and understood the oral statement as defamatory 
530.17  or upon a plea of guilty. 
530.18     Sec. 78.  [609J.755] [FIRST DEGREE MISDEMEANOR CRIMINAL 
530.19  DEFAMATION.] 
530.20     Whoever violates section 609J.75 is guilty of a first 
530.21  degree misdemeanor. 
530.22     Sec. 79.  [609J.77] [FALSE INFORMATION.] 
530.23     Whoever, with intent that it be published or disseminated 
530.24  and that it defame another person, communicates to any 
530.25  newspaper, magazine or other news media, any statement, knowing 
530.26  it to be false, is guilty of false information and may be 
530.27  sentenced as provided in section 609J.775. 
530.28     Sec. 80.  [609J.775] [SECOND DEGREE MISDEMEANOR FALSE 
530.29  INFORMATION.] 
530.30     Whoever violates section 609J.77 is guilty of a second 
530.31  degree misdemeanor. 
530.32                      EXHIBITIONS AND CONTESTS 
530.33     Sec. 81.  [609J.79] [ALLOWING DANGEROUS ACROBATIC 
530.34  EXHIBITION.] 
530.35     Whoever is a proprietor, occupant, or lessee of any place 
530.36  where acrobatic exhibitions are held, and permits any person to 
531.1   perform on any trapeze, rope, pole, or other acrobatic 
531.2   contrivance, without network, or other sufficient means of 
531.3   protection from falling or other accident, is guilty of allowing 
531.4   dangerous acrobatic exhibition and may be sentenced as provided 
531.5   in section 609J.79. 
531.6      Sec. 82.  [609J.793] [THIRD DEGREE MISDEMEANOR ALLOWING 
531.7   DANGEROUS ACROBATIC EXHIBITION.] 
531.8      Whoever violates section 609J.79 after a previous 
531.9   conviction of the same section is guilty of a second degree 
531.10  misdemeanor.  
531.11     Sec. 83.  [609J.795] [INFRACTION DANGEROUS ACROBATIC 
531.12  EXHIBITION.] 
531.13     Except as provided in section 609J.793, whoever violates 
531.14  section 609J.79 is guilty of an infraction. 
531.15     Sec. 84.  [609J.81] [ALLOWING DANGEROUS EXHIBITION.] 
531.16     Whoever does either of the following is guilty of dangerous 
531.17  exhibition and may be sentenced as provided in section 609J.815: 
531.18     (a) is a proprietor, lessee, or occupant of any place of 
531.19  amusement, or any plat of ground, or building, and uses or 
531.20  allows it to be used for the exhibition of throwing any sharp 
531.21  instrument at or toward any human being; or 
531.22     (b) aims or discharges, or allows to be aimed or 
531.23  discharged, at or toward any human being, any bowgun, pistol, or 
531.24  firearm of any description. 
531.25     Sec. 85.  [609J.815] [THIRD DEGREE MISDEMEANOR ALLOWING 
531.26  DANGEROUS EXHIBITION.] 
531.27     Whoever violates section 609J.81 is guilty of a third 
531.28  degree misdemeanor. 
531.29     Sec. 86.  [609J.83] [ITINERANT CARNIVAL.] 
531.30     Subdivision 1.  [ACTS CONSTITUTING.] Whoever is responsible 
531.31  for the following is guilty of itinerant carnival and may be 
531.32  sentenced as provided in section 609J.835: 
531.33     (a) any itinerant carnival, show, act, or exhibition, or 
531.34  any other carnival, show, act, or exhibition; 
531.35     (b) that is held in the open or indoors or upon or within 
531.36  any public or private grounds of the state, or of any 
532.1   incorporated municipality thereof; and 
532.2      (c) at which congregates and assembles, with or without 
532.3   payment of an admission fee, a promiscuous gathering of people, 
532.4   as spectators or otherwise; and at which either: 
532.5      (1) lewd or obscene features are a part; 
532.6      (2) any gambling concessions are given or games of chance 
532.7   practiced; 
532.8      (3) actors or other persons connected therewith are engaged 
532.9   in immoral pursuits; or 
532.10     (4) attractions are exhibited that affect the health or 
532.11  morals of the community. 
532.12     Subd. 2.  [PUBLIC NUISANCE.] Itinerant carnivals, as 
532.13  defined in subdivision 1, are hereby declared to be a public 
532.14  nuisance and are prohibited.  
532.15     Sec. 87.  [609J.835] [THIRD DEGREE MISDEMEANOR ITINERANT 
532.16  CARNIVAL.] 
532.17     Whoever violates section 609J.83 is guilty of a third 
532.18  degree misdemeanor.  
532.19     Sec. 88.  [609J.85] [ENDURANCE CONTEST.] 
532.20     Subdivision 1.  [ACTS CONSTITUTING.] Whoever advertises, 
532.21  operates, maintains, attends, promotes, or aids in the 
532.22  advertising, operating, maintaining, or promoting of any mental 
532.23  or physical endurance contest exhibition, performance, or show 
532.24  in the nature of a "marathon," "walkathon," "skatathon," or any 
532.25  other such endurance contest of a like or similar character or 
532.26  nature, whether under that or other names, whether or not an 
532.27  admission is charged, for a period longer than 24 hours unless a 
532.28  rest period for contestants of at least five hours begins each 
532.29  subsequent 24-hour period is guilty of an endurance contest and 
532.30  may be sentenced as provided in section 609J.855.  
532.31     Subd. 2.  [EXCEPTIONS.] Nothing in this section shall apply 
532.32  to the continuance of bicycle-riding contests of no longer 
532.33  duration than six days, the ordinary amateur or professional 
532.34  athletic events or contests, or high school, college, and 
532.35  intercollegiate athletic sports. 
532.36     Sec. 89.  [609J.855] [SECOND DEGREE MISDEMEANOR ENDURANCE 
533.1   CONTEST.] 
533.2      Whoever violates section 609J.855 is guilty of a second 
533.3   degree misdemeanor.  
533.4                 CRIMES RELATING TO CONTEST OR EVENT 
533.5      Sec. 90.  [609J.87] [BRIBING CONTEST PARTICIPANT OR 
533.6   OFFICIAL.] 
533.7      Subdivision 1.  [ACTS PROHIBITED.] Whoever does any of the 
533.8   following is guilty of bribing a contest participant or an 
533.9   official and may be sentenced as provided in section 609J.875: 
533.10     (a) offers, gives, or agrees to give, directly or 
533.11  indirectly, any benefit, reward or consideration to a 
533.12  participant, manager, director, or other official, or to one who 
533.13  intends to become such participant or official, in any sporting 
533.14  event, race, or other contest of any kind whatsoever with intent 
533.15  thereby to influence the participant not to use the 
533.16  participant's best effort to win or enable the participant's 
533.17  team to win or to attain a maximum score or margin of victory, 
533.18  or to influence the official in decisions with respect to the 
533.19  contest; or 
533.20     (b) requests, receives, or agrees to receive, directly or 
533.21  indirectly, any benefit, reward, or consideration upon the 
533.22  understanding that the actor will be so influenced as such 
533.23  participant or official. 
533.24     Subd. 2.  [SPECIAL DEFINITION OF OFFICIAL.] As used in this 
533.25  section, "official" means one who umpires, referees, judges, 
533.26  officiates, or is otherwise designated to render decisions 
533.27  concerning the conduct or outcome of any contest included herein.
533.28     Sec. 91.  [609J.875] [FELONY BRIBING CONTEST PARTICIPANT OR 
533.29  OFFICIAL.] 
533.30     Whoever violates section 609J.87 may be sentenced to 
533.31  imprisonment for not more than five years or to payment of a 
533.32  fine of not more than $10,000, or both. 
533.33     Sec. 92.  [609J.89] [FAILING TO REPORT BRIBERY ATTEMPT.] 
533.34     Whoever is offered or promised a benefit, reward, or 
533.35  consideration upon the understanding to be so influenced as a 
533.36  participant or official, as described in section 609J.87, and 
534.1   fails promptly to report the same to the offeree's or promisee's 
534.2   employer, manager, coach, or director, or to a county attorney 
534.3   is guilty of failing to report bribery attempt and may be 
534.4   sentenced as provided in section 609J.895.  
534.5      Sec. 93.  [609J.895] [SECOND DEGREE MISDEMEANOR FAILING TO 
534.6   REPORT BRIBERY ATTEMPT.] 
534.7      Whoever violates section 609J.89 is guilty of a second 
534.8   degree misdemeanor. 
534.9      Sec. 94.  [609J.91] [TICKET SCALPING.] 
534.10     Subdivision 1.  [SPECIAL DEFINITION OF EVENT.] For purposes 
534.11  of this section, "event" means a theater performance or show, 
534.12  circus, athletic contest, or other entertainment or amusement to 
534.13  which the general public is admitted. 
534.14     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever intentionally does 
534.15  any of the following is guilty of ticket scalping and may be 
534.16  sentenced as provided in section 609J.915: 
534.17     (a) issues or sells tickets to an event without printing 
534.18  thereon in a conspicuous place the price of the ticket and the 
534.19  seat number, if any; 
534.20     (b) charges for admission to an event a price greater than 
534.21  that advertised or stated on tickets issued for the event; 
534.22     (c) sells or offers to sell a ticket to an event at a price 
534.23  greater than that charged at the place of admission or printed 
534.24  on the ticket; 
534.25     (d) having received a ticket to an event under conditions 
534.26  restricting its transfer, sells it in violation of such 
534.27  conditions; or 
534.28     (e) being in control of premises on or in which an event is 
534.29  conducted, permits the sale or exhibition for sale on or in such 
534.30  premises of a ticket to the event at a price greater than 
534.31  printed thereon. 
534.32     Subd. 3.  [EXCEPTION.] This section not prohibit charging a 
534.33  fee for services rendered in connection with the sale of a 
534.34  ticket to an event if the fee is permitted pursuant to a 
534.35  contract between the ticket seller and the promoter of an event. 
534.36     Sec. 95.  [609J.915] [THIRD DEGREE MISDEMEANOR TICKET 
535.1   SCALPING.] 
535.2      Whoever violates section 609J.91 is guilty of a third 
535.3   degree misdemeanor. 
535.4                      CRIMES RELATED TO GAMBLING 
535.5      Sec. 96.  [609J.92] [SPECIAL DEFINITIONS RELATING TO 
535.6   GAMBLING.] 
535.7      Subdivision 1.  [TERMS.] For purposes of this section and 
535.8   section 609J.93, unless the language or context clearly 
535.9   indicates that a different meaning is intended, the terms 
535.10  defined in this section have the meanings ascribed to them. 
535.11     Subd. 2.  [BET.] (a) "Bet" means a bargain whereby the 
535.12  parties mutually agree to a gain or loss by one to the other of 
535.13  specified money, property, or benefit dependent upon chance, 
535.14  even though the chance is accompanied by some element of skill. 
535.15     (b) The following are not bets: 
535.16     (1) a contract to insure, indemnify, guarantee, or 
535.17  otherwise compensate another for a harm or loss sustained, even 
535.18  though the loss depends upon chance; 
535.19     (2) a contract for the purchase or sale at a future date of 
535.20  securities or other commodities; 
535.21     (3) offers of purses, prizes, or premiums to the actual 
535.22  contestants in any bona fide contest for the determination of 
535.23  skill, speed, strength, endurance, or quality or to the bona 
535.24  fide owners of animals or other property entered in such a 
535.25  contest; 
535.26     (4) the game of bingo when conducted in compliance with 
535.27  sections 349.11 to 349.23; 
535.28     (5) a private social bet not part of or incidental to 
535.29  organized, commercialized, or systematic gambling; 
535.30     (6) the operation of equipment or the conduct of a raffle 
535.31  under sections 349.11 to 349.22, by an organization licensed by 
535.32  the gambling control board or an organization exempt from 
535.33  licensing under section 349.166; 
535.34     (7) pari-mutuel betting on horse racing when the betting is 
535.35  conducted under chapter 240; or 
535.36     (8) the purchase and sale of state lottery tickets under 
536.1   chapter 349A. 
536.2      Subd. 3.  [BUCKET SHOP.] "Bucket shop" means a place 
536.3   wherein the operator is engaged in making bets in the form of 
536.4   purchases or sales on public exchanges of securities, 
536.5   commodities, or other personal property for future delivery to 
536.6   be settled at prices dependent on the chance of those prevailing 
536.7   at the public exchanges without a bona fide purchase or sale 
536.8   being in fact made on a board of trade or exchange. 
536.9      Subd. 4.  [GAMBLING DEVICE.] (a) "Gambling device" means a 
536.10  contrivance that for a consideration affords the player an 
536.11  opportunity to obtain something of value, other than free plays, 
536.12  automatically from the machine or otherwise, the award of which 
536.13  is determined principally by chance. 
536.14     (b) Gambling device includes a video game of chance. 
536.15     Subd. 5.  [GAMBLING PLACE.] "Gambling place" means a 
536.16  location or structure, stationary or movable, or any part 
536.17  thereof, wherein, as one of its uses, betting is permitted or 
536.18  promoted, a lottery is conducted or assisted, or a gambling 
536.19  device is operated. 
536.20     Subd. 6.  [LOTTERY.] (a) "Lottery" means a plan that 
536.21  provides for the distribution of money, property, or other 
536.22  reward or benefit to persons selected by chance from among 
536.23  participants some or all of whom have given consideration for 
536.24  the chance of being selected.  A participant's payment for use 
536.25  of a 900 telephone number or another means of communication that 
536.26  results in payment to the sponsor of the plan constitutes 
536.27  consideration under this paragraph. 
536.28     (b) An in-package chance promotion is not a lottery if all 
536.29  of the following are met: 
536.30     (1) participation is available, free and without purchase 
536.31  of the package, from the retailer or by mail or toll-free 
536.32  telephone request to the sponsor for entry or for a game piece; 
536.33     (2) the label of the promotional package and any related 
536.34  advertising clearly states any method of participation and the 
536.35  scheduled termination date of the promotion; 
536.36     (3) the sponsor on request provides a retailer with a 
537.1   supply of entry forms or game pieces adequate to permit free 
537.2   participation in the promotion by the retailer's customers; 
537.3      (4) the sponsor does not misrepresent a participant's 
537.4   chances of winning any prize; 
537.5      (5) the sponsor randomly distributes all game pieces and 
537.6   maintains records of random distribution for at least one year 
537.7   after the termination date of the promotion; 
537.8      (6) all prizes are randomly awarded if game pieces are not 
537.9   used in the promotion; and 
537.10     (7) the sponsor provides on request of a state agency a 
537.11  record of the names and addresses of all winners of prizes 
537.12  valued at $100 or more, if the request is made within one year 
537.13  after the termination date of the promotion. 
537.14     (c) Except as provided by section 349.40 (gambling 
537.15  devices), acts in this state in furtherance of a lottery 
537.16  conducted outside of this state are included notwithstanding its 
537.17  validity where conducted. 
537.18     (d) The distribution of property, or other reward or 
537.19  benefit by an employer to persons selected by chance from among 
537.20  participants who have made a contribution through a payroll or 
537.21  pension deduction campaign to a registered combined charitable 
537.22  organization, within the meaning of section 309.501, as a 
537.23  precondition to the chance of being selected, is not a lottery 
537.24  if: 
537.25     (1) all of the persons eligible to be selected are employed 
537.26  by or retirees of the employer; 
537.27     (2) the cost of the property or other reward or benefit 
537.28  distributed and all costs associated with the distribution are 
537.29  borne by the employer; and 
537.30     (3) the total amount actually expended by the employer to 
537.31  obtain the property or other rewards or benefits distributed by 
537.32  the employer during the calendar year does not exceed $500. 
537.33     Subd. 7.  [900 TELEPHONE NUMBER.] A "900 telephone number" 
537.34  means a ten-digit number, the first three numbers of which are 
537.35  from 900 to 999. 
537.36     Subd. 8.  [SPORTS BOOKMAKING.] "Sports bookmaking" means 
538.1   the activity of intentionally receiving, recording, or 
538.2   forwarding within any 30-day period more than five bets, or 
538.3   offers to bet, that total more than $2,500 on any one or more 
538.4   sporting events. 
538.5      Subd. 9.  [VIDEO GAME OF CHANCE.] "Video game of chance" 
538.6   means: 
538.7      (a) a game or device that simulates one or more games 
538.8   commonly referred to as poker, blackjack, craps, hi-lo, 
538.9   roulette, or other common gambling forms, even though not 
538.10  offering any type of pecuniary award or gain to players; and 
538.11     (b) any video game having one or more of the following 
538.12  characteristics: 
538.13     (1) it is primarily a game of chance, and has no 
538.14  substantial elements of skill involved; or 
538.15     (2) it awards game credits or replays and contains a meter 
538.16  or device that records unplayed credits or replays. 
538.17     Sec. 97.  [609J.93] [ACTS RELATING TO GAMBLING.] 
538.18     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does any of 
538.19  the following is guilty of an act relating to gambling and may 
538.20  be sentenced as provided in section 609J.937: 
538.21     (a) makes a bet; 
538.22     (b) sells or transfers a chance to participate in a 
538.23  lottery; 
538.24     (c) disseminates information about a lottery, except a 
538.25  lottery conducted by an adjoining state, with intent to 
538.26  encourage participation therein; 
538.27     (d) permits a structure or location owned or occupied by 
538.28  the actor or under the actor's control to be used as a gambling 
538.29  place; or 
538.30     (e) except where authorized by statute, possesses a 
538.31  gambling device. 
538.32     Subd. 2.  [OTHER ACTS RELATING TO GAMBLING.] Whoever does 
538.33  any of the following is guilty of an act relating to gambling 
538.34  and may be sentenced as provided in section 609J.935: 
538.35     (a) maintains or operates a gambling place or operates a 
538.36  bucket shop; 
539.1      (b) intentionally participates in the income of a gambling 
539.2   place or bucket shop; 
539.3      (c) conducts a lottery, or, with intent to conduct a 
539.4   lottery, possesses facilities for doing so; 
539.5      (d) sets up for use for the purpose of gambling, or 
539.6   collects the proceeds of, any gambling device or bucket shop; 
539.7      (e) except as provided in section 299L.07, manufactures, 
539.8   sells, offers for sale, or otherwise provides, in whole or any 
539.9   part thereof, any gambling device including those defined in 
539.10  section 349.30, subdivision 2; 
539.11     (f) with intent that it be so used, manufactures, sells, or 
539.12  offers for sale any facility for conducting a lottery, except as 
539.13  provided by section 349.40; or 
539.14     (g) receives, records, or forwards bets or offers to bet 
539.15  or, with intent to receive, record, or forward bets or offers to 
539.16  bet, possesses facilities to do so. 
539.17     Subd. 3.  [SPORTS BOOKMAKING.] Whoever engages in sports 
539.18  bookmaking is guilty of an act relating to gambling and may be 
539.19  sentenced as provided in section 609J.933. 
539.20     Subd. 4.  [EXCEPTIONS.] (a) Subdivision 1, paragraph (e), 
539.21  does not prohibit possession of a gambling device in a person's 
539.22  dwelling for amusement purposes in a manner that does not afford 
539.23  players an opportunity to obtain anything of value. 
539.24     (b) Notwithstanding this section, an organization may 
539.25  conduct lawful gambling as defined in section 349.12, if 
539.26  authorized under chapter 349, and a person may manufacture, 
539.27  sell, or offer for sale a gambling device to an organization 
539.28  authorized under chapter 349 to conduct lawful gambling, and 
539.29  pari-mutuel betting on horse racing may be conducted under 
539.30  chapter 240. 
539.31     (c) This section does not prohibit the operation of the 
539.32  state lottery or the sale, possession, or purchase of tickets 
539.33  for the state lottery under chapter 349A. 
539.34     Sec. 98.  [609J.933] [FELONY ACT RELATING TO GAMBLING.] 
539.35     Whoever violates section 609J.93, subdivision 3, may be 
539.36  sentenced to imprisonment for not more than five years, or to 
540.1   payment of a fine of not more than $25,000, or both. 
540.2      Sec. 99.  [609J.935] [GROSS MISDEMEANOR ACT RELATING TO 
540.3   GAMBLING.] 
540.4      Whoever violates section 609J.93, subdivision 2, is guilty 
540.5   of a gross misdemeanor. 
540.6      Sec. 100.  [609J.937] [SECOND DEGREE MISDEMEANOR ACT 
540.7   RELATING TO GAMBLING.] 
540.8      Whoever violates section 609J.93, subdivision 1, is guilty 
540.9   of a second degree misdemeanor. 
540.10                            RACKETEERING 
540.11     Sec. 101.  [609J.94] [SPECIAL DEFINITIONS RELATING TO 
540.12  RACKETEERING.] 
540.13     Subdivision 1.  [TERMS.] As used in sections 609J.94 to 
540.14  609J.97, unless the language or context clearly indicates that a 
540.15  different meaning is intended, the terms defined in this section 
540.16  have the meanings ascribed to them. 
540.17     Subd. 2.  [ENTERPRISE.] (a) "Enterprise" means a sole 
540.18  proprietorship, partnership, corporation, trust, or other legal 
540.19  entity, or a union, governmental entity, association, or group 
540.20  of persons, associated in fact although not a legal entity. 
540.21     (b) "Enterprise" includes illicit as well as legitimate 
540.22  enterprises. 
540.23     Subd. 3.  [PARTICIPATING IN A PATTERN OF CRIMINAL 
540.24  ACTIVITY.] For purposes of section 609J.95 (racketeering), 
540.25  "participating in a pattern of criminal activity" means that the 
540.26  actor is a principal with respect to conduct constituting at 
540.27  least three of the criminal acts included in the pattern and two 
540.28  of the acts constitute felonies other than conspiracy. 
540.29     Subd. 4.  [PATTERN OF CRIMINAL ACTIVITY.] (a) " Pattern of 
540.30  criminal activity" means conduct constituting three or more 
540.31  criminal acts specified in paragraph (b) that: 
540.32     (1) were committed within ten years of the commencement of 
540.33  the criminal proceeding; 
540.34     (2) are neither isolated incidents, nor so closely related 
540.35  and connected in point of time or circumstance of commission as 
540.36  to constitute a single criminal offense; and 
541.1      (3) were either: 
541.2      (i) related to one another through a common scheme or plan 
541.3   or a shared criminal purpose; or 
541.4      (ii) committed, solicited, requested, importuned, or 
541.5   intentionally aided by persons acting with the mental 
541.6   culpability required for the commission of the criminal acts and 
541.7   associated with or in an enterprise involved in those activities.
541.8      (b) A criminal act is covered by paragraph (a) if it is 
541.9   conduct constituting, or a conspiracy or attempt to commit, a 
541.10  felony violation of: 
541.11     (i) chapter 609F (controlled substances); 
541.12     (ii) sections 297D.09 (marijuana and controlled substance); 
541.13  299F.79 (unauthorized possession of components); 299F.80 
541.14  (unauthorized possession of explosives or blasting agents); 
541.15  299F.82 (illegal transfer); 609C.11 (murder); 609C.15 
541.16  (manslaughter); 609C.21 (assault); 609C.51 (criminal sexual 
541.17  conduct); 609C.81 (robbery); 609C.83 (coercion); 609D.11 
541.18  (kidnapping); 609D.61 (terroristic conduct); 609E.61 (machine 
541.19  gun or short-barreled shotgun); 609E.67 (metal-penetrating 
541.20  bullets); 609E.73, subdivision 6, paragraph (a) (explosive or 
541.21  incendiary device); 609E.82 (certain persons not to have 
541.22  weapons); 609G.11 (theft); 609G.21 (possessing stolen property); 
541.23  609H.11 (arson); 609H.311 or 609H.313 (first or second degree 
541.24  burglary); 609H.77 (commercial bribery); 609J.45 (adulteration); 
541.25  609K.21 (bribery); 609K.51 (perjury); 609K.53 (escape from 
541.26  custody); 609K.63 (aiding offender); 609K.65 (concealing 
541.27  criminal proceeds); 609K.67 (engaging in business of concealing 
541.28  criminal proceeds); 609K.73 (tampering with witness); 609L.11 
541.29  (prostitution); and 609L.17 (receiving profit from prostitution).
541.30     Sec. 102.  [609J.95] [RACKETEERING.] 
541.31     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does the 
541.32  following is guilty of racketeering and may be sentenced as 
541.33  provided in section 609J.955: 
541.34     (a) is employed by or associated with an enterprise and 
541.35  intentionally conducts or participates in the affairs of the 
541.36  enterprise by participating in a pattern of criminal activity; 
542.1      (b) acquires or maintains an interest in or control of an 
542.2   enterprise, or an interest in real property, by participating in 
542.3   a pattern of criminal activity; or 
542.4      (c) participates in a pattern of criminal activity and 
542.5   knowingly invests any proceeds derived from that conduct, or any 
542.6   proceeds derived from the investment or use of those proceeds, 
542.7   in an enterprise or in real property.  
542.8      Subd. 2.  [PERMITTED ACTIVITIES.] For purposes of this 
542.9   section, it is not unlawful to: 
542.10     (a) purchase securities on the open market with intent to 
542.11  make an investment, and without the intent of controlling or 
542.12  participating in the control of the issuer, or of assisting 
542.13  another to do so, if the securities of the issuer held by the 
542.14  purchaser, the members of the purchaser's immediate family, and 
542.15  the purchaser's accomplices in a pattern of criminal activity do 
542.16  not amount in the aggregate to five percent of the outstanding 
542.17  securities of any one class and do not confer, either in the law 
542.18  or in fact, the power to elect one or more directors of the 
542.19  issuer; 
542.20     (b) make a deposit in an account maintained in a savings 
542.21  association, or a deposit in any other financial institution, 
542.22  that creates an ownership interest in that association or 
542.23  institution; or 
542.24     (c) purchase nonvoting shares in a limited partnership, 
542.25  with intent to make an investment, and without the intent of 
542.26  controlling or participating in the control of the partnership. 
542.27     Sec. 103.  [609J.955] [FELONY RACKETEERING.] 
542.28     Subdivision 1.  [PENALTY.] Whoever violates section 609J.95 
542.29  may be sentenced to imprisonment for not more than 20 years or 
542.30  to payment of a fine of not more than $1,000,000, or both. 
542.31     Subd. 2.  [FINE.] In lieu of the fine authorized by 
542.32  subdivision 1, a person convicted of violating section 609J.95, 
542.33  who received economic gain from the act or caused economic loss 
542.34  or personal injury during the act, may be sentenced to pay a 
542.35  fine calculated under this subdivision.  The maximum fine is 
542.36  three times the gross value gained or three times the gross loss 
543.1   caused, whichever is greater, plus court costs and the costs of 
543.2   investigation and prosecution reasonably incurred, less the 
543.3   value of any property forfeited under section 609M.71 (criminal 
543.4   forfeiture).  The district court shall hold a hearing to 
543.5   determine the amount of the fine authorized by this subdivision. 
543.6   In imposing a fine, the court shall consider the seriousness of 
543.7   the conduct, whether the amount of the fine is disproportionate 
543.8   to the conduct in which the person engaged, and its impact on 
543.9   victims and any legitimate enterprise involved in that conduct, 
543.10  as well as the economic circumstances of the convicted person, 
543.11  including the effect of the imposition of the fine on the 
543.12  person's immediate family.  For purposes of this subdivision, 
543.13  loss does not include pain and suffering.  
543.14     Subd. 3.  [INJUNCTIVE RELIEF.] After the entry of a 
543.15  judgment that includes a fine or an order of criminal forfeiture 
543.16  under section 609M.71 (criminal forfeiture), the district court 
543.17  may enter a restraining order or injunction, require the 
543.18  execution of a satisfactory performance bond, or take other 
543.19  action, including the appointment of a receiver, that the court 
543.20  deems proper to protect the interests of the prosecuting 
543.21  authority in collecting the money or forfeiture or an innocent 
543.22  party. 
543.23     Subd. 4.  [DISPOSITION OF FINE PROCEEDS.] The court shall 
543.24  apply fines collected under this section to the costs and 
543.25  expenses of investigation and prosecution, including costs of 
543.26  resources and personnel incurred in investigation and 
543.27  prosecution and the balance, if any, as provided under section 
543.28  574.34.  
543.29     Subd. 5.  [RESTITUTION.] (a) In a settlement discussion or 
543.30  before the imposition of a sentence under this section, the 
543.31  prosecuting authority shall vigorously advocate full and 
543.32  complete restitution to an aggrieved person.  Before the 
543.33  acceptance of a plea or after a verdict but before the 
543.34  imposition of a sentence under this section, the district court 
543.35  must ensure that full and complete restitution has been duly 
543.36  effected or that a satisfactory explanation of why it is 
544.1   impractical has been made to the court. 
544.2      (b) A restitution payment to a victim under this 
544.3   subdivision does not limit the liability for damages in a civil 
544.4   action or proceeding for an amount greater than the restitution 
544.5   payment.  
544.6      Sec. 104.  [609J.97] [OTHER PROVISIONS REGARDING 
544.7   RACKETEERING.] 
544.8      Subdivision 1.  [CONSTRUCTION OF RACKETEERING 
544.9   PROVISIONS.] This section and sections 609J.95, 609J.955, and 
544.10  609M.71 to 609M.77 shall be liberally construed to achieve their 
544.11  remedial purposes of curtailing racketeering activity and 
544.12  controlled substance crime and lessening their economic and 
544.13  political power in Minnesota.  
544.14     Subd. 2.  [RELATION TO OTHER SANCTIONS.] Except as provided 
544.15  in this section, a criminal penalty, forfeiture, or fine imposed 
544.16  under section 609J.95, 609.955, 609M.71 (criminal forfeiture), 
544.17  or subdivisions 3 to 7 does not preclude the application of any 
544.18  other criminal penalty or civil remedy for the separate criminal 
544.19  acts.  A prosecuting authority may not file a civil action under 
544.20  subdivisions 3 to 7 if any prosecuting authority has filed a 
544.21  previous criminal proceeding under section 609J.95 against the 
544.22  same person based on the same criminal conduct and the charges 
544.23  were dismissed after jeopardy attached or the person acquitted.  
544.24     Subd. 3.  [CIVIL REMEDIES.] (a) The prosecuting authority 
544.25  may institute civil proceedings in district court against a 
544.26  person seeking relief from conduct constituting a violation of 
544.27  section 609J.95 or to prevent or restrain future violations. 
544.28     (b) If the prosecuting authority proves the alleged 
544.29  violation by a preponderance of the evidence, and the court has 
544.30  made due provision for the rights of innocent persons, the court 
544.31  may: 
544.32     (1) order a defendant to divest an interest in an 
544.33  enterprise or in real property; 
544.34     (2) impose reasonable restrictions on the future activities 
544.35  or investments of a defendant, including prohibiting a defendant 
544.36  from engaging in the same type of endeavor as the enterprise in 
545.1   which the defendant was engaged in violation of section 609J.95; 
545.2      (3) order the dissolution or reorganization of an 
545.3   enterprise; 
545.4      (4) order the suspension or revocation of a license, 
545.5   permit, or prior approval granted to an enterprise by a state 
545.6   agency; or 
545.7      (5) order the surrender of the charter of a corporation 
545.8   organized under Minnesota law, dissolution of an enterprise, or 
545.9   the revocation of a certificate authorizing a foreign 
545.10  corporation to conduct business in Minnesota, if the court finds 
545.11  that: 
545.12     (i) the board of directors or a managerial agent acting on 
545.13  behalf of the corporation, in conducting the affairs of the 
545.14  corporation, authorized or engaged in conduct prohibited by 
545.15  section 609J.95; and 
545.16     (ii) the public interest in preventing future criminal 
545.17  conduct requires the action.  
545.18     Subd. 4.  [INJUNCTIVE RELIEF.] In a proceeding under this 
545.19  section, the court may grant injunctive relief.  
545.20     Subd. 5.  [CIVIL PENALTY.] The prosecuting authority may 
545.21  institute proceedings against an enterprise or an individual to 
545.22  recover a civil penalty.  The penalty may be imposed in the 
545.23  discretion of the district court for conduct constituting a 
545.24  violation of section 609J.95.  The civil penalty may not exceed 
545.25  $1,000,000 less a fine imposed under section 609J.95.  Penalties 
545.26  collected under this section must be applied to the costs and 
545.27  expenses of investigation and prosecution, including costs of 
545.28  resources and personnel incurred in investigation and 
545.29  prosecution, and the balance, if any, to the state general fund. 
545.30     Subd. 6.  [ATTORNEY FEES.] If the district court issues an 
545.31  injunction, or grants other relief under this section, or the 
545.32  prosecuting authority otherwise substantially prevails, the 
545.33  prosecuting authority shall also recover reasonable attorney 
545.34  fees in the trial and appellate courts and costs of 
545.35  investigation and litigation reasonably incurred.  
545.36     Subd. 7.  [PERSONAL JURISDICTION.] Personal service of 
546.1   process in a proceeding under this section may be made on any 
546.2   person outside of Minnesota if the person was a principal in any 
546.3   conduct constituting a violation of section 609J.95 in this 
546.4   state.  The person is deemed to have submitted to the 
546.5   jurisdiction of the courts of this state for the purposes of 
546.6   this section.  
546.7      Subd. 8.  [NOTICE TO OTHER PROSECUTING AUTHORITIES.] When a 
546.8   county attorney begins an investigation involving this section 
546.9   and sections 609J.95, 609J.955, and 609M.71 to 609M.77, the 
546.10  county attorney shall notify the attorney general.  When the 
546.11  attorney general begins an investigation involving this section 
546.12  and sections 609J.95, 609J.955, and 609M.71 to 609M.77, the 
546.13  attorney general shall notify the county attorney of each county 
546.14  in which a substantial part of the investigation is likely to be 
546.15  conducted. 
546.16                             ARTICLE 14 
546.17                     CRIMES AGAINST GOVERNMENT 
546.18                CRIMES AGAINST GOVERNMENT GENERALLY 
546.19     Section 1.  [609K.11] [TREASON.] 
546.20     Subdivision 1.  [SPECIAL DEFINITION OF LEVYING 
546.21  WAR.] "Levying war" includes an act of war or an insurrection of 
546.22  several persons with intent to prevent, by force and 
546.23  intimidation, the execution of a statute of the state, or to 
546.24  force its repeal.  Levying war does not include either a 
546.25  conspiracy to commit an act of war or a single instance of 
546.26  resistance for a private purpose to the execution of a law. 
546.27     Subd. 2.  [UNLAWFUL CONDUCT.] A person owing allegiance to 
546.28  this state who does either of the following is guilty of treason 
546.29  against this state and may be sentenced to life imprisonment as 
546.30  provided in section 609K.135: 
546.31     (a) levies war against this state; or 
546.32     (b) adheres to the enemies of this state, giving them aid 
546.33  and comfort. 
546.34     Subd. 3.  [TESTIMONY REQUIRED.] No person shall be 
546.35  convicted of treason except on the testimony of two witnesses to 
546.36  the same overt act, or on the person's confession in open court. 
547.1      Sec. 2.  [609K.115] [FELONY TREASON.] 
547.2      A person who violates section 609K.11 may be sentenced to 
547.3   life imprisonment. 
547.4      Sec. 3.  [609K.13] [MISPRISION OF TREASON.] 
547.5      Whoever, owing allegiance to this state and having 
547.6   knowledge of the commission of treason against this state, does 
547.7   not, as soon as may be, disclose and make it known to the 
547.8   governor or a judge of the supreme court, court of appeals, or 
547.9   district court, is guilty of misprision of treason against this 
547.10  state and may be sentenced as provided in section 609K.135. 
547.11     Sec. 4.  [609K.135] [FELONY MISPRISION OF TREASON.] 
547.12     Whoever violates section 609K.13 may be sentenced to 
547.13  imprisonment for not more than five years or to payment of a 
547.14  fine of not more than $10,000, or both. 
547.15     Sec. 5.  [609K.15] [STATE MILITARY FORCES INTERFERENCE.] 
547.16     Whoever, when the United States is at war, does either of 
547.17  the following is guilty of military forces interference and may 
547.18  be sentenced as provided in section 609K.155: 
547.19     (a) intentionally makes or conveys false reports or 
547.20  statements with intent to interfere with the operation or 
547.21  success of the military or naval forces of this state; or 
547.22     (b) intentionally causes or incites insubordination, 
547.23  disloyalty, mutiny, or refusal of duty in the military or naval 
547.24  forces of this state, or obstructs the recruiting or enlistment 
547.25  service of this state. 
547.26     Sec. 6.  [609K.155] [FELONY STATE MILITARY FORCES 
547.27  INTERFERENCE.] 
547.28     Whoever violates section 609K.15 may be sentenced to 
547.29  imprisonment for not more than 20 years or to payment of a fine 
547.30  of not more than $40,000, or both. 
547.31     Sec. 7.  [609K.17] [UNAUTHORIZED PRESENCE AT CAMP RIPLEY.] 
547.32     A person is guilty of unauthorized presence at Camp Ripley 
547.33  and may be sentenced as provided in section 609K.173 or 609K.175 
547.34  if the person intentionally and without authorization of the 
547.35  adjutant general enters or is present on the Camp Ripley 
547.36  military reservation. 
548.1      Sec. 8.  [609K.173] [FELONY UNAUTHORIZED PRESENCE AT CAMP 
548.2   RIPLEY.] 
548.3      A person who violates section 609K.17 may be sentenced to 
548.4   imprisonment for not more than five years or to payment of a 
548.5   fine of not more than $10,000, or both, if the person: 
548.6      (a) intentionally enters or is present in an area at the 
548.7   Camp Ripley military reservation that is posted by order of the 
548.8   adjutant general as restricted for weapon firing or other 
548.9   hazardous military activity; and 
548.10     (b) knows that doing so creates a risk of death, bodily 
548.11  harm, or serious property damage. 
548.12     Sec. 9.  [609K.175] [SECOND DEGREE MISDEMEANOR UNAUTHORIZED 
548.13  PRESENCE AT CAMP RIPLEY.] 
548.14     Except as provided in section 609K.173, whoever violates 
548.15  section 609K.17 is guilty of a second degree misdemeanor. 
548.16     Sec. 10.  [609K.19] [FALSE TAX STATEMENT.] 
548.17     Whoever, in making any statement, oral or written, that is 
548.18  required or authorized by law to be made as a basis of imposing, 
548.19  reducing, or abating any tax or assessment, intentionally makes 
548.20  any statement as to any material matter that the maker of the 
548.21  statement knows is false is guilty of false tax statement and 
548.22  may be sentenced, unless otherwise provided by law, as provided 
548.23  in section 609K.195. 
548.24     Sec. 11.  [609K.195] [FIRST DEGREE MISDEMEANOR FALSE TAX 
548.25  STATEMENT.] 
548.26     Whoever violates section 609K.19 is guilty of a first 
548.27  degree misdemeanor. 
548.28            CRIMES AFFECTING PUBLIC OFFICER OR EMPLOYEE 
548.29     Sec. 12.  [609K.21] [BRIBERY.] 
548.30     Subdivision 1.  [ACTS CONSTITUTING.] A person is guilty of 
548.31  bribery and may be sentenced as provided in section 609K.215 if 
548.32  the person: 
548.33     (a) offers, gives, or promises to give, directly or 
548.34  indirectly, to any person who is a public officer or employee 
548.35  any benefit, reward or consideration to which the person is not 
548.36  legally entitled with intent thereby to influence the person's 
549.1   performance of the powers or duties as such officer or employee; 
549.2      (b) being a public officer or employee, requests, receives 
549.3   or agrees to receive, directly or indirectly, any such benefit, 
549.4   reward or consideration upon the understanding that it will have 
549.5   such an influence; 
549.6      (c) offers, gives, or promises to give, directly or 
549.7   indirectly any such benefit, reward, or consideration to a 
549.8   person who is a witness or about to become a witness in a 
549.9   proceeding before a judicial or hearing officer, with intent 
549.10  that the person's testimony be influenced thereby, or that the 
549.11  person will not appear at the proceeding; 
549.12     (d) as a person who is, or is about to become such witness 
549.13  requests, receives, or agrees to receive, directly or 
549.14  indirectly, any such benefit, reward, or consideration upon the 
549.15  understanding that the person's testimony will be so influenced, 
549.16  or that the person will not appear at the proceeding; or 
549.17     (e) accepts directly or indirectly a benefit, reward or 
549.18  consideration upon an agreement or understanding, express or 
549.19  implied, that the acceptor will refrain from giving information 
549.20  that may lead to the prosecution of a crime or purported crime 
549.21  or that the acceptor will abstain from, discontinue, or delay 
549.22  prosecution therefor, except in a case where a compromise is 
549.23  allowed by law. 
549.24     Subd. 2.  [FORFEITURE OF OFFICE.] Any public officer who is 
549.25  convicted of violating or attempting to violate subdivision 1 
549.26  shall forfeit the public officer's office and be forever 
549.27  disqualified from holding public office under the state. 
549.28     Sec. 13.  [609K.215] [FELONY BRIBERY.] 
549.29     Whoever violates section 609K.21 may be sentenced to 
549.30  imprisonment for not more than ten years or to payment of a fine 
549.31  of not more than $20,000, or both. 
549.32     Sec. 14.  [609K.23] [CORRUPT INFLUENCE OF LEGISLATOR.] 
549.33     Whoever by menace, deception, concealment of facts, or 
549.34  other corrupt means, attempts to influence the vote or other 
549.35  performance of duty of any member of the legislature or person 
549.36  elected thereto is guilty of corruptly influencing legislator 
550.1   and may be sentenced as provided in section 609K.235. 
550.2      Sec. 15.  [609K.235] [FELONY CORRUPT INFLUENCE OF 
550.3   LEGISLATOR.] 
550.4      Whoever violates section 609K.23 may be sentenced to 
550.5   imprisonment for not more than five years or to payment of a 
550.6   fine of not more than $10,000, or both. 
550.7      Sec. 16.  [609K.25] [PUBLIC OFFICER OR EMPLOYEE 
550.8   MISCONDUCT.] 
550.9      A public officer or employee is guilty of public officer or 
550.10  employee misconduct and may be sentenced as provided in section 
550.11  609K.255 if the public officer or employee: 
550.12     (a) intentionally fails or refuses to perform a known 
550.13  mandatory, nondiscretionary, ministerial duty of the office or 
550.14  employment within the time or in the manner required by law; 
550.15     (b) in the capacity of such officer or employee, does an 
550.16  act knowing it is in excess of lawful authority or knowing it is 
550.17  forbidden by law to be done in that capacity; 
550.18     (c) under pretense or color of official authority 
550.19  intentionally and unlawfully injures another in the other's 
550.20  person, property, or rights; or 
550.21     (d) in the capacity of such officer or employee, makes a 
550.22  return, certificate, official report, or other like document 
550.23  having knowledge it is false in any material respect. 
550.24     Sec. 17.  [609K.255] [FIRST DEGREE MISDEMEANOR PUBLIC 
550.25  OFFICER OR EMPLOYEE MISCONDUCT.] 
550.26     Whoever violates section 609K.25 is guilty of a first 
550.27  degree misdemeanor. 
550.28     Sec. 18.  [609K.27] [OFFICER NOT FILING SECURITY.] 
550.29     Whoever intentionally performs the functions of a public 
550.30  officer without having executed and duly filed the required 
550.31  security is guilty of officer not filing security, and may be 
550.32  sentenced as provided in section 609K.275. 
550.33     Sec. 19.  [609K.275] [SECOND DEGREE MISDEMEANOR OFFICER NOT 
550.34  FILING SECURITY.] 
550.35     Whoever violates section 609K.27 is guilty of a second 
550.36  degree misdemeanor. 
551.1      Sec. 20.  [609K.29] [ILLEGALLY ASSUMING PUBLIC OFFICE.] 
551.2      Whoever intentionally and without lawful right thereto, 
551.3   exercises a function of a public office or, having held the 
551.4   office and the right thereto having ceased, refuses to surrender 
551.5   the office or its seal, books, papers, or other incidents to a 
551.6   successor or other authority entitled thereto is guilty of 
551.7   illegally assuming public office and may be sentenced as 
551.8   provided in section 609K.295. 
551.9      Sec. 21.  [609K.295] [FIRST DEGREE MISDEMEANOR ILLEGALLY 
551.10  ASSUMING PUBLIC OFFICE.] 
551.11     Whoever violates section 609K.29 is guilty of a first 
551.12  degree gross misdemeanor. 
551.13     Sec. 22.  [609K.31] [FAILURE TO PAY STATE FUNDS.] 
551.14     Whoever receives money on behalf of or for the account of 
551.15  the state or any of its agencies or subdivisions and 
551.16  intentionally refuses or omits to pay the money to the state or 
551.17  its agency or subdivision entitled thereto, or to an officer or 
551.18  agent authorized to receive the money, is guilty of failure to 
551.19  pay state funds and may be sentenced as provided in section 
551.20  609K.315. 
551.21     Sec. 23.  [609K.315] [FELONY FAILURE TO PAY STATE FUNDS.] 
551.22     Whoever violates section 609K.31 may be sentenced to 
551.23  imprisonment for not more than five years or to payment of a 
551.24  fine of not more than $10,000, or both. 
551.25     Sec. 24.  [609K.33] [UNAUTHORIZED COMPENSATION OF PUBLIC 
551.26  OFFICER.] 
551.27     Whoever is a public officer or public employee and under 
551.28  color of office or employment intentionally asks, receives, or 
551.29  agrees to receive a fee or other compensation in excess of that 
551.30  allowed by law or where no such fee or compensation is allowed, 
551.31  is guilty of unauthorized compensation of public officer and may 
551.32  be sentenced as provided in section 609K.335. 
551.33     Sec. 25.  [609K.335] [FIRST DEGREE MISDEMEANOR UNAUTHORIZED 
551.34  COMPENSATION OF PUBLIC OFFICER.] 
551.35     Whoever violates section 609K.33 is guilty of a first 
551.36  degree misdemeanor. 
552.1      Sec. 26.  [609K.35] [PERMITTING FALSE CLAIM AGAINST 
552.2   GOVERNMENT.] 
552.3      A public officer or employee who audits, allows, or pays 
552.4   any claim or demand made upon the state or subdivision thereof 
552.5   or other governmental instrumentality within the state that the 
552.6   public officer or employee knows is false or fraudulent in whole 
552.7   or in part, is guilty of permitting false claim against 
552.8   government and may be sentenced as provided in section 609K.355. 
552.9      Sec. 27.  [609K.355] [FELONY PERMITTING FALSE CLAIM AGAINST 
552.10  GOVERNMENT.] 
552.11     Whoever violates section 609K.35 may be sentenced to 
552.12  imprisonment for not more than five years or to payment of a 
552.13  fine of not more than $10,000, or both. 
552.14     Sec. 28.  [609K.37] [REQUIRED REPORTING TO STATE AUDITOR.] 
552.15     Whenever a public employee or public officer of a political 
552.16  subdivision discovers evidence of theft, embezzlement, or 
552.17  unlawful use of public funds or property, the employee or 
552.18  elected official shall, except when to do so would knowingly 
552.19  impede or otherwise interfere with an ongoing criminal 
552.20  investigation, promptly report in writing to the state auditor a 
552.21  detailed description of the alleged incident or incidents. 
552.22     Sec. 29.  [609K.39] [PRESENTING FALSE CLAIM TO PUBLIC 
552.23  OFFICER OR BODY.] 
552.24     Whoever, with intent to defraud, presents a claim or 
552.25  demand, with knowledge that it is false in whole or in part, for 
552.26  audit, allowance, or payment to a public officer or body 
552.27  authorized to make the audit, allowance, or payment is guilty of 
552.28  an attempt to commit theft and may be sentenced as provided in 
552.29  section 609K.395. 
552.30     Sec. 30.  [609K.395] [PENALTY FOR PRESENTING FALSE CLAIM TO 
552.31  PUBLIC OFFICER OR BODY.] 
552.32     Whoever violates section 609K.39 may be sentenced to not 
552.33  more than one-half of the maximum incarceration or fine or both 
552.34  provided in section 609G.112 or 609G.113 (second or third degree 
552.35  felony theft). 
552.36     Sec. 31.  [609K.41] [MEDICAL ASSISTANCE FRAUD.] 
553.1      Any person who, with the intent to defraud, presents a 
553.2   claim for reimbursement, a cost report or a rate application, 
553.3   relating to the payment of medical assistance funds pursuant to 
553.4   chapter 256B, to the state agency, that is false in whole or in 
553.5   part, is guilty of an attempt to commit theft and may be 
553.6   sentenced as provided in section 609K.415. 
553.7      Sec. 32.  [609K.415] [PENALTY FOR MEDICAL ASSISTANCE 
553.8   FRAUD.] 
553.9      Whoever violates section 609K.41 may be sentenced to not 
553.10  more than one-half of the maximum incarceration or fine or both 
553.11  provided in section 609G.112 or 609G.113 (second or third degree 
553.12  felony theft). 
553.13     Sec. 33.  [609K.43] [INTERFERING WITH PROPERTY IN OFFICIAL 
553.14  CUSTODY.] 
553.15     Subdivision 1.  [ACTS CONSTITUTING.] Whoever intentionally 
553.16  takes, damages, or destroys any personal property held in 
553.17  custody by an officer or other person under process of law is 
553.18  guilty of interfering with property in official custody and may 
553.19  be sentenced as provided in section 609K.435. 
553.20     Subd. 2.  [PROSECUTION NOT LIMITED.] Where appropriate, a 
553.21  person may be prosecuted under sections 609G.112 or 609G.113 
553.22  (second or third degree felony theft) or 609H.411 (felony 
553.23  property damage) rather than under subdivision 1. 
553.24     Sec. 34.  [609K.435] [GROSS MISDEMEANOR INTERFERENCE WITH 
553.25  PROPERTY IN OFFICIAL CUSTODY.] 
553.26     Whoever violates section 609K.43 is guilty of a gross 
553.27  misdemeanor. 
553.28     Sec. 35.  [609K.45] [IMPERSONATING OFFICER.] 
553.29     Whoever falsely impersonates a police or military officer 
553.30  or public official with intent to mislead another into believing 
553.31  that the impersonator is actually such officer or official is 
553.32  guilty of impersonating an officer and may be sentenced as 
553.33  provided in section 609K.455. 
553.34     Sec. 36.  [609K.455] [SECOND DEGREE MISDEMEANOR 
553.35  IMPERSONATING OFFICER.] 
553.36     Whoever violates section 609K.45 is guilty of a second 
554.1   degree misdemeanor. 
554.2             CRIMES AGAINST THE ADMINISTRATION OF JUSTICE 
554.3      Sec. 37.  [609K.51] [PERJURY.] 
554.4      Subdivision 1.  [ACTS CONSTITUTING.] Whoever makes a false 
554.5   material statement not believing it to be true in any of the 
554.6   following cases is guilty of perjury and may be sentenced as 
554.7   provided in section 609K.513 or 609K.515: 
554.8      (a) in or for an action, hearing or proceeding of any kind 
554.9   in which the statement is required or authorized by law to be 
554.10  made under oath or affirmation; 
554.11     (b) in any writing that is required or authorized by law to 
554.12  be under oath or affirmation; or 
554.13     (c) in any other case in which the penalties for perjury 
554.14  are imposed by law and no specific sentence is otherwise 
554.15  provided. 
554.16     Subd. 2.  [DEFENSES NOT AVAILABLE.] It is not a defense to 
554.17  a violation of this section that: 
554.18     (a) the oath or affirmation was taken or administered in an 
554.19  irregular manner; 
554.20     (b) the declarant was not competent to give the statement; 
554.21     (c) the declarant did not know that the statement was 
554.22  material or believed it to be immaterial; 
554.23     (d) the statement was not used or, if used, did not affect 
554.24  the proceeding for which it was made; or 
554.25     (e) the statement was inadmissible under the rules of 
554.26  evidence. 
554.27     Subd. 3.  [INCONSISTENT STATEMENTS.] When the declarant has 
554.28  made two inconsistent statements under such circumstances that 
554.29  one or the other must be false and not believed by the declarant 
554.30  when made, it is sufficient for conviction under this section to 
554.31  charge and the jury to find that, without determining which, one 
554.32  or the other of the statements was false and not believed by the 
554.33  declarant.  The period of limitations for prosecution under this 
554.34  subdivision runs from the first such statement. 
554.35     Sec. 38.  [609K.513] [FIRST DEGREE FELONY PERJURY.] 
554.36     A person who violates section 609K.51 may be sentenced to 
555.1   imprisonment for not more than seven years or to payment of a 
555.2   fine of not more than $14,000, or both if the false statement 
555.3   was made upon: 
555.4      (a) the trial of a felony charge; or 
555.5      (b) an application for an explosives license or use permit. 
555.6      Sec. 39.  [609K.515] [SECOND DEGREE FELONY PERJURY.] 
555.7      Except as provided in section 609K.513, whoever violates 
555.8   section 609K.51 may be sentenced to imprisonment for not more 
555.9   than five years or to payment of a fine of not more than 
555.10  $10,000, or both. 
555.11     Sec. 40.  [609K.53] [ESCAPE FROM CUSTODY.] 
555.12     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does any of 
555.13  the following is guilty of escape from custody and may be 
555.14  sentenced as provided in sections 609K.531 to 609K.535: 
555.15     (a) escapes while held in lawful custody on a charge or 
555.16  conviction of a crime, or while held in lawful custody on an 
555.17  allegation or adjudication of a delinquent act; 
555.18     (b) transfers to another, who is in lawful custody on a 
555.19  charge or conviction of a crime, or introduces into an 
555.20  institution in which the latter is confined, anything usable in 
555.21  making such escape, with intent that it shall be so used; 
555.22     (c) having another in lawful custody on a charge or 
555.23  conviction of a crime, intentionally permits the other to 
555.24  escape; 
555.25     (d) escapes while in a facility designated under section 
555.26  253B.18, subdivision 1, pursuant to a court commitment order 
555.27  after a finding of not guilty by reason of mental illness or 
555.28  mental deficiency of a crime against the person, as defined in 
555.29  section 253B.02, subdivision 4a.  Notwithstanding section 
555.30  609A.91 (attempts), no person may be charged with or convicted 
555.31  of an attempt to commit a violation of this paragraph; or 
555.32     (e) escapes while in a facility designated under section 
555.33  253B.18, subdivision 1, pursuant to a court commitment order 
555.34  under section 253B.185 or Minnesota Statutes 1992, section 
555.35  526.10. 
555.36     Subd. 2.  [EXCEPTIONS.] This section does not apply to a 
556.1   person who is free on bail or who is on parole or probation, or 
556.2   subject to a stayed sentence or stayed execution of sentence, 
556.3   unless the person: 
556.4      (a) has been taken into actual custody upon revocation of 
556.5   the parole, probation, or stay of the sentence or execution of 
556.6   sentence; or 
556.7      (b) is in custody in a county jail or workhouse as a 
556.8   condition of a stayed sentence.  
556.9      Subd. 3.  [DISMISSAL OF CHARGE.] A felony charge brought 
556.10  under subdivision 1, paragraph (d), shall be dismissed if the 
556.11  person charged voluntarily returns to the facility within 30 
556.12  days after a reasonable effort has been made to provide written 
556.13  notice to the person that failure to return within 30 days may 
556.14  result in felony charges being filed. 
556.15     Subd. 4.  [CONSECUTIVE SENTENCE.] Unless a concurrent term 
556.16  is specified by the court, a sentence under this section is 
556.17  consecutive to any sentence previously imposed or that may be 
556.18  imposed for any crime or offense for which the person was in 
556.19  custody when the person escaped. 
556.20     Subd. 5.  [ESCAPE FROM CUSTODY OF COMMISSIONER.] 
556.21  Notwithstanding subdivision 4, if a person who was committed to 
556.22  the commissioner of corrections under section 260.185 escapes 
556.23  from the custody of the commissioner while 18 years of age, the 
556.24  person's sentence under this section shall commence on the 
556.25  person's 19th birthday or on the person's date of discharge by 
556.26  the commissioner of corrections, whichever occurs first.  
556.27  However, if the person described in this clause is convicted 
556.28  under this section after becoming 19 years old and after having 
556.29  been discharged by the commissioner, the person's sentence shall 
556.30  commence upon imposition by the sentencing court. 
556.31     Subd. 6.  [ESCAPE FROM JUVENILE CORRECTIONAL 
556.32  FACILITY.] Notwithstanding subdivision 4, if a person who is in 
556.33  lawful custody on an allegation or adjudication of a delinquent 
556.34  act while 18 years of age escapes from a local juvenile 
556.35  correctional facility, the person's sentence under this section 
556.36  begins on the person's 19th birthday or on the person's date of 
557.1   discharge from the jurisdiction of the juvenile court, whichever 
557.2   occurs first.  However, if the person described in this 
557.3   paragraph is convicted after becoming 19 years old and after 
557.4   discharge from the jurisdiction of the juvenile court, the 
557.5   person's sentence begins upon imposition by the sentencing court.
557.6      Sec. 41.  [609K.531] [FIRST DEGREE FELONY ESCAPE FROM 
557.7   CUSTODY.] 
557.8      A person who violates section 609K.53 may be sentenced to 
557.9   imprisonment for not more than ten years or to payment of a fine 
557.10  of not more than $20,000 if: 
557.11     (a) the person who escapes is in lawful custody on a charge 
557.12  or conviction of a felony; 
557.13     (b) the escape was a violation of section 609K.53, 
557.14  subdivision 1, paragraph (a), (b), or (c); and 
557.15     (c) the escape was effected by violence or threat of 
557.16  violence against a person. 
557.17     Sec. 42.  [609K.532] [SECOND DEGREE FELONY ESCAPE FROM 
557.18  CUSTODY.] 
557.19     Except as otherwise provided in section 609K.531, a person 
557.20  who violates section 609K.53 may be sentenced to imprisonment 
557.21  for not more than five years or to payment of a fine of not more 
557.22  than $10,000, or both if the person who escapes is in lawful 
557.23  custody on a charge or conviction of a felony. 
557.24     Sec. 43.  [609K.533] [THIRD DEGREE FELONY ESCAPE FROM 
557.25  CUSTODY.] 
557.26     A person who violates section 609K.53 may be sentenced to 
557.27  imprisonment for not more than two years or to payment of a fine 
557.28  of not more than $4,000 if: 
557.29     (a) the person who escapes is in lawful custody on a charge 
557.30  or conviction of a gross misdemeanor or misdemeanor; 
557.31     (b) the escape was a violation of section 609K.53, 
557.32  subdivision 1, paragraph (a), (b), or (c); and 
557.33     (c) the escape was effected by violence or threat of 
557.34  violence against a person. 
557.35     Sec. 44.  [609K.534] [FOURTH DEGREE FELONY ESCAPE FROM 
557.36  CUSTODY.] 
558.1      A person who violates section 609K.53 may be sentenced to 
558.2   imprisonment for not more than one year and one day or to 
558.3   payment of a fine of not more than $3,000, or both, if the 
558.4   person who escapes is in lawful custody: 
558.5      (a) after a finding of not guilty by reason of mental 
558.6   illness or mental deficiency of a crime against the person, as 
558.7   defined in section 253B.02, subdivision 4a; or 
558.8      (b) pursuant to a court commitment order under section 
558.9   253B.185 or Minnesota Statutes 1992, section 526.10. 
558.10     Sec. 45.  [609K.535] [GROSS MISDEMEANOR ESCAPE FROM 
558.11  CUSTODY.] 
558.12     Except as provided in section 609K.533, a person who 
558.13  violates section 609K.53 is guilty of a gross misdemeanor if: 
558.14     (a) the charge or conviction is for a gross misdemeanor or 
558.15  misdemeanor; or 
558.16     (b) the person who escapes is in lawful custody on an 
558.17  allegation or adjudication of a delinquent act. 
558.18     Sec. 46.  [609K.55] [COMMITTING CRIME WITH BULLET-RESISTANT 
558.19  VEST.] 
558.20     Subdivision 1.  [SPECIAL DEFINITION OF BULLET-RESISTANT 
558.21  VEST.] As used in this section, "bullet-resistant vest" means a 
558.22  bullet-resistant garment that provides ballistic and trauma 
558.23  protection. 
558.24     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever commits or attempts 
558.25  to commit a gross misdemeanor or felony while wearing or 
558.26  possessing a bullet-resistant vest is guilty of committing crime 
558.27  with bullet-resistant vest and may be sentenced as provided in 
558.28  section 609K.555. 
558.29     Subd. 3.  [PROSECUTION NOT BAR TO CONVICTION.] 
558.30  Notwithstanding section 609A.31 (crime punishable under 
558.31  different provisions), a prosecution for or conviction under 
558.32  this section is not a bar to conviction of or punishment for any 
558.33  other crime committed by the defendant as part of the same 
558.34  conduct. 
558.35     Sec. 47.  [609K.555] [FELONY COMMITTING CRIME WITH 
558.36  BULLET-RESISTANT VEST.] 
559.1      Whoever violates section 609K.55 may be sentenced to 
559.2   imprisonment for not more than five years or to payment of a 
559.3   fine of not more than $10,000, or both. 
559.4      Sec. 48.  [609K.57] [FAILURE TO APPEAR.] 
559.5      Subdivision 1.  [FELONY DEFENDANT.] A person charged with 
559.6   or convicted of a felony and released from custody, with or 
559.7   without bail or recognizance, on condition that the releasee 
559.8   personally appear when required with respect to the charge or 
559.9   conviction, who intentionally fails to appear when required 
559.10  after having been notified that a failure to appear for a court 
559.11  appearance is a criminal offense, is guilty of failure to appear 
559.12  and may be sentenced as provided in section 609K.575. 
559.13     Subd. 2.  [JUVENILE OFFENDER.] A person who intentionally 
559.14  fails to appear for a juvenile court disposition is guilty of 
559.15  failure to appear if: 
559.16     (a) the person was prosecuted in juvenile court for an 
559.17  offense that would have been a felony if committed by an adult; 
559.18     (b) the juvenile court made findings pursuant to an 
559.19  admission in court or after trial; 
559.20     (c) the person was released from custody on condition that 
559.21  the person appear in the juvenile court for a disposition in 
559.22  connection with the offense; and 
559.23     (d) the person was notified that failure to appear is a 
559.24  criminal offense. 
559.25     Subd. 3.  [GROSS MISDEMEANOR OR MISDEMEANOR DEFENDANT.] A 
559.26  person charged with a gross misdemeanor or misdemeanor and 
559.27  intentionally fails to appear in court for trial on the charge 
559.28  after having been notified that a failure to appear for a court 
559.29  appearance is a criminal offense, is guilty of failing to appear 
559.30  and may be sentenced as provided in section 609K.577. 
559.31     Subd. 4.  [INFRACTION DEFENDANT.] Failure to respond to an 
559.32  infraction citation as provided in section 609N.11 constitutes 
559.33  an admission of the infraction. 
559.34     Subd. 5.  [AFFIRMATIVE DEFENSE.] If proven by a 
559.35  preponderance of the evidence, it is an affirmative defense to a 
559.36  violation of subdivision 1, 2, or 3 that the person's failure to 
560.1   appear in court as required was due to circumstances beyond the 
560.2   person's control. 
560.3      Subd. 6.  [PROSECUTION.] A violation of this section is 
560.4   prosecuted by the prosecuting authority who was responsible for 
560.5   prosecuting the offense in connection with which the person 
560.6   failed to appear in court. 
560.7      Sec. 49.  [609K.573] [FELONY FAILURE TO APPEAR.] 
560.8      Whoever violates section 609K.57, subdivision 2, may be 
560.9   sentenced to imprisonment for not more than five years or to 
560.10  payment of a fine of not more than $10,000, or both. 
560.11     Sec. 50.  [609K.575] [FIRST MISDEMEANOR FAILURE TO APPEAR.] 
560.12     Whoever violates section 609K.57, subdivision 1, is guilty 
560.13  of a first degree misdemeanor. 
560.14     Sec. 51.  [609K.577] [SECOND DEGREE MISDEMEANOR FAILURE TO 
560.15  APPEAR.] 
560.16     Whoever violates section 609K.57, subdivision 3, is guilty 
560.17  of a second degree misdemeanor. 
560.18                    SOLICITING CRIMINAL ACTIVITY 
560.19     Sec. 52.  [609K.59] [SOLICITING MENTALLY IMPAIRED PERSON.] 
560.20     Subdivision 1.  [UNLAWFUL CONDUCT.] A person is guilty of 
560.21  soliciting a mentally impaired person and may be sentenced as 
560.22  provided in section 609K.595 if the person solicits to commit a 
560.23  criminal act a person who, as a result of inadequately developed 
560.24  or impaired intelligence or a substantial psychiatric disorder 
560.25  of thought or mood, lacks the judgment to give a reasoned 
560.26  consent to commit the criminal act. 
560.27     Subd. 2.  [PROSECUTION NOT LIMITED.] Where appropriate, a 
560.28  person may be prosecuted under section 609A.11 (liability for 
560.29  crime of another) rather than under subdivision 1. 
560.30     Sec. 53.  [609K.595] [PENALTY FOR SOLICITING MENTALLY 
560.31  IMPAIRED PERSON.] 
560.32     A person who violates section 609K.59 may be sentenced to 
560.33  incarceration for not more than one-half the statutory maximum 
560.34  term for the intended criminal act or to payment of a fine of 
560.35  not more than one-half the maximum fine for the intended 
560.36  criminal act, or both. 
561.1      Sec. 54.  [609K.61] [SOLICITING JUVENILE.] 
561.2      Subdivision 1.  [ACTS CONSTITUTING.] A person is guilty of 
561.3   soliciting a juvenile and may be sentenced as provided in 
561.4   section 609K.615 if the person is an adult and: 
561.5      (a) solicits or conspires with a minor to commit a crime or 
561.6   delinquent act; or 
561.7      (b) is an accomplice to a minor in the commission of a 
561.8   crime or delinquent act. 
561.9      Subd. 2.  [MULTIPLE SENTENCES.] Notwithstanding section 
561.10  609A.31, a prosecution for or conviction under this section is 
561.11  not a bar to conviction of or punishment for any other crime 
561.12  committed by the defendant as part of the same conduct. 
561.13     Subd. 3.  [CONSECUTIVE SENTENCES.] Notwithstanding any 
561.14  provision of the sentencing guidelines, the court may provide 
561.15  that a sentence imposed for a violation of this section shall 
561.16  run consecutively to any sentence imposed for the intended 
561.17  criminal act.  A decision by the court to impose consecutive 
561.18  sentences under this subdivision is not a departure from the 
561.19  sentencing guidelines. 
561.20     Sec. 55.  [609K.615] [PENALTY FOR SOLICITING JUVENILE.] 
561.21     A person who violates section 609K.61 may be sentenced to 
561.22  incarceration for not more than one-half the statutory maximum 
561.23  term specified for an adult who commits the intended criminal 
561.24  act or to payment of a fine of not more than one-half the 
561.25  maximum fine specified for an adult who commits the intended 
561.26  criminal act, or both. 
561.27              AIDING AND CONCEALING CRIMINAL ACTIVITY 
561.28     Sec. 56.  [609K.63] [AIDING OFFENDER.] 
561.29     Subdivision 1.  [ACTS CONSTITUTING.] Whoever harbors, 
561.30  conceals, or aids another known by the actor to have committed a 
561.31  felony under the laws of this or another state or of the United 
561.32  States with intent that the offender shall avoid or escape from 
561.33  arrest, trial, conviction, or punishment is guilty of aiding an 
561.34  offender and may be sentenced as provided in section 609K.635. 
561.35     Subd. 2.  [ACCOMPLICE AFTER THE FACT.] (a) Whoever 
561.36  intentionally aids another person known by the actor to have 
562.1   committed a criminal act specified in paragraph (b), by 
562.2   destroying or concealing evidence of that crime, providing false 
562.3   or misleading information about that crime, receiving the 
562.4   proceeds of that crime, or otherwise obstructing the 
562.5   investigation or prosecution of that crime is an accomplice 
562.6   after the fact and may be sentenced to not more than one-half of 
562.7   the statutory maximum sentence of imprisonment or to payment of 
562.8   a fine of not more than one-half of the maximum fine that could 
562.9   be imposed on the principal offender for the crime. 
562.10     (b) Paragraph (a) applies to an act that is a crime listed 
562.11  in section 609A.49, subdivision 8 (minimum sentences of 
562.12  imprisonment), under the laws of this or another state, or of 
562.13  the United States, and also includes an act that would be such a 
562.14  crime if committed by an adult. 
562.15     Sec. 57.  [609K.635] [FELONY AIDING OFFENDER.] 
562.16     Whoever violates section 609K.63, subdivision 1, may be 
562.17  sentenced to imprisonment for not more than three years or to 
562.18  payment of a fine of not more than $6,000, or both. 
562.19     Sec. 58.  [609K.65] [CONCEALING CRIMINAL PROCEEDS.] 
562.20     Subdivision 1.  [SPECIAL DEFINITION OF MONETARY 
562.21  INSTRUMENT.] For purposes of this section, "monetary instrument" 
562.22  means United States currency and coin; the currency and coin of 
562.23  a foreign country; a bank check, cashier's check, traveler's 
562.24  check, money order, stock, investment security, or negotiable 
562.25  instrument in bearer form or otherwise in the form by which 
562.26  title to the instrument passes upon delivery; gold, silver, or 
562.27  platinum bullion or coins; and diamonds, emeralds, rubies, or 
562.28  sapphires. 
562.29     Subd. 2.  [UNLAWFUL CONDUCT.] A person is guilty of 
562.30  concealing criminal proceeds and may be sentenced as provided in 
562.31  section 609K.655 if the person: 
562.32     (a) conducts a transaction involving a monetary instrument 
562.33  or instruments with a value exceeding $5,000; and 
562.34     (b) knows or has reason to know that the monetary 
562.35  instrument or instruments represent the proceeds of, or are 
562.36  derived from the proceeds of, the commission of a felony under 
563.1   the criminal code or an offense in another jurisdiction that 
563.2   would be a felony under the criminal code if committed in 
563.3   Minnesota. 
563.4      Subd. 3.  [PAYMENT OF REASONABLE ATTORNEY 
563.5   FEES.] Subdivision 2 does not preclude the payment or receipt of 
563.6   reasonable attorney fees. 
563.7      Sec. 59.  [609K.655] [FELONY CONCEALING CRIMINAL PROCEEDS.] 
563.8      Whoever violates section 609K.65 may be sentenced to 
563.9   imprisonment for not more than ten years, or to payment of a 
563.10  fine of not more than $100,000, or both. 
563.11     Sec. 60.  [609K.67] [ENGAGING IN BUSINESS OF CONCEALING 
563.12  CRIMINAL PROCEEDS.] 
563.13     A person is guilty of engaging in a business of concealing 
563.14  criminal proceeds and may be sentenced as provided in section 
563.15  609K.675 if the person knowingly initiates, organizes, plans, 
563.16  finances, directs, manages, supervises, or otherwise engages in 
563.17  a business that has as a primary or secondary purpose concealing 
563.18  money or property that was gained as a direct result of the 
563.19  commission of: 
563.20     (a) a felony under the criminal code; or 
563.21     (b) an offense committed in another jurisdiction that would 
563.22  be a felony under the criminal code if committed in Minnesota. 
563.23     Sec. 61.  [609K.675] [FELONY ENGAGING IN BUSINESS OF 
563.24  CONCEALING CRIMINAL PROCEEDS.] 
563.25     Whoever violates section 609K.65 may be sentenced to 
563.26  imprisonment for not more than 20 years, or to payment of a fine 
563.27  of not more than $1,000,000, or both. 
563.28     Sec. 62.  [609K.68] [SECONDHAND DEALER REFUSING EXAMINATION 
563.29  OF STOLEN GOODS.] 
563.30     A person is guilty of secondhand dealer refusing 
563.31  examination of stolen goods and may be punished as provided in 
563.32  section 609K.685 if the person is a junk dealer or secondhand 
563.33  dealer, has stolen goods in possession, and refuses to permit a 
563.34  peace officer to examine them during usual business hours. 
563.35     Sec. 63.  [609K.685] [SECOND DEGREE MISDEMEANOR REFUSING 
563.36  EXAMINATION OF STOLEN GOODS.] 
564.1      Whoever violates section 609K.68 is guilty of a second 
564.2   degree misdemeanor. 
564.3                 INTERFERING WITH GOVERNMENT PROCESS 
564.4      Sec. 64.  [609K.69] [WARNING SUBJECT OF INVESTIGATION.] 
564.5      Whoever, having knowledge that a subpoena has been issued 
564.6   under section 8.16 (attorney general administrative subpoena) or 
564.7   388.23 (county attorney administrative subpoena), and with 
564.8   intent to obstruct, impede, or prevent the investigation for 
564.9   which the subpoena was issued, gives notice or attempts to give 
564.10  notice of the issuance of the subpoena or the production of the 
564.11  documents to a person, is guilty of warning subject of 
564.12  investigation and may be sentenced as provided in section 
564.13  609K.695. 
564.14     Sec. 65.  [609K.695] [FELONY WARNING SUBJECT OF 
564.15  INVESTIGATION.] 
564.16     Whoever violates section 609K.69 may be sentenced to 
564.17  imprisonment for nor more than five years or to payment of a 
564.18  fine for not more than $10,000, or both. 
564.19     Sec. 66.  [609K.71] [WARNING SUBJECT OF SURVEILLANCE OR 
564.20  SEARCH.] 
564.21     A person is guilty of warning a subject of surveillance or 
564.22  search and may be sentenced as provided in section 609K.715 if 
564.23  the person: 
564.24     (a) having knowledge that an investigative or law 
564.25  enforcement officer has been authorized or has applied for 
564.26  authorization under chapter 626A to intercept a wire, oral, or 
564.27  electronic communication, and with intent to obstruct, impede, 
564.28  or prevent interception, gives notice or attempts to give notice 
564.29  of the possible interception to a person; 
564.30     (b) having knowledge that an investigative or law 
564.31  enforcement officer has been authorized or has applied for 
564.32  authorization under chapter 626A to install and use a pen 
564.33  register or a trap and trace device, and with intent to 
564.34  obstruct, impede, or prevent the purposes for which the 
564.35  installation and use is being made, gives notice or attempts to 
564.36  give notice of the installation or use to any person; or 
565.1      (c) having knowledge that a peace officer has been issued 
565.2   or has applied for the issuance of a search warrant, and with 
565.3   intent to obstruct, impede, or prevent the search, gives notice 
565.4   or attempts to give notice of the search or search warrant to 
565.5   any person. 
565.6      Sec. 67.  [609K.715] [FELONY WARNING SUBJECT OF 
565.7   SURVEILLANCE OR SEARCH.] 
565.8      Whoever violates section 609K.71 may be sentenced to 
565.9   imprisonment for not more than five years or to payment of a 
565.10  fine of not more than $10,000, or both. 
565.11     Sec. 68.  [609K.73] [TAMPERING WITH WITNESS.] 
565.12     Subdivision 1.  [BY FORCE, THREAT OF INJURY, OR INJURY.] 
565.13  Whoever does any of the following is guilty of tampering with a 
565.14  witness and may be sentenced as provided in section 609K.733: 
565.15     (a) intentionally prevents or dissuades or intentionally 
565.16  attempts to prevent or dissuade by means of force or threats of 
565.17  injury to any person or property, a person who is or may become 
565.18  a witness from attending or testifying at any trial, proceeding, 
565.19  or inquiry authorized by law; 
565.20     (b) by means of force or threats of injury to any person or 
565.21  property, intentionally coerces or attempts to coerce a person 
565.22  who is or may become a witness to testify falsely at any trial, 
565.23  proceeding, or inquiry authorized by law; 
565.24     (c) intentionally causes injury or threatens to cause 
565.25  injury to any person or property in retaliation against a person 
565.26  who was summoned as a witness at any trial, proceeding, or 
565.27  inquiry authorized by law, within a year following that trial, 
565.28  proceeding, or inquiry or within a year following the actor's 
565.29  release from incarceration, whichever is later; 
565.30     (d) intentionally prevents or dissuades or attempts to 
565.31  prevent or dissuade, by means of force or threats of injury to 
565.32  any person or property, a person from providing information to 
565.33  law enforcement authorities concerning a crime; 
565.34     (e) by means of force or threats of injury to any person or 
565.35  property, intentionally coerces or attempts to coerce a person 
565.36  to provide false information concerning a crime to law 
566.1   enforcement authorities; or 
566.2      (f) intentionally causes injury or threatens to cause 
566.3   injury to any person or property in retaliation against a person 
566.4   who has provided information to law enforcement authorities 
566.5   concerning a crime within a year of that person providing the 
566.6   information or within a year of the actor's release from 
566.7   incarceration, whichever is later. 
566.8      Subd. 2.  [BY OTHER THREATS.] Whoever does any of the 
566.9   following is guilty of tampering with a witness and may be 
566.10  sentenced as provided in section 609K.735: 
566.11     (a) intentionally prevents or dissuades or intentionally 
566.12  attempts to prevent or dissuade, by means of any act described 
566.13  in section 609C.83, paragraphs (c) to (e) (certain threats), a 
566.14  person who is or may become a witness from attending or 
566.15  testifying at any trial, proceeding, or inquiry authorized by 
566.16  law; 
566.17     (b) by means of any act described in section 609C.83, 
566.18  paragraphs (c) to (e), intentionally coerces or attempts to 
566.19  coerce a person who is or may become a witness to testify 
566.20  falsely at any trial, proceeding, or inquiry authorized by law; 
566.21     (c) intentionally prevents or dissuades or attempts to 
566.22  prevent or dissuade, by means of any act described in section 
566.23  609C.83, paragraphs (c) to (e), a person from providing 
566.24  information to law enforcement authorities concerning a crime; 
566.25  or 
566.26     (d) by means of any act described in section 609C.83, 
566.27  paragraphs (c) to (e), intentionally coerces or attempts to 
566.28  coerce a person to provide false information concerning a crime 
566.29  to law enforcement authorities. 
566.30     Sec. 69.  [609K.733] [FELONY TAMPERING WITH WITNESS.] 
566.31     Whoever violates section 609K.73, subdivision 1, may be 
566.32  sentenced to imprisonment for not more than five years or to 
566.33  payment of a fine not to exceed $10,000.  
566.34     Sec. 70.  [609K.735] [GROSS MISDEMEANOR TAMPERING WITH 
566.35  WITNESS.] 
566.36     Whoever violates section 609K.73, subdivision 2, is guilty 
567.1   of a gross misdemeanor. 
567.2      Sec. 71.  [609K.75] [OBSTRUCTING LEGAL PROCESS OR 
567.3   FIREFIGHTING.] 
567.4      Whoever intentionally does any of the following may be 
567.5   sentenced as provided in sections 609K.753 to 609K.757: 
567.6      (a) obstructs, hinders, or prevents the lawful execution of 
567.7   any legal process, civil or criminal, or apprehension of another 
567.8   on a charge or conviction of a criminal offense; 
567.9      (b) obstructs, resists, or interferes with a peace officer 
567.10  while the officer is engaged in the performance of official 
567.11  duties; 
567.12     (c) interferes with or obstructs the prevention or 
567.13  extinguishing of a fire, or disobeys the lawful order of a 
567.14  firefighter present at the fire; or 
567.15     (d) by force or threat of force endeavors to obstruct any 
567.16  employee of the department of revenue while the employee is 
567.17  lawfully engaged in the performance of official duties for the 
567.18  purpose of deterring or interfering with the performance of 
567.19  those duties. 
567.20     Sec. 72.  [609K.753] [FELONY OBSTRUCTING LEGAL PROCESS OR 
567.21  FIREFIGHTING.] 
567.22     A person who violates section 609K.75 may be sentenced to 
567.23  imprisonment for not more than five years or to payment of a 
567.24  fine of not more than $10,000, or both, if: 
567.25     (a) the act was committed with knowledge that it created a 
567.26  risk of death, substantial bodily harm, or serious property 
567.27  damage; or 
567.28     (b) the act involved the intentional disarming of a peace 
567.29  officer by taking or attempting to take the officer's firearm 
567.30  from the officer's possession without the officer's consent. 
567.31     Sec. 73.  [609K.755] [GROSS MISDEMEANOR OBSTRUCTING LEGAL 
567.32  PROCESS OR FIREFIGHTING.] 
567.33     Except as provided in section 609K.753, a person who 
567.34  violates section 609K.75 is guilty of a gross misdemeanor if the 
567.35  act was accompanied by force or violence or the threat thereof. 
567.36     Sec. 74.  [609K.757] [SECOND DEGREE MISDEMEANOR OBSTRUCTING 
568.1   LEGAL PROCESS OR FIREFIGHTING.] 
568.2      Except as provided in section 609K.753 or 609K.755, whoever 
568.3   violates section 609K.75 is guilty of a second degree 
568.4   misdemeanor. 
568.5      Sec. 75.  [609K.77] [INTERFERING WITH DEAD BODY; 
568.6   REPORTING.] 
568.7      Subdivision 1.  [CONCEALING EVIDENCE.] Whoever interferes 
568.8   with the body or scene of death with intent to mislead the 
568.9   coroner or conceal evidence is guilty of interfering with a dead 
568.10  body and may be sentenced as provided in section 609K.773. 
568.11     Subd. 2.  [FAILING TO REPORT.] A person is guilty of 
568.12  failing to report interference with a dead body and may be 
568.13  sentenced as provided in section 609K.775 if the person is in 
568.14  charge of a cemetery, has knowledge that the body of a deceased 
568.15  person interred in the cemetery has been unlawfully removed, and 
568.16  fails to do the following: 
568.17     (a) immediately report the occurrence to local law 
568.18  enforcement authorities; and 
568.19     (b) inform the next of kin of the deceased person, if 
568.20  known, within three business days after discovering the body's 
568.21  removal unless the person making the report has been instructed 
568.22  in writing by law enforcement authorities that informing the 
568.23  next of kin would compromise an active law enforcement 
568.24  investigation. 
568.25     Sec. 76.  [609K.773] [GROSS MISDEMEANOR INTERFERING WITH 
568.26  DEAD BODY.] 
568.27     Whoever violates section 609K.77, subdivision 1, is guilty 
568.28  of a gross misdemeanor. 
568.29     Sec. 77.  [609K.775] [SECOND DEGREE MISDEMEANOR FAILING TO 
568.30  REPORT INTERFERENCE WITH DEAD BODY.] 
568.31     Whoever violates section 609K.77, subdivision 2, is guilty 
568.32  of a second degree misdemeanor.  
568.33                      FALSE REPORT OR PROCESS 
568.34     Sec. 78.  [609K.79] [CONSPIRACY TO CAUSE ARREST OR 
568.35  PROSECUTION.] 
568.36     Whoever conspires with another to cause a third person to 
569.1   be arrested or prosecuted on a criminal charge knowing the 
569.2   charge to be false is guilty of conspiracy to cause arrest or 
569.3   prosecution and may be sentenced as provided in section 609K.795.
569.4      Sec. 79.  [609K.795] [GROSS MISDEMEANOR CONSPIRACY TO CAUSE 
569.5   ARREST OR PROSECUTION.] 
569.6      Whoever violates section 609K.79 is guilty of a gross 
569.7   misdemeanor. 
569.8      Sec. 80.  [609K.81] [FALSELY REPORTING CRIME.] 
569.9      Whoever informs a law enforcement officer that a crime has 
569.10  been committed, knowing that it is false and intending that the 
569.11  officer shall act in reliance upon it, is guilty of falsely 
569.12  reporting a crime and may be sentenced as provided in section 
569.13  609K.813 or 609K.815. 
569.14     Sec. 81.  [609K.813] [GROSS MISDEMEANOR FALSELY REPORTING 
569.15  CRIME.] 
569.16     Whoever violates section 609K.81 after having been 
569.17  convicted of a previous violation of section 609K.81 is guilty 
569.18  of a gross misdemeanor. 
569.19     Sec. 82.  [609K.815] [FIRST DEGREE MISDEMEANOR FALSELY 
569.20  REPORTING CRIME.] 
569.21     Except as provided in section 609K.813, whoever violates 
569.22  section 609K.81 is guilty of a first degree misdemeanor. 
569.23     Sec. 83.  [609K.83] [USING CRIMINAL ALERT NETWORK TO 
569.24  DISSEMINATE FALSE OR MISLEADING INFORMATION.] 
569.25     Whoever uses the criminal alert network under section 
569.26  299A.61 to disseminate information regarding the commission of a 
569.27  crime knowing that it is false or misleading is guilty of using 
569.28  the criminal alert network to disseminate false or misleading 
569.29  information and may be sentenced as provided in section 609K.835.
569.30     Sec. 84.  [609K.835] [FIRST DEGREE MISDEMEANOR USING 
569.31  CRIMINAL ALERT NETWORK TO DISSEMINATE FALSE OR MISLEADING 
569.32  INFORMATION.] 
569.33     Whoever violates section 609K.83 is guilty of a first 
569.34  degree misdemeanor. 
569.35     Sec. 85.  [609K.85] [GIVING FALSE INFORMATION.] 
569.36     Subdivision 1.  [FALSE IDENTIFICATION TO OFFICER.] Whoever, 
570.1   with intent to obstruct justice, gives a fictitious name other 
570.2   than a nickname, or gives a false date of birth, or false or 
570.3   fraudulently altered identification card to a peace officer when 
570.4   that officer makes inquiries incident to a lawful investigatory 
570.5   stop or lawful arrest, or inquiries incident to executing any 
570.6   other duty imposed by law, is guilty of giving false information 
570.7   and may be sentenced as provided in section 609K.855. 
570.8      Subd. 2.  [OTHER FALSE INFORMATION.] Whoever does any of 
570.9   the following is guilty of giving false information and may 
570.10  sentenced as provided in section 609K.853: 
570.11     (a) with intent to obstruct justice, gives the name and 
570.12  date of birth of another person to a peace officer when the 
570.13  officer makes inquiries incident to a lawful investigatory stop 
570.14  or lawful arrest, or inquiries incident to executing any other 
570.15  duty imposed by law; 
570.16     (b) in any criminal proceeding, with intent to obstruct 
570.17  justice, gives a fictitious name, other than a nickname, or 
570.18  gives a false date of birth to a judge, referee, court 
570.19  administrator, or any employee of the court; or 
570.20     (c) in any criminal proceeding, with intent to obstruct 
570.21  justice, gives the name and date of birth of another person to a 
570.22  judge, referee, court administrator, or any employee of the 
570.23  court. 
570.24     Sec. 86.  [609K.853] [FIRST DEGREE MISDEMEANOR GIVING FALSE 
570.25  INFORMATION.] 
570.26     Whoever violates section 609K.85, subdivision 2, is guilty 
570.27  of a first degree misdemeanor. 
570.28     Sec. 87.  [609K.855] [SECOND DEGREE MISDEMEANOR GIVING 
570.29  PEACE OFFICER FALSE INFORMATION.] 
570.30     Whoever violates section 609K.85, subdivision 1, is guilty 
570.31  of a second degree misdemeanor. 
570.32     Sec. 88.  [609K.87] [FALSELY REPORTING CHILD ABUSE.] 
570.33     A person is guilty of falsely reporting child abuse and may 
570.34  be sentenced as provided in section 609K.875 if the person: 
570.35     (a) informs another person that a person has committed 
570.36  sexual abuse, physical abuse, or neglect of a child, as defined 
571.1   in section 626.556, subdivision 2; 
571.2      (b) knows that the allegation is false or is without reason 
571.3   to believe that the alleged abuser committed the abuse or 
571.4   neglect; and 
571.5      (c) has the intent that the information influence a child 
571.6   custody hearing. 
571.7      Sec. 89.  [609K.875] [FIRST DEGREE MISDEMEANOR FALSELY 
571.8   REPORTING CHILD ABUSE.] 
571.9      Whoever violates section 609K.87 is guilty of a first 
571.10  degree misdemeanor. 
571.11     Sec. 90.  [609K.89] [SIMULATING LEGAL PROCESS.] 
571.12     Subdivision 1.  [ACTS PROHIBITED.] Whoever does either of 
571.13  the following is guilty of simulating the legal process and may 
571.14  be sentenced as provided in section 609K.895: 
571.15     (a) sends or delivers to another any document that 
571.16  simulates a summons, complaint, or court process with intent 
571.17  thereby to induce payment of a claim; or 
571.18     (b) prints, distributes, or offers for sale any such 
571.19  document knowing or intending that it shall be so used. 
571.20     Subd. 2.  [EXCEPTIONS.] This section does not prohibit the 
571.21  printing, distribution or sale of blank forms of legal documents 
571.22  for use in judicial proceedings. 
571.23     Sec. 91.  [609K.895] [SECOND DEGREE MISDEMEANOR SIMULATING 
571.24  LEGAL PROCESS.] 
571.25     Whoever violates section 609K.89 is guilty of a second 
571.26  degree misdemeanor. 
571.27                           MISCELLANEOUS 
571.28     Sec. 92.  [609K.91] [JUDICIAL OR HEARING OFFICER 
571.29  MISCONDUCT.] 
571.30     Whoever does any of the following, when the act is not in 
571.31  violation of section 609K.21 (bribery), is guilty of judicial or 
571.32  hearing officer misconduct and may be sentenced as provided in 
571.33  section 609K.915: 
571.34     (a) being a judicial or hearing officer, does either of the 
571.35  following: 
571.36     (1) agrees with or promises another to determine a cause or 
572.1   controversy or issue pending or to be brought before the officer 
572.2   for or against any party; or 
572.3      (2) intentionally obtains or receives and uses information 
572.4   relating thereto contrary to the regular course of the 
572.5   proceeding; or 
572.6      (b) induces a judicial or hearing officer to act contrary 
572.7   to the provisions of this section. 
572.8      Sec. 93.  [609K.915] [FIRST DEGREE MISDEMEANOR JUDICIAL OR 
572.9   HEARING OFFICER MISCONDUCT.] 
572.10     Whoever violates section 609K.91 is guilty of a first 
572.11  degree misdemeanor. 
572.12     Sec. 94.  [609K.93] KILLING OR HARMING POLICE, CORRECTIONS, 
572.13  OR ARSON DOG.] 
572.14     Subdivision 1.  [DEATH.] A person is guilty of killing a 
572.15  police, corrections, or arson dog and may be sentenced as 
572.16  provided in section 609K.933 if the person intentionally and 
572.17  without justification causes the death of a police dog or an 
572.18  arson dog when the dog is involved in law enforcement, fire, or 
572.19  correctional investigation or apprehension, or the dog is in the 
572.20  custody of or under the control of a peace officer, as defined 
572.21  in section 626.84, subdivision 1, paragraph (c), or an employee 
572.22  of a correctional facility, as defined in section 241.021, 
572.23  subdivision 1, clause (5). 
572.24     Subd. 2.  [SUBSTANTIAL OR GREAT BODILY HARM.] Whoever 
572.25  intentionally and without justification causes substantial or 
572.26  great bodily harm to a police dog or an arson dog when the dog 
572.27  is involved in law enforcement, fire, or correctional 
572.28  investigation or apprehension, or the dog is in the custody of 
572.29  or under the control of a peace officer or an employee of a 
572.30  correctional facility, as defined in section 241.021, 
572.31  subdivision 1, clause (5), is guilty of harming a police, 
572.32  corrections, or arson dog and may be sentenced as provided in 
572.33  section 609K.935. 
572.34     Subd. 3.  [SPECIAL DEFINITION OF ARSON DOG.] As used in 
572.35  this section, "arson dog" means a dog that has been certified as 
572.36  an arson dog by a state fire or police agency or by an 
573.1   independent testing laboratory. 
573.2      Sec. 95.  [609K.933] [FELONY KILLING POLICE, CORRECTIONS, 
573.3   OR ARSON DOG.] 
573.4      Subdivision 1.  [PENALTY.] Whoever violates section 
573.5   609K.93, subdivision 1, may be sentenced to imprisonment for not 
573.6   more than two years or to payment of a fine of not more than 
573.7   $4,000, or both. 
573.8      Subd. 2.  [RESTITUTION.] Instead of a fine, the court may 
573.9   order a defendant convicted under this subdivision to pay 
573.10  restitution to the affected agency to replace the police dog or 
573.11  arson dog, in an amount not to exceed $5,000. 
573.12     Sec. 96.  [609K.935] [GROSS MISDEMEANOR HARMING POLICE, 
573.13  CORRECTIONS, OR ARSON DOG.] 
573.14     Whoever violates section 609K.93, subdivision 2, is guilty 
573.15  of a gross misdemeanor. 
573.16     Sec. 97.  [609K.95] [ASSAULTING OR HARMING POLICE HORSE.] 
573.17     Subdivision 1.  [SPECIAL DEFINITION OF A POLICE HORSE.] As 
573.18  used in this section, "police horse" means a horse that has been 
573.19  trained for crowd control and other law enforcement purposes and 
573.20  is used to assist peace officers in the performance of their 
573.21  official duties. 
573.22     Subd. 2.  [UNLAWFUL CONDUCT.] Whoever assaults or 
573.23  intentionally harms a police horse while the horse is being used 
573.24  or maintained for use by a law enforcement agency is guilty of 
573.25  assaulting or harming a police horse and may be sentenced as 
573.26  provided in sections 609K.951 to 609K.957. 
573.27     Sec. 98.  [609K.951] [FIRST DEGREE FELONY ASSAULTING OR 
573.28  HARMING POLICE HORSE.] 
573.29     A person who violates section 609K.95 may be sentenced to 
573.30  imprisonment for not more than five years or to payment of a 
573.31  fine of not more than $10,000, or both if a peace officer or any 
573.32  other person suffers great bodily harm or death as a result of 
573.33  the violation. 
573.34     Sec. 99.  [609K.952] [SECOND DEGREE FELONY ASSAULTING OR 
573.35  HARMING POLICE HORSE.] 
573.36     Except as provided in section 609K.951, whoever violates 
574.1   section 609K.95 may be sentenced to imprisonment for not more 
574.2   than two years or to payment of a fine of not more than $4,000, 
574.3   or both if: 
574.4      (a) the police horse suffers death or great bodily harm as 
574.5   a result of the violation or 
574.6      (b) if a peace officer suffers demonstrable bodily harm as 
574.7   a result of the violation. 
574.8      Sec. 100.  [609K.953] [THIRD DEGREE FELONY ASSAULTING OR 
574.9   HARMING POLICE HORSE.] 
574.10     Except as provided in sections 609K.951 and 609K.952, 
574.11  whoever violates section 609K.95 may be sentenced to 
574.12  imprisonment for not more than one year and one day or to 
574.13  payment of a fine of not more than $3,000, or both if the police 
574.14  horse suffers demonstrable bodily harm as a result of the 
574.15  violation. 
574.16     Sec. 101.  [609K.955] [GROSS MISDEMEANOR ASSAULTING OR 
574.17  HARMING POLICE HORSE.] 
574.18     Except as provided in sections 609K.951 to 609K.953, 
574.19  whoever violates section 609K.95 is guilty of a gross 
574.20  misdemeanor if a peace officer is involuntarily unseated from 
574.21  the police horse or any person, other than the peace officer, 
574.22  suffers demonstrable bodily harm as a result of the violation. 
574.23     Sec. 102.  [609K.957] [SECOND DEGREE MISDEMEANOR ASSAULTING 
574.24  OR HARMING POLICE HORSE.] 
574.25     Except as provided in sections 609K.953 to 609K.955, 
574.26  whoever violates section 609K.95 is guilty of a second degree 
574.27  misdemeanor. 
574.28     Sec. 103.  [609K.97] [USING POLICE RADIO DURING COMMISSION 
574.29  OF CRIME.] 
574.30     Subdivision 1.  [ACTS CONSTITUTING.] Whoever has in 
574.31  possession or uses a radio or device capable of receiving or 
574.32  transmitting a police radio signal, message, or transmission of 
574.33  information used for law enforcement purposes, while in the 
574.34  commission of a felony or violation of section 169C.71 (fleeing 
574.35  peace officer in motor vehicle) or the attempt to commit a 
574.36  felony or violation of section 169C.71, is guilty of using a 
575.1   police radio during commission of a crime and may be sentenced 
575.2   as provided in section 609K.975. 
575.3      Subd. 2.  [CONVICTION NOT BAR TO OTHER 
575.4   CONVICTIONS.] Notwithstanding section 609A.31 (crime punishable 
575.5   under different provisions), a prosecution for or conviction 
575.6   under this section is not a bar to conviction of or punishment 
575.7   for any other crime committed by the defendant as part of the 
575.8   same conduct. 
575.9      Subd. 3.  [FORFEITURE.] A radio or device defined in 
575.10  subdivision 1 that is used in the commission of a felony or 
575.11  violation of section 169C.71 or attempt to commit a felony or 
575.12  violation of section 169C.71 is contraband property and subject 
575.13  to the forfeiture provisions of sections 609M.01 to 609M.09. 
575.14     Sec. 104.  [609K.975] [FELONY USING POLICE RADIO DURING 
575.15  COMMISSION OF CRIME.] 
575.16     Whoever violates section 609K.97 may be sentenced to 
575.17  imprisonment for not more than three years or payment of a fine 
575.18  of not more than $6,000, or both. 
575.19                             ARTICLE 15 
575.20                            OTHER CRIMES 
575.21                            PROSTITUTION 
575.22     Section 1.  [609L.10] [SPECIAL DEFINITIONS RELATING TO 
575.23  PROSTITUTION.] 
575.24     Subdivision 1.  [TERMS.] For the purposes of sections 
575.25  609L.10 to 609L.235, unless the language or context clearly 
575.26  indicates that a different meaning is intended, the terms 
575.27  defined in this section have the meanings ascribed to them. 
575.28     Subd. 2.  [BUSINESS OF PROSTITUTION.] "Business of 
575.29  prostitution" means any arrangement between or organization of 
575.30  two or more persons, acting other than as prostitutes or 
575.31  patrons, who commit acts punishable under sections 609L.11 to 
575.32  609L.235. 
575.33     Subd. 3.  [PATRON.] "Patron" means an individual who hires 
575.34  or offers or agrees to hire another individual to engage in 
575.35  sexual penetration or sexual contact. 
575.36     Subd. 4.  [PLACE OF PROSTITUTION.] "Place of prostitution" 
576.1   means a house or other place where prostitution is practiced. 
576.2      Subd. 5.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
576.3   "Promotes the prostitution of an individual" means any of the 
576.4   following wherein the person knowingly: 
576.5      (a) solicits or procures patrons for a prostitute; 
576.6      (b) provides, leases, or otherwise permits premises or 
576.7   facilities owned or controlled by the person to aid the 
576.8   prostitution of an individual; 
576.9      (c) owns, manages, supervises, controls, keeps, or 
576.10  operates, either alone or with others, a place of prostitution 
576.11  to aid the prostitution of an individual; 
576.12     (d) owns, manages, supervises, controls, operates, 
576.13  institutes, aids, or facilitates, either alone or with others, a 
576.14  business of prostitution to aid the prostitution of an 
576.15  individual; 
576.16     (e) admits a patron to a place of prostitution to aid the 
576.17  prostitution of an individual; or 
576.18     (f) transports an individual from one point within this 
576.19  state to another point either within or without this state, or 
576.20  brings an individual into this state to aid the prostitution of 
576.21  the individual. 
576.22     Subd. 6.  [PROSTITUTE.] "Prostitute" means an individual 
576.23  who engages in prostitution. 
576.24     Subd. 7.  [PROSTITUTION.] "Prostitution" means engaging or 
576.25  offering or agreeing to engage for hire in sexual penetration or 
576.26  sexual contact. 
576.27     Subd. 8.  [SEXUAL CONTACT.] "Sexual contact" means any of 
576.28  the following acts, if the acts can reasonably be construed as 
576.29  being for the purpose of satisfying the actor's sexual impulses: 
576.30     (1) the intentional touching by an individual of a 
576.31  prostitute's intimate parts; or 
576.32     (2) the intentional touching by a prostitute of another 
576.33  individual's intimate parts. 
576.34     Subd. 9.  [SEXUAL PENETRATION.] "Sexual penetration" means 
576.35  any of the following acts, if for the purpose of satisfying 
576.36  sexual impulses:  sexual intercourse, cunnilingus, fellatio, 
577.1   anal intercourse, or any intrusion however slight into the 
577.2   genital or anal openings of an individual's body by any part of 
577.3   another individual's body or any object used for the purpose of 
577.4   satisfying sexual impulses.  Emission of semen is not necessary. 
577.5      Sec. 2.  [609L.11] [PROSTITUTION.] 
577.6      Whoever intentionally does any of the following is guilty 
577.7   of prostitution and may be sentenced as provided in sections 
577.8   609L.113 to 609L.117: 
577.9      (a) engages in prostitution with an individual 18 years of 
577.10  age or older; or 
577.11     (b) hires or offers or agrees to hire an individual 18 
577.12  years of age or older to engage in sexual penetration or sexual 
577.13  contact. 
577.14     Sec. 3.  [609L.113] [GROSS MISDEMEANOR PROSTITUTION.] 
577.15     Subdivision 1.  [PENALTY.] Whoever violates section 609L.11 
577.16  within five years after the first of two previous convictions 
577.17  under section 609L.11 is guilty of a gross misdemeanor. 
577.18     Subd. 2.  [MINIMUM FINE.] (a) Except as otherwise provided 
577.19  in section 609L.19, subdivision 1 (community service in lieu of 
577.20  minimum fine), a person who is convicted of a gross misdemeanor 
577.21  violation of section 609L.11 while acting as a patron, must, at 
577.22  a minimum, be sentenced as follows: 
577.23     (1) to pay a fine of at least $1,500; and 
577.24     (2) to serve 20 hours of community work service. 
577.25     (b) The court may waive the mandatory community work 
577.26  service if it makes specific, written findings that the 
577.27  community work service is not feasible or appropriate under the 
577.28  circumstances of the case. 
577.29     Sec. 4.  [609L.115] [FIRST DEGREE MISDEMEANOR 
577.30  PROSTITUTION.] 
577.31     Subdivision 1.  [PENALTY.] Whoever violates section 609L.11 
577.32  within two years after a previous conviction under section 
577.33  609L.11 is guilty of a first degree misdemeanor. 
577.34     Subd. 2.  [MINIMUM FINE.] (a) Except as otherwise provided 
577.35  in section 609L.19, subdivision 1 (community service in lieu of 
577.36  minimum fine), a person who is convicted of a first degree 
578.1   misdemeanor violation of section 609L.11 while acting as a 
578.2   patron, must, at a minimum, be sentenced as follows: 
578.3      (1) to pay a fine of at least $1,500; and 
578.4      (2) to serve 20 hours of community work service. 
578.5      (b) The court may waive the mandatory community work 
578.6   service if it makes specific, written findings that the 
578.7   community work service is not feasible or appropriate under the 
578.8   circumstances of the case. 
578.9      Sec. 5.  [609L.117] [SECOND DEGREE MISDEMEANOR 
578.10  PROSTITUTION.] 
578.11     Subdivision 1.  [PENALTY.] Except as provided in section 
578.12  609L.113 or 609L.115, whoever violates section 609L.11 is guilty 
578.13  of a second degree misdemeanor. 
578.14     Subd. 2.  [MINIMUM FINE.] Except as otherwise provided in 
578.15  section 609L.19, subdivision 1 (community service in lieu of 
578.16  minimum fine), a person who is convicted of violating section 
578.17  609L.11 while acting as a patron must, at a minimum, be 
578.18  sentenced to pay a fine of at least $500. 
578.19     Sec. 6.  [609L.13] [SOLICITING PROSTITUTION IN PUBLIC 
578.20  PLACE.] 
578.21     Whoever solicits or accepts a solicitation of prostitution 
578.22  while in a public place is guilty of soliciting prostitution in 
578.23  a public place and may be sentenced as provided in section 
578.24  609L.135. 
578.25     Sec. 7.  [609L.135] [FIRST DEGREE MISDEMEANOR SOLICITING 
578.26  PROSTITUTION IN PUBLIC PLACE.] 
578.27     Subdivision 1.  [PENALTY.] Whoever violates section 609L.13 
578.28  is guilty of a first degree misdemeanor. 
578.29     Subd. 2.  [MINIMUM FINE.] Except as otherwise provided in 
578.30  section 609L.19, subdivision 1 (community service in lieu of 
578.31  minimum fine), a person who is convicted of violating this 
578.32  section while acting as a patron must, at a minimum, be 
578.33  sentenced to pay a fine of at least $1,500. 
578.34     Sec. 8.  [609L.15] [SOLICITING, INDUCING, OR PROMOTING 
578.35  PROSTITUTION.] 
578.36     Subdivision 1.  [UNLAWFUL ACTS.] Whoever, while acting 
579.1   other than as a prostitute or patron, intentionally solicits or 
579.2   induces an individual to practice prostitution or promotes the 
579.3   prostitution of an individual is guilty of soliciting, inducing, 
579.4   or promoting prostitution and may be sentenced as provided in 
579.5   sections 609L.153 to 609L.159. 
579.6      Subd. 2.  [DEFENSES.] (a) It is no defense to a prosecution 
579.7   under this section that an individual solicited or induced to 
579.8   practice prostitution or whose prostitution was promoted, did 
579.9   not actually engage in prostitution. 
579.10     (b) It is no defense to actions under this section that the 
579.11  individual solicited or induced to practice prostitution, or 
579.12  whose prostitution was promoted, had engaged in prostitution 
579.13  prior to that solicitation, inducement, or promotion. 
579.14     Sec. 9.  [609L.153] [FIRST DEGREE FELONY SOLICITING, 
579.15  INDUCING, OR PROMOTING PROSTITUTION.] 
579.16     Whoever, in violation of section 609L.15, while acting 
579.17  other than as a prostitute or patron, intentionally does either 
579.18  of the following may be sentenced to imprisonment for not more 
579.19  than 20 years or to payment of a fine of not more than $40,000, 
579.20  or both: 
579.21     (a) solicits or induces an individual under the age of 16 
579.22  years to practice prostitution; or 
579.23     (b) promotes the prostitution of an individual under the 
579.24  age of 16 years. 
579.25     Sec. 10.  [609L.155] [SECOND DEGREE FELONY SOLICITING, 
579.26  INDUCING, OR PROMOTING PROSTITUTION.] 
579.27     Whoever, in violation of section 609L.15, while acting 
579.28  other than as a prostitute or patron, intentionally does any of 
579.29  the following may be sentenced to imprisonment for not more than 
579.30  ten years or to payment of a fine of not more than $20,000, or 
579.31  both: 
579.32     (a) solicits or induces an individual at least 16 but less 
579.33  than 18 years of age to practice prostitution; 
579.34     (b) solicits or induces an individual to practice 
579.35  prostitution by means of force; 
579.36     (c) uses a position of authority to solicit or induce an 
580.1   individual to practice prostitution; or 
580.2      (d) promotes the prostitution of an individual in any of 
580.3   the following circumstances: 
580.4      (1) the individual is at least 16 but less than 18 years of 
580.5   age; 
580.6      (2) the actor knows that the individual has been induced or 
580.7   solicited to practice prostitution by means of force; or 
580.8      (3) the actor knows that a position of authority has been 
580.9   used to induce or solicit the individual to practice 
580.10  prostitution. 
580.11     Sec. 11.  [609L.157] [THIRD DEGREE FELONY SOLICITING, 
580.12  INDUCING, OR PROMOTING PROSTITUTION.] 
580.13     Whoever, in violation of section 609L.15, while acting 
580.14  other than as a prostitute or patron, intentionally does any of 
580.15  the following may be sentenced to imprisonment for not more than 
580.16  five years or to payment of a fine of not more than $10,000, or 
580.17  both: 
580.18     (a) solicits or induces an individual to practice 
580.19  prostitution by means of trick, fraud, or deceit; 
580.20     (b) being in a position of authority, consents to an 
580.21  individual being taken or detained for the purposes of 
580.22  prostitution; or 
580.23     (c) promotes the prostitution of an individual in either of 
580.24  the following circumstances: 
580.25     (1) the actor knows that the individual has been induced or 
580.26  solicited to practice prostitution by means of trick, fraud, or 
580.27  deceit; or 
580.28     (2) the actor knows that an individual in a position of 
580.29  authority has consented to the individual being taken or 
580.30  detained for the purpose of prostitution. 
580.31     Sec. 12.  [609L.159] [FOURTH DEGREE FELONY SOLICITING, 
580.32  INDUCING, OR PROMOTING PROSTITUTION.] 
580.33     Whoever, in violation of section 609L.15, while acting 
580.34  other than as a prostitute or patron, intentionally does any of 
580.35  the following may be sentenced to imprisonment for not more than 
580.36  three years or to payment of a fine of not more than $6,000, or 
581.1   both: 
581.2      (a) solicits or induces an individual 18 years of age or 
581.3   older to practice prostitution; or 
581.4      (b) promotes the prostitution of an individual 18 years of 
581.5   age or older. 
581.6      Sec. 13.  [609L.17] [RECEIVING PROFIT FROM PROSTITUTION.] 
581.7      Subdivision 1.  [ACTS CONSTITUTING.] Whoever, while acting 
581.8   other than as a prostitute or patron, intentionally receives 
581.9   profit, knowing or having reason to know that it is derived from 
581.10  the prostitution or the promotion of the prostitution is guilty 
581.11  of receiving profit from prostitution and may be sentenced as 
581.12  provided in sections 609L.173 to 609L.179. 
581.13     Subd. 2.  [EXCEPTIONS.] (a) Sections 609L.175 to 609L.179 
581.14  do not apply to a minor who is dependent on an individual acting 
581.15  as a prostitute and who may have benefitted from or been 
581.16  supported by the individual's earnings derived from prostitution.
581.17     (b) This section does not apply to the sale of goods or 
581.18  services to a prostitute in the ordinary course of a lawful 
581.19  business. 
581.20     Sec. 14.  [609L.173] [FIRST DEGREE FELONY RECEIVING PROFIT 
581.21  FROM PROSTITUTION.] 
581.22     Whoever, in violation of section 609L.17, while acting 
581.23  other than as a prostitute or patron, intentionally receives 
581.24  profit, knowing or having reason to know that it is derived from 
581.25  the prostitution, or the promotion of the prostitution, of an 
581.26  individual under the age of 16 years, may be sentenced to 
581.27  imprisonment for not more than 15 years or to payment of a fine 
581.28  of not more than $30,000, or both. 
581.29     Sec. 15.  [609L.175] [SECOND DEGREE FELONY RECEIVING PROFIT 
581.30  FROM PROSTITUTION.] 
581.31     Whoever, in violation of section 609L.17, while acting 
581.32  other than as a prostitute or patron, intentionally receives 
581.33  profit, knowing or having reason to know that it is derived from 
581.34  the prostitution, or the promotion of the prostitution, of an 
581.35  individual in circumstances described in section 609L.155, 
581.36  paragraph (d), may be sentenced to imprisonment for not more 
582.1   than five years or to payment of a fine of not more than 
582.2   $10,000, or both. 
582.3      Sec. 16.  [609L.177] [THIRD DEGREE FELONY RECEIVING PROFIT 
582.4   FROM PROSTITUTION.] 
582.5      Whoever, while acting other than as a prostitute or patron, 
582.6   intentionally receives profit, knowing or having reason to know 
582.7   that it is derived from the prostitution, or the promotion of 
582.8   the prostitution, of an individual in circumstances described in 
582.9   section 609L.157, paragraph (c), may be sentenced to not more 
582.10  than three years imprisonment or to payment of a fine of not 
582.11  more than $6,000, or both. 
582.12     Sec. 17.  [609L.179] [GROSS MISDEMEANOR RECEIVING PROFIT 
582.13  FROM PROSTITUTION.] 
582.14     Whoever, while acting other than as a prostitute or patron, 
582.15  intentionally receives profit, knowing or having reason to know 
582.16  that it is derived from the prostitution, or the promotion of 
582.17  the prostitution of an individual 18 years of age or older is 
582.18  guilty of a gross misdemeanor. 
582.19     Sec. 18.  [609L.18] [PROSTITUTION OFFENSES; DEFENSES; 
582.20  EVIDENCE.] 
582.21     Subdivision 1.  [DEFENSES.] Consent or mistake as to age is 
582.22  no defense to prosecutions under sections 609L.11 to 609.17. 
582.23     Subd. 2.  [EVIDENCE.] The marital privilege provided for in 
582.24  section 595.02 does not apply in any proceeding under section 
582.25  609L.15 or 609L.17. 
582.26     Sec. 19.  [609L.19] [OTHER PROSTITUTION PROVISIONS.] 
582.27     Subdivision 1.  [COMMUNITY SERVICE IN LIEU OF MINIMUM 
582.28  FINE.] The court may order a person convicted of violating 
582.29  section 609L.11 or 609L.13 to perform community work service in 
582.30  lieu of all or a portion of the minimum fine required under 
582.31  those subdivisions if the court makes specific, written findings 
582.32  that the convicted person is indigent or that payment of the 
582.33  fine would create undue hardship for the convicted person or 
582.34  that person's immediate family.  Community work service ordered 
582.35  under this subdivision is in addition to any mandatory community 
582.36  work service ordered under section 609L.11. 
583.1      Subd. 2.  [USE OF MOTOR VEHICLE TO PATRONIZE PROSTITUTES; 
583.2   DRIVING RECORD NOTATION.] When a court sentences a person 
583.3   convicted of violating section 609L.11, 609L.13, 609L.21, or 
583.4   609L.23 while acting as a patron, the court shall determine 
583.5   whether the person used a motor vehicle during the commission of 
583.6   the offense.  If the court finds that the person used a motor 
583.7   vehicle during the commission of the offense, it shall forward 
583.8   its finding to the commissioner of public safety who shall 
583.9   record the finding on the person's driving record.  The finding 
583.10  is classified as private data on individuals, as defined in 
583.11  section 13.02, subdivision 12. 
583.12     Subd. 3.  [PENALTY ASSESSMENT AUTHORIZED.] When a court 
583.13  sentences an adult convicted of violating sections 609L.11 to 
583.14  609L.235, while acting other than as a prostitute, the court 
583.15  shall impose an assessment of not less than $250 and not more 
583.16  than $500 for a violation of section 609L.13, or a second degree 
583.17  misdemeanor violation of section 609L.11; otherwise the court 
583.18  shall impose an assessment of not less than $500 and not more 
583.19  than $1,000.  The mandatory minimum portion of the assessment is 
583.20  to be used for the purposes described in section 626.558, 
583.21  subdivision 2a, and is in addition to the assessment or 
583.22  surcharge required by section 609A.47.  Any portion of the 
583.23  assessment imposed in excess of the mandatory minimum amount 
583.24  shall be forwarded to the general fund and is appropriated 
583.25  annually to the commissioner of corrections.  The commissioner, 
583.26  with the assistance of the general crime victims advisory 
583.27  council, shall use money received under this section for grants 
583.28  to agencies that provide assistance to individuals who have 
583.29  stopped or wish to stop engaging in prostitution.  Grant money 
583.30  may be used to provide these individuals with medical care, 
583.31  child care, temporary housing, and educational expenses. 
583.32                      PROSTITUTION AND MINORS 
583.33     Sec. 20.  [609L.21] [ENGAGING IN PROSTITUTION WITH MINOR.] 
583.34     Whoever intentionally engages in prostitution with a minor 
583.35  or hires or offers or agrees to hire a minor to engage in sexual 
583.36  penetration or contact is guilty of engaging in prostitution 
584.1   with a minor and may be sentenced as provided in sections 
584.2   609L.213 to 609L.217. 
584.3      Sec. 21.  [609L.213] [FIRST DEGREE FELONY ENGAGING IN 
584.4   PROSTITUTION WITH MINOR.] 
584.5      Whoever, in violation of section 609L.21, intentionally 
584.6   does any of the following may be sentenced to imprisonment for 
584.7   not more than 20 years or to payment of a fine of not more than 
584.8   $40,000, or both: 
584.9      (a) engages in prostitution with an individual under the 
584.10  age of 13 years; or 
584.11     (b) hires or offers or agrees to hire an individual under 
584.12  the age of 13 years to engage in sexual penetration or sexual 
584.13  contact. 
584.14     Sec. 22.  [609L.215] [SECOND DEGREE FELONY ENGAGING IN 
584.15  PROSTITUTION WITH MINOR.] 
584.16     Whoever, in violation of section 609L.21, intentionally 
584.17  does any of the following may be sentenced to imprisonment for 
584.18  not more than ten years or to payment of a fine of not more than 
584.19  $20,000, or both: 
584.20     (a) engages in prostitution with an individual under the 
584.21  age of 16 years but at least 13 years; or 
584.22     (b) hires or offers or agrees to hire an individual under 
584.23  the age of 16 years but at least 13 years to engage in sexual 
584.24  penetration or sexual contact. 
584.25     Sec. 23.  [609L.217] [THIRD DEGREE FELONY ENGAGING IN 
584.26  PROSTITUTION WITH MINOR.] 
584.27     Whoever, in violation of section 609L.21, intentionally 
584.28  does any of the following may be sentenced to imprisonment for 
584.29  not more than five years or to payment of a fine of not more 
584.30  than $10,000, or both: 
584.31     (a) engages in prostitution with an individual under the 
584.32  age of 18 years but at least 16 years; or 
584.33     (b) hires or offers or agrees to hire an individual under 
584.34  the age of 18 years but at least 16 years to engage in sexual 
584.35  penetration or sexual contact. 
584.36     Sec. 24.  [609L.23] [PERMITTING MINOR PROSTITUTE TO RESIDE 
585.1   IN DWELLING.] 
585.2      Subdivision 1.  [ACTS CONSTITUTING.] Any person, other than 
585.3   one related by blood, adoption, or marriage to the minor, who 
585.4   permits a minor to reside, temporarily or permanently, in the 
585.5   person's dwelling without the consent of the minor's parents or 
585.6   guardian, knowing or having reason to know that the minor is 
585.7   engaging in prostitution is guilty of permitting a minor 
585.8   prostitute to reside in dwelling and may be sentenced as 
585.9   provided in section 609L.235. 
585.10     Subd. 2.  [EXCEPTION.] This section does not apply to 
585.11  residential placements made, sanctioned, or supervised by a 
585.12  public or private social service agency.  
585.13     Sec. 25.  [609L.235] [GROSS MISDEMEANOR PERMITTING MINOR 
585.14  PROSTITUTE TO RESIDE IN DWELLING.] 
585.15     Whoever violates section 609L.23 is guilty of a gross 
585.16  misdemeanor. 
585.17     Sec. 26.  [609L.25] [PROTECTIVE ORDER.] 
585.18     Subdivision 1.  [ORDER FOR PROTECTION.] Any parent or 
585.19  guardian who knows or has reason to believe that a person, while 
585.20  acting as other than a prostitute or patron, is inducing, 
585.21  coercing, soliciting, or promoting the prostitution of the 
585.22  parent or guardian's minor child, or is offering or providing 
585.23  food, shelter, or other subsistence for the purpose of enabling 
585.24  the parent or guardian's minor child to engage in prostitution, 
585.25  may seek an order for protection in the manner provided in this 
585.26  section. 
585.27     Subd. 2.  [COURT JURISDICTION.] An application for relief 
585.28  under this section shall be filed in the juvenile court.  
585.29  Actions under this section shall be given docket priority by the 
585.30  court. 
585.31     Subd. 3.  [CONTENTS OF PETITION.] A petition for relief 
585.32  shall allege the existence of a circumstance or circumstances 
585.33  described in subdivision 1, and shall be accompanied by an 
585.34  affidavit made under oath stating the specific facts and 
585.35  circumstances from which relief is sought.  The court shall 
585.36  provide simplified forms and clerical assistance to help with 
586.1   the writing and filing of a petition under this section. 
586.2      Subd. 4.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
586.3   receipt of the petition, the court shall order a hearing which 
586.4   shall be held no later than 14 days from the date of the order.  
586.5   Personal service shall be made upon the respondent not less than 
586.6   five days before the hearing.  In the event that personal 
586.7   service cannot be completed in time to give the respondent the 
586.8   minimum notice required under this paragraph, the court may set 
586.9   a new hearing date. 
586.10     (b) Notwithstanding the provisions of paragraph (a), 
586.11  service may be made by one week published notice, as provided 
586.12  under section 645.11, provided the petitioner files with the 
586.13  court an affidavit stating that an attempt at personal service 
586.14  made by a sheriff was unsuccessful because the respondent is 
586.15  avoiding service by concealment or otherwise, and that a copy of 
586.16  the petition and notice of hearing has been mailed to the 
586.17  respondent at the respondent's residence or that the residence 
586.18  is not known to the petitioner.  Service under this paragraph is 
586.19  complete seven days after publication.  The court shall set a 
586.20  new hearing date if necessary to allow the respondent the 
586.21  five-day minimum notice required under paragraph (a). 
586.22     Subd. 5.  [RELIEF BY COURT.] Upon notice and hearing, the 
586.23  court may order the respondent to return the minor child to the 
586.24  residence of the child's parents or guardian, and may order that 
586.25  the respondent cease and desist from committing further acts 
586.26  described in subdivision 1 and cease to have further contact 
586.27  with the minor child.  Any relief granted by the court in the 
586.28  order for protection shall be for a fixed period of time 
586.29  determined by the court. 
586.30     Subd. 6.  [SERVICE OF ORDER.] Any order issued under this 
586.31  section shall be served personally on the respondent.  Upon the 
586.32  request of the petitioner, the court shall order the sheriff to 
586.33  assist in the execution or service of the order for protection. 
586.34     Subd. 7.  [VIOLATION OF ORDER FOR PROTECTION.] (a) A 
586.35  violation of an order for protection constitutes contempt of 
586.36  court and shall be subject to the penalties provided under 
587.1   chapter 588. 
587.2      (b) Any person who willfully fails to return a minor child 
587.3   as required by an order for protection issued under this section 
587.4   commits an act that manifests an intent substantially to deprive 
587.5   the parent or guardian of custodial rights within the meaning of 
587.6   section 609D.21, subdivision 1, paragraph (c). 
587.7                              OBSCENITY 
587.8      Sec. 27.  [609L.30] [SPECIAL DEFINITIONS RELATING TO 
587.9   OBSCENITY.] 
587.10     Subdivision 1.  [TERMS.] For purposes of sections 609L.30 
587.11  to 609L.47, unless the language or context clearly indicates 
587.12  that a different meaning is intended, the terms defined in this 
587.13  section have the meanings ascribed to them. 
587.14     Subd. 2.  [COMMUNITY.] For purposes of the definitions of 
587.15  obscene and harmful to minors, the term "community" means the 
587.16  political subdivision from which persons properly qualified to 
587.17  serve as jurors in a criminal proceeding are chosen. 
587.18     Subd. 3.  [HARMFUL TO MINORS.] "Harmful to minors" means 
587.19  that quality of any description or representation, in whatever 
587.20  form, of nudity, sexual conduct, sexual excitement, or 
587.21  sadomasochistic abuse, when it: 
587.22     (a) predominantly appeals to the prurient, shameful, or 
587.23  morbid interest of minors; 
587.24     (b) is patently offensive to prevailing standards in the 
587.25  adult community as a whole with respect to what is suitable 
587.26  material for minors; and 
587.27     (c) is utterly without redeeming social importance for 
587.28  minors. 
587.29     Subd. 4.  [MATERIAL.] "Material" means a book, magazine, 
587.30  pamphlet, paper, writing, card, advertisement, circular, print, 
587.31  picture, photograph, motion picture film, videotape, script, 
587.32  image, instrument, statue, drawing, or other article. 
587.33     Subd. 5.  [NUDITY.] "Nudity" means the showing of the human 
587.34  male or female genitals, pubic area, or buttocks with less than 
587.35  a fully opaque covering, or the showing of the female breast 
587.36  with less than a fully opaque covering of any portion thereof 
588.1   below the top of the nipple, or the depiction of covered male 
588.2   genitals in a discernibly turgid state. 
588.3      Subd. 6.  [OBSCENE.] (a) "Obscene" means that the work, 
588.4   taken as a whole: 
588.5      (1) appeals to the prurient interest in sex; 
588.6      (2) depicts or describes, in a patently offensive manner, 
588.7   sexual conduct; and 
588.8      (3) taken as a whole, does not have serious literary, 
588.9   artistic, political, or scientific value. 
588.10     (b) In order to determine that a work is obscene, the trier 
588.11  of fact must find: 
588.12     (1) that the average person, applying contemporary 
588.13  community standards, would find that the work, taken as a whole, 
588.14  appeals to the prurient interest in sex; 
588.15     (2) that the work depicts sexual conduct specifically 
588.16  defined by this section in a patently offensive manner; and 
588.17     (3) that the work, taken as a whole, lacks serious 
588.18  literary, artistic, political, or scientific value. 
588.19     Subd. 7.  [PERFORMANCE.] For purposes of section 609L.31 
588.20  (obscenity), "performance" means a play, motion picture, dance, 
588.21  or other exhibition performed before an audience. 
588.22     Subd. 8.  [PHOTOGRAPHIC REPRESENTATION.] "Photographic 
588.23  representation" means an original or reproduction of a film, 
588.24  videotape, videodisc, photograph, negative, or slide. 
588.25     Subd. 9.  [PROMOTE.] For purposes of sections 609L.41 and 
588.26  609L.47 (using minor in sexual performance), "promote" means to 
588.27  produce, direct, publish, manufacture, issue, or advertise. 
588.28     Subd. 10.  [SADOMASOCHISTIC ABUSE.] "Sadomasochistic abuse" 
588.29  means flagellation or torture by or upon a person clad in 
588.30  undergarments, a mask, or bizarre costume, or the condition of 
588.31  being fettered, bound, or otherwise physically restrained on the 
588.32  part of one so clothed. 
588.33     Subd. 11.  [SEXUAL CONDUCT.] (a) "Sexual conduct" means any 
588.34  of the following: 
588.35     (1) an act of sexual intercourse, normal or perverted, 
588.36  actual or simulated, including genital-genital, anal-genital, or 
589.1   oral-genital intercourse, whether between human beings or 
589.2   between a human being and an animal; 
589.3      (2) sadomasochistic abuse, meaning flagellation or torture 
589.4   by or upon a person who is nude or clad in undergarments or in a 
589.5   sexually revealing costume, or the condition of being fettered, 
589.6   bound, or otherwise physically restricted on the part of one so 
589.7   clothed or who is nude; 
589.8      (3) masturbation, excretory functions, or lewd exhibitions 
589.9   of the genitals including any explicit, close-up representation 
589.10  of a human genital organ; or 
589.11     (4) physical contact or simulated physical contact with the 
589.12  clothed or unclothed pubic areas or buttocks of a human male or 
589.13  female, or the breasts of the female, whether alone or between 
589.14  members of the same or opposite sex or between humans and 
589.15  animals in an act of apparent sexual stimulation or 
589.16  gratification. 
589.17     (b) For purposes of sections 609L.41 and 609L.47 (use of 
589.18  minor in sexual performance), sexual conduct means any of the 
589.19  following if the depiction involves a minor: 
589.20     (1) an act of sexual intercourse, normal or perverted, 
589.21  actual or simulated, including genital-genital, anal-genital, or 
589.22  oral-genital intercourse, whether between human beings or 
589.23  between a human being and an animal; 
589.24     (2) sadomasochistic abuse, meaning flagellation, torture, 
589.25  or similar demeaning acts inflicted by or upon a person who is 
589.26  nude or clad in undergarments or in a revealing costume, or the 
589.27  condition of being fettered, bound, or otherwise physically 
589.28  restrained on the part of one so clothed; 
589.29     (3) masturbation or lewd exhibitions of the genitals; or 
589.30     (4) physical contact or simulated physical contact with the 
589.31  clothed or unclothed pubic areas or buttocks of a human male or 
589.32  female, or the breasts of the female, whether alone or between 
589.33  members of the same or opposite sex or between humans and 
589.34  animals in an act of apparent sexual stimulation or 
589.35  gratification. 
589.36     Subd. 12.  [SEXUAL EXCITEMENT.] "Sexual excitement" means 
590.1   the condition of human male or female genitals when in a state 
590.2   of sexual stimulation or arousal. 
590.3      Subd. 13.  [SEXUAL PERFORMANCE.] "Sexual performance" means 
590.4   any play, dance, or other exhibition presented before an 
590.5   audience or for purposes of visual or mechanical reproduction 
590.6   that depicts sexual conduct. 
590.7      Subd. 14.  [WORK.] (a) "Work" means material or performance.
590.8      (b) For purposes of section 609L.41 (use of minor in sexual 
590.9   performance), "work" means an original or reproduction of a 
590.10  picture, film, photograph, negative, slide, videotape, 
590.11  videodisc, or drawing. 
590.12     Sec. 28.  [609L.31] [EXHIBITING OR PRODUCING OBSCENE 
590.13  MATERIAL OR PERFORMANCE.] 
590.14     Whoever does either of the following, knowing or with 
590.15  reason to know of its content and character, is guilty of 
590.16  exhibiting or producing obscene material or performance and may 
590.17  be sentenced as provided in section 609L.313 or 609L.315: 
590.18     (a) exhibit, sell, print, offer to sell, give away, 
590.19  circulate, publish, distribute or attempt to distribute any 
590.20  obscene material; or 
590.21     (b) produce, present, participate in, or direct an obscene 
590.22  performance. 
590.23     Sec. 29.  [609L.313] [FELONY EXHIBITING OR PRODUCING 
590.24  OBSCENE MATERIAL OR PERFORMANCE.] 
590.25     Whoever violates section 609L.31 within five years after a 
590.26  previous conviction under that section may be sentenced to 
590.27  imprisonment for not more than two years, or to payment of a 
590.28  fine of not more than $10,000, or both. 
590.29     Sec. 30.  [609L.315] [FIRST DEGREE MISDEMEANOR EXHIBITING 
590.30  OR PRODUCING OBSCENE MATERIAL OR PERFORMANCE.] 
590.31     Except as provided in section 609L.313, whoever violates 
590.32  section 609L.31 is guilty of a first degree misdemeanor. 
590.33     Sec. 31.  [609L.33] [EXHIBITING OBSCENE MOTION PICTURE AT 
590.34  DRIVE-IN THEATER.] 
590.35     Subject to the exemptions of section 609L.45, subdivision 
590.36  8, whoever exhibits an obscene motion picture at a drive-in 
591.1   theater is guilty of exhibiting an obscene motion picture and 
591.2   may be sentenced as provided in section 609L.333 or 609L.335. 
591.3      Sec. 32.  [609L.333] [GROSS MISDEMEANOR EXHIBITING OBSCENE 
591.4   MOTION PICTURE AT DRIVE-IN THEATER.] 
591.5      Subdivision 1.  [PENALTY.] Whoever violates section 609L.33 
591.6   within two years after a previous conviction is guilty of a 
591.7   gross misdemeanor. 
591.8      Subd. 2.  [MINIMUM INCARCERATION.] Whoever is convicted 
591.9   under subdivision 1 shall be sentenced to incarceration for not 
591.10  less than 20 days. 
591.11     Sec. 33.  [609L.335] [FIRST DEGREE MISDEMEANOR EXHIBITING 
591.12  OBSCENE MOTION PICTURE AT DRIVE-IN THEATER.] 
591.13     Except as provided in section 609L.333, whoever violates 
591.14  section 609L.33 is guilty of a first degree misdemeanor. 
591.15     Sec. 34.  [609L.35] [REQUIRING RETAILER TO ACCEPT 
591.16  LITERATURE.] 
591.17     Whoever, as a condition to a sale or delivery for resale of 
591.18  any paper, magazine, book, comic, periodical or publication, 
591.19  requires that the purchaser or consignee receive for resale any 
591.20  other article, book, comic, or other publication reasonably 
591.21  believed by the purchaser or consignee to be obscene is guilty 
591.22  of requiring retailer to accept literature and may be sentenced 
591.23  as provided in section 609L.355. 
591.24     Sec. 35.  [609L.355] [SECOND DEGREE MISDEMEANOR REQUIRING 
591.25  RETAILER TO ACCEPT LITERATURE.] 
591.26     Whoever violates section 609L.35 is guilty of a second 
591.27  degree misdemeanor. 
591.28     Sec. 36.  [609L.37] [MAILING OR CARRYING INDECENT MATTER.] 
591.29     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does either of 
591.30  the following is guilty of mailing or carrying indecent matter 
591.31  and may be sentenced as provided in section 609L.375: 
591.32     (a) deposits or causes to be deposited in any post office 
591.33  in the state, or place in charge of any express company or other 
591.34  common carrier or person for transportation, any of the articles 
591.35  or things specified in section 609L.31 (obscene material) or 
591.36  609L.38 (distributing indecent article), or any circular, book, 
592.1   pamphlet, advertisement or notice relating thereto, with the 
592.2   intent of having the same conveyed by mail, express, or in any 
592.3   other manner; or 
592.4      (b) knowingly or willfully receives the same with intent to 
592.5   carry or convey it, or knowingly carries or conveys the same by 
592.6   express, or in any other manner except by United States mail. 
592.7      Subd. 2.  [EXCEPTION.] The provisions of this section do 
592.8   not apply to an article or instrument used by physicians 
592.9   lawfully practicing, or by their direction or prescription, for 
592.10  the cure or prevention of disease. 
592.11     Sec. 37.  [609L.375] [SECOND DEGREE MISDEMEANOR MAILING OR 
592.12  CARRYING INDECENT MATTER.] 
592.13     Whoever violates section 609L.37 is guilty of a second 
592.14  degree misdemeanor. 
592.15     Sec. 38.  [609L.38] [DISTRIBUTING INDECENT ARTICLE OR 
592.16  INFORMATION.] 
592.17     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does either of 
592.18  the following is guilty of distributing an indecent article or 
592.19  information and may be sentenced as provided in section 609L.385:
592.20     (a) sells, lends, or gives away, or in any manner exhibits, 
592.21  or offers to sell, lend, or give away, or has in possession with 
592.22  intent to sell, lend, give away, or advertises or offers for 
592.23  sale, loan, or distribution, any instrument or article, or any 
592.24  drug or medicine for causing unlawful abortion; or 
592.25     (b) writes or prints, or causes to be written or printed, a 
592.26  card, circular, pamphlet, advertisement, or notice of any kind, 
592.27  or gives oral information, stating when, where, how, or whom, or 
592.28  by what means the article or medicine can be obtained or who 
592.29  manufactures it. 
592.30     Subd. 2.  [EXCEPTION.] The provisions of this section do 
592.31  not apply to an article or instrument used by physicians 
592.32  lawfully practicing, or by their direction or prescription, for 
592.33  the cure or prevention of disease. 
592.34     Sec. 39.  [609L.385] [SECOND DEGREE MISDEMEANOR 
592.35  DISTRIBUTING INDECENT ARTICLE OR INFORMATION.] 
592.36     Whoever violates section 609L.38 is guilty of a second 
593.1   degree misdemeanor. 
593.2      Sec. 40.  [609L.39] [SEARCH WARRANT; DESTRUCTION OF 
593.3   PROPERTY.] 
593.4      A district court, upon complaint under oath that any person 
593.5   has in possession or under control any of the obscene books, 
593.6   papers, or other matter specified in section 609L.31, 609L.35, 
593.7   609L.37, 609L.43, or 609L.67, shall issue a warrant directed to 
593.8   the sheriff or any constable of the county, directing the 
593.9   sheriff or constable to search for, seize, and take possession 
593.10  of the obscene matter.  Upon conviction of the person in whose 
593.11  possession the obscene matter was found, the judge shall cause 
593.12  it to be destroyed, and the fact to be entered upon the records 
593.13  of the court. 
593.14                        OBSCENITY AND MINORS 
593.15     Sec. 41.  [609L.41] [USING MINOR IN SEXUAL PERFORMANCE.] 
593.16     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does any of 
593.17  the following is guilty of using a minor in sexual performance 
593.18  and may be sentenced as provided in section 609L.413 or 609L.415:
593.19     (a) promotes, employs, uses, or permits a minor to engage 
593.20  in or assist others to engage in posing or modeling alone or 
593.21  with others in any sexual performance and knows or has reason to 
593.22  know that the conduct intended is a sexual performance; 
593.23     (b) owns or operates a business in which a work depicting a 
593.24  minor in a sexual performance is disseminated, and who knows the 
593.25  content and character of the work disseminated; or 
593.26     (c) disseminates for profit a work depicting a minor in 
593.27  sexual performance and knows or has reason to know the content 
593.28  and character of the work. 
593.29     Subd. 2.  [CONSENT; MISTAKE.] Neither consent to sexual 
593.30  performance by a minor or the minor's parent, guardian, or 
593.31  custodian nor mistake as to the minor's age is a defense to a 
593.32  charge of violation of this section. 
593.33     Sec. 42.  [609L.413] [FIRST DEGREE FELONY USING MINOR IN 
593.34  SEXUAL PERFORMANCE.] 
593.35     Whoever violates section 609L.41 after a previous 
593.36  conviction under section 609L.41 may be sentenced to 
594.1   imprisonment for not more than five years or to payment of a 
594.2   fine of not more than $20,000, or both. 
594.3      Sec. 43.  [609L.415] [SECOND DEGREE FELONY USING MINOR IN 
594.4   SEXUAL PERFORMANCE.] 
594.5      Except as provided in section 609L.413, whoever violates 
594.6   section 609L.41 may be sentenced to imprisonment for not more 
594.7   than five years or to payment of a fine of not more than 
594.8   $10,000, or both. 
594.9      Sec. 44.  [609L.43] [POSSESSING OR DISSEMINATING PICTORIAL 
594.10  REPRESENTATION OF MINOR.] 
594.11     Subdivision 1.  [ACTS CONSTITUTING.] Whoever does either of 
594.12  the following is guilty of possessing or disseminating pictorial 
594.13  representation of a minor and may be sentenced as provided in 
594.14  section 609L.435: 
594.15     (a) disseminates a photographic representation of sexual 
594.16  conduct that involves a minor, knowing or with reason to know 
594.17  its content and character and that an actual minor is an actor 
594.18  or photographic subject in it; or 
594.19     (b) has in possession a photographic representation of 
594.20  sexual conduct that involves a minor, knowing or with reason to 
594.21  know its content and character and that an actual minor is an 
594.22  actor or photographic subject in it. 
594.23     Subd. 2.  [EXCEPTION.] This section does not apply to the 
594.24  performance of official duties by peace officers, court 
594.25  personnel, or attorneys, nor to licensed physicians, 
594.26  psychologists, or social workers or persons acting at the 
594.27  direction of a licensed physician, psychologist, or social 
594.28  worker in the course of a bona fide treatment or professional 
594.29  education program. 
594.30     Subd. 3.  [CONSENT.] Consent to sexual performance by a 
594.31  minor or the minor's parent, guardian, or custodian is not a 
594.32  defense to a charge of violation of this section. 
594.33     Subd. 4.  [SECOND OFFENSE.] If a person is convicted of a 
594.34  second or subsequent violation of this section committed within 
594.35  15 years after the prior conviction, the court shall order a 
594.36  mental examination of the person.  The examiner shall report to 
595.1   the court whether treatment of the person is necessary. 
595.2      Subd. 5.  [POLICY; PURPOSE.] It is the policy of the 
595.3   legislature in enacting this section to protect minors from the 
595.4   physical and psychological damage caused by their being used in 
595.5   photographic representations of sexual conduct that involves 
595.6   minors.  It is therefore the intent of the legislature to 
595.7   penalize possession of photographic representations of sexual 
595.8   conduct that involve minors in order to protect the identity of 
595.9   minors who are victimized by involvement in the photographic 
595.10  representations, and to protect minors from future involvement 
595.11  in photographic representations of sexual conduct. 
595.12     Sec. 45.  [609L.435] [GROSS MISDEMEANOR POSSESSING OR 
595.13  DISSEMINATING PICTORIAL REPRESENTATION OF MINOR.] 
595.14     Whoever violates section 609L.43 is guilty of a gross 
595.15  misdemeanor. 
595.16     Sec. 46.  [609L.45] [DISSEMINATING, DISPLAYING, OR 
595.17  EXHIBITING HARMFUL MATERIAL TO MINOR.] 
595.18     Subdivision 1.  [POLICY.] The legislature finds that 
595.19  sexually explicit materials and exhibitions presented before an 
595.20  audience are harmful to minors. 
595.21     Subd. 2.  [PURPOSE.] It is in the best interest of the 
595.22  health, welfare, and safety of the citizens of this state, and 
595.23  especially of minors within the state, that commercial 
595.24  dissemination, and dissemination without monetary consideration 
595.25  in a place of public accommodation, of sexually explicit 
595.26  written, photographic, printed, sound or published materials, 
595.27  and of plays, dances, or other exhibitions presented before an 
595.28  audience, that are deemed harmful to minors, be restricted to 
595.29  persons over the age of 17 years; or, if available to minors 
595.30  under the age of 18 years, that the availability of the 
595.31  materials be restricted to sources within established and 
595.32  recognized schools, churches, museums, medical clinics and 
595.33  physicians, hospitals, public libraries, or government sponsored 
595.34  organizations. 
595.35     Subd. 3.  [SPECIAL DEFINITION OF SEXUAL CONDUCT.] "Sexual 
595.36  conduct" means acts of masturbation, homosexuality, sexual 
596.1   intercourse, or physical contact with a person's unclothed 
596.2   genitals, pubic area, buttocks or, if the person be a female, 
596.3   her breast. 
596.4      Subd. 4.  [DISSEMINATING.] Whoever knowingly sells or loans 
596.5   the following to a minor for monetary consideration is guilty of 
596.6   disseminating harmful material to a minor and may be sentenced 
596.7   as provided in section 609L.453: 
596.8      (a) any picture, photograph, drawing, sculpture, motion 
596.9   picture film, or similar visual representation or image of a 
596.10  person or portion of the human body that depicts nudity, sexual 
596.11  conduct, or sadomasochistic abuse and that is harmful to minors; 
596.12  or 
596.13     (b) any book, pamphlet, magazine, printed matter however 
596.14  reproduced, or sound recording that contains any matter 
596.15  enumerated in paragraph (a), or that contains explicit and 
596.16  detailed verbal descriptions or narrative accounts of sexual 
596.17  excitement, sexual conduct, or sadomasochistic abuse that, taken 
596.18  as a whole, is harmful to minors. 
596.19     Subd. 5.  [DISPLAYING.] Whoever commercially and knowingly 
596.20  displays or exhibits either of the following is guilty of 
596.21  displaying harmful material to a minor and may be sentenced as 
596.22  provided in section 609L.455: 
596.23     (a) any material that is harmful to minors in its content 
596.24  in any place of public accommodation where minors are or may be 
596.25  present and where minors are able to view the material unless 
596.26  each item is kept in a sealed wrapper at all times; or 
596.27     (b) any material the cover or packaging of that, standing 
596.28  alone, is harmful to minors in any place of public accommodation 
596.29  where minors are or may be present or allowed to be present and 
596.30  where minors are able to view the material unless each item is 
596.31  blocked from view by an opaque cover.  The opaque cover 
596.32  requirement is satisfied if those portions of the cover or 
596.33  packaging containing the material harmful to minors are blocked 
596.34  from view by an opaque cover. 
596.35     Subd. 6.  [EXHIBITING.] A person is guilty of exhibiting 
596.36  harmful material to minor and may be sentenced as provided in 
597.1   section 609L.453 if the person knowingly exhibits for a monetary 
597.2   consideration to a minor, knowingly sells to a minor an 
597.3   admission ticket or pass, or knowingly admits a minor whether or 
597.4   not for a monetary consideration, to a place of public 
597.5   accommodation where there is exhibited a motion picture, show or 
597.6   other presentation or a play, dance, or other exhibition 
597.7   presented before an audience that, in whole or in part, depicts 
597.8   nudity, sexual conduct, or, sadomasochistic abuse and that is 
597.9   harmful to minors. 
597.10     Subd. 7.  [EXCEPTION.] (a) The provisions of subdivision 5 
597.11  do not apply to the exhibition or display of materials harmful 
597.12  to minors under circumstances where minors are not present or 
597.13  are not able to view the material or the material's cover or 
597.14  packaging. 
597.15     (b) A person may comply with the requirements of this 
597.16  subdivision by: 
597.17     (1) physically segregating the material in a manner that 
597.18  physically prohibits access to and view of the material by 
597.19  minors; 
597.20     (2) prominently posting at the entrance to the restricted 
597.21  area:  "Adults only--you must be 18 to enter"; and 
597.22     (3) enforcing the restriction. 
597.23     Subd. 8.  [EXEMPTIONS.] The following are exempt from 
597.24  criminal or other action hereunder: 
597.25     (a) Recognized and established schools, churches, museums 
597.26  medical clinics and physicians, hospitals, public libraries, 
597.27  governmental agencies or quasi governmental sponsored 
597.28  organizations, and persons acting in their capacity as employees 
597.29  or agents of the organization.  For the purpose of this section 
597.30  "recognized and established" means an organization or agency 
597.31  having a full time faculty and diversified curriculum in the 
597.32  case of a school; a church affiliated with a national or 
597.33  regional denomination; a licensed physician or psychiatrist or 
597.34  clinic of licensed physicians or psychiatrists; and in all other 
597.35  exempt organizations refers only to income tax exempted 
597.36  organizations that are supported in whole or in part by tax 
598.1   funds or that receive at least one-third of their support from 
598.2   publicly donated funds. 
598.3      (b) Individuals in a parental relationship with the minor. 
598.4      (c) Motion picture machine operators, stagehands, or other 
598.5   theater employees such as cashiers, doorkeepers, ushers, and 
598.6   concession employees, if the person or persons have no financial 
598.7   interest in the entertainment presented other than the salary or 
598.8   wage, or in any theater or place where the employee has no 
598.9   financial interest when the employee's services are obtained 
598.10  solely for salary or wage; provided, that the employee is under 
598.11  the direct supervision of a theater manager who is a resident of 
598.12  this state and who is not exempt from action under sections. 
598.13     Subd. 9.  [TEMPORARY RESTRAINING ORDER OR INJUNCTION.] 
598.14  Whenever any county attorney, or the attorney general of this 
598.15  state, has reasonable cause to believe that any person within 
598.16  this state is violating this section, the prosecuting attorney 
598.17  may by verified petition seek a temporary restraining order or 
598.18  temporary injunction in the district court in the county in 
598.19  which the alleged violation occurred.  No temporary restraining 
598.20  order or preliminary injunction shall be issued without a prior 
598.21  show cause notice of hearing to the respondents named in the 
598.22  petition, and an opportunity for the respondents to be heard.  
598.23  Personal service of the show cause order and of the petition 
598.24  made as in civil actions on the named respondents, or upon any 
598.25  of their employees or agents found within the state, constitutes 
598.26  sufficient notice.  The show cause order for hearing may be 
598.27  returnable on the third day from the date of service as to a 
598.28  respondent who is present in this state, and on the fifth day as 
598.29  to a person not a resident or not found within this state. 
598.30     Subd. 10.  [EVIDENCE OF ADHERENCE TO MOTION PICTURE RATING 
598.31  SYSTEM.] In any proceeding or prosecution involving the 
598.32  exhibitor or owner of any motion picture theater, evidence of 
598.33  compliance or noncompliance with and adherence to a rating 
598.34  system recognized in the motion picture industry is admissible. 
598.35     Sec. 47.  [609L.453] [GROSS MISDEMEANOR DISSEMINATING OR 
598.36  EXHIBITING HARMFUL MATERIAL TO MINOR.] 
599.1      Whoever violates section 609L.45, subdivision 4 or 6, is 
599.2   guilty of a gross misdemeanor. 
599.3      Sec. 48.  [609L.455] [FIRST DEGREE MISDEMEANOR DISPLAYING 
599.4   HARMFUL MATERIAL TO MINOR.] 
599.5      Whoever violates section 609L.45, subdivision 5, is guilty 
599.6   of a first degree misdemeanor. 
599.7      Sec. 49.  [609L.47] [CIVIL ACTION.] 
599.8      Subdivision 1.  [CAUSE OF ACTION.] (a) A cause of action 
599.9   exists for injury caused by the use of a person under the age of 
599.10  16 in a sexual performance.  The cause of action exists against 
599.11  a person who promotes, employs, uses, or permits a person under 
599.12  the age of 16 to engage or assist others to engage in posing or 
599.13  modeling alone or with others in a sexual performance, if the 
599.14  person knows or has reason to know that the conduct intended is 
599.15  a sexual performance. 
599.16     (b) A person found liable for injuries under this section 
599.17  is liable to the person under the age of 16 for damages. 
599.18     (c) Neither consent to sexual performance by the person 
599.19  under the age of 16 or by that person's parent, guardian, or 
599.20  custodian, or mistake as to the minor's age is a defense to the 
599.21  action. 
599.22     Subd. 2.  [LIMITATION PERIOD.] (a) An action for damages 
599.23  under this section must be commenced within six years after the 
599.24  time the plaintiff knew or had reason to know injury was caused 
599.25  by plaintiff's use as a person under the age of 16 in a sexual 
599.26  performance. 
599.27     (b) The knowledge of a parent, guardian, or custodian may 
599.28  not be imputed to the person under the age of 16. 
599.29     (c) This section does not affect the suspension of the 
599.30  statute of limitations during a period of disability under 
599.31  section 541.15. 
599.32                       FAMILY-RELATED CRIMES 
599.33     Sec. 50.  [609L.51] [NONSUPPORT OF SPOUSE OR CHILD.] 
599.34     Subdivision 1.  [ACTS CONSTITUTING.] Whoever is legally 
599.35  obligated to provide care and support to a spouse or child, 
599.36  whether or not custody has been granted to another, and 
600.1   knowingly omits and fails without lawful excuse to do so is 
600.2   guilty of nonsupport of spouse or child and may be sentenced as 
600.3   provided in sections 609L.513 to 609L.517. 
600.4      Subd. 2.  [ORDER FOR SUPPORT.] Upon conviction, the court 
600.5   may provide by order for the care and support of the child or 
600.6   spouse for a period not to exceed five years, require bond or 
600.7   other security to the state to secure performance thereof, and 
600.8   suspend sentence or execution thereof, conditioned upon 
600.9   compliance with the order. 
600.10     Subd. 3.  [VIOLATION OF ORDER.] If, upon order to show 
600.11  cause duly made, the court finds that an order made pursuant to 
600.12  subdivision 2 has been violated, the suspension may be revoked 
600.13  and sentence imposed or executed, and the obligors of the bond 
600.14  or security shall become liable pursuant to the terms thereof, 
600.15  and, with leave of the court, the spouse, or child, or any 
600.16  public agency that furnished care or support to the spouse or 
600.17  child while the order for care and support was in force, may 
600.18  recover thereon. 
600.19     Subd. 4.  [VENUE.] A person who violates this section may 
600.20  be prosecuted and tried in the county in which the support 
600.21  obligor resides or in the county in which the obligee or the 
600.22  child resides. 
600.23     Subd. 5.  [DISMISSAL OF CHARGE.] (a) A felony charge 
600.24  brought under section 609L.513 shall be dismissed if: 
600.25     (1) the support obligor provides the county child support 
600.26  enforcement agency with an affidavit attesting the obligor's 
600.27  present address, occupation, employer, and current income, and 
600.28  consents to service of an order for automatic income 
600.29  withholding; or 
600.30     (2) the support obligor makes satisfactory arrangements for 
600.31  payment with the county child support enforcement agency of all 
600.32  accumulated arrearages and any ongoing support obligations.  For 
600.33  purposes of this section, satisfactory arrangements shall be 
600.34  reasonably consistent with the obligor's ability to pay. 
600.35     (b) In any case for which dismissal is sought under this 
600.36  subdivision, the felony charge shall be continued for dismissal 
601.1   for a period of six months.  If the obligor meets all 
601.2   requirements of the payment plan within that six-month period, 
601.3   the felony charge shall be dismissed. 
601.4      Sec. 51.  [609L.513] [FELONY NONSUPPORT OF SPOUSE OR 
601.5   CHILD.] 
601.6      Whoever violates section 609L.51 and the violation 
601.7   continues for a period in excess of 180 days may be sentenced to 
601.8   imprisonment for not more than two years or to payment of a fine 
601.9   of not more than $4,000, or both. 
601.10     Sec. 52.  [609L.515] [FIRST DEGREE MISDEMEANOR NONSUPPORT 
601.11  OF SPOUSE OR CHILD.] 
601.12     Except as provided in section 609L.513, whoever violates 
601.13  section 609L.51 and the violation continues for a period in 
601.14  excess of 90 days is guilty of a first degree misdemeanor. 
601.15     Sec. 53.  [609L.517] [SECOND DEGREE MISDEMEANOR NONSUPPORT 
601.16  OF SPOUSE OR CHILD.] 
601.17     Except as provided in section 609L.513 or 609L.515, whoever 
601.18  violates section 609L.51 is guilty of a second degree 
601.19  misdemeanor. 
601.20     Sec. 54.  [609L.53] [LEAVING STATE TO EVADE PATERNITY 
601.21  PROCEEDINGS.] 
601.22     Whoever, with intent to evade proceedings to establish his 
601.23  paternity, leaves the state knowing that a woman with whom he 
601.24  has had sexual intercourse is either pregnant or has given birth 
601.25  to a living child within the previous 60 days is guilty of 
601.26  leaving the state to evade paternity proceedings and may be 
601.27  sentenced as provided in section 609L.535. 
601.28     Sec. 55.  [609L.535] [FELONY LEAVING STATE TO EVADE 
601.29  PATERNITY PROCEEDINGS.] 
601.30     Whoever violates section 609L.53 may be sentenced to 
601.31  imprisonment for not more than two years or to payment of a fine 
601.32  of not more than $4,000, or both. 
601.33     Sec. 56.  [609L.55] [BIGAMY.] 
601.34     Whoever does any of the following is guilty of bigamy and 
601.35  may be sentenced as provided in section 609L.555: 
601.36     (a) knowingly having a prior marriage that is not 
602.1   dissolved, contracts a marriage in this state; 
602.2      (b) contracts a marriage with another in this state with 
602.3   knowledge that the prior marriage of the other is not dissolved; 
602.4   or 
602.5      (c) marries another outside this state with knowledge that 
602.6   either of them has a prior marriage that has not been dissolved, 
602.7   and then cohabits with the other in this state. 
602.8      Sec. 57.  [609L.555] [FELONY BIGAMY.] 
602.9      Whoever violates section 609L.55 may be sentenced to 
602.10  imprisonment for not more than five years or to payment of a 
602.11  fine of not more than $10,000, or both. 
602.12     Sec. 58.  [609L.57] [INCEST.] 
602.13     Whoever has sexual intercourse with another nearer of kin 
602.14  to the actor than first cousin, computed by rules of the civil 
602.15  law, whether of the half or the whole blood, with knowledge of 
602.16  the relationship, is guilty of incest and may be sentenced as 
602.17  provided in section 609L.575. 
602.18     Sec. 59.  [609L.575] [FELONY INCEST.] 
602.19     Whoever violates section 609L.57 may be sentenced to 
602.20  imprisonment for not more than ten years or to payment of a fine 
602.21  of $20,000, or both. 
602.22                  MEDICAL OR HEALTH-RELATED CRIMES 
602.23     Sec. 60.  [609L.61] [CONCEALING STILLBIRTH OR DEATH OF 
602.24  CHILD.] 
602.25     Whoever conceals the stillbirth of any issue, or the death 
602.26  of any issue under the age of two years is guilty of concealing 
602.27  stillbirth or death of a child and may be sentenced as provided 
602.28  in section 609L.613 or 609L.615. 
602.29     Sec. 61.  [609L.613] [FELONY CONCEALING STILLBIRTH OR DEATH 
602.30  OF CHILD.] 
602.31     Whoever violates section 609L.61 after a previous 
602.32  conviction of a violation of the same section may be sentenced 
602.33  to not more than five years imprisonment or to payment of a fine 
602.34  of not more than $10,000, or both. 
602.35     Sec. 62.  [609L.615] [SECOND DEGREE MISDEMEANOR CONCEALING 
602.36  STILLBIRTH OR DEATH OF CHILD.] 
603.1      Except as provided in section 609L.613, whoever violates 
603.2   section 609L.61 is guilty of a second degree misdemeanor. 
603.3      Sec. 63.  [609L.63] [CONCEALING BIRTH OF CHILD.] 
603.4      Whoever endeavors to conceal the birth of a child by any 
603.5   disposition of its dead body, whether the child died before or 
603.6   after its birth, is guilty of concealing a birth and may be 
603.7   sentenced as provided in section 609L.635. 
603.8      Sec. 64.  [609L.635] [SECOND DEGREE MISDEMEANOR CONCEALING 
603.9   BIRTH.] 
603.10     Whoever violates section 609L.63 is guilty of a second 
603.11  degree misdemeanor. 
603.12     Sec. 65.  [609L.65] [PRODUCING MISCARRIAGE.] 
603.13     Whoever manufactures, gives, or sells an instrument, drug, 
603.14  or medicine, or any other substance, with the intent of 
603.15  unlawfully producing a miscarriage is guilty of producing a 
603.16  miscarriage and may be sentenced as provided in section 609L.655.
603.17     Sec. 66.  [609L.655] [FELONY PRODUCING MISCARRIAGE.] 
603.18     Whoever violates section 609L.65 may be sentenced to not 
603.19  more than five years imprisonment or payment of a fine of not 
603.20  more than $10,000, or both. 
603.21     Sec. 67.  [609L.67] [EVIDENCE OF ABORTION.] 
603.22     In any prosecution for abortion or attempting abortion, no 
603.23  person shall be excused from testifying as a witness on the 
603.24  ground that the person's testimony would tend to incriminate the 
603.25  person. 
603.26     Sec. 68.  [609L.69] [ADVERTISING OR PUBLISHING UNLAWFUL 
603.27  MEDICAL CLAIM.] 
603.28     Subdivision 1.  [ADVERTISING.] Whoever does any of the 
603.29  following is guilty of advertising unlawful medical claim and 
603.30  may be sentenced as provided in section 609L.693: 
603.31     (a) advertises, in the person's own name or in the name of 
603.32  another person, firm or pretended firm, association, corporation 
603.33  or pretended corporation, in any newspaper, pamphlet, circular, 
603.34  or other written or printed paper, the treatment or curing of 
603.35  venereal diseases, the restoration of "lost virility" or "lost 
603.36  vitality"; 
604.1      (b) advertises in any manner that the person is a 
604.2   specialist in diseases of the sexual organs, or diseases caused 
604.3   by sexual weakness, self-abuse, or excessive sexual indulgence, 
604.4   or in any disease of like causes; or 
604.5      (c) advertises in any manner any medicine, drug compound, 
604.6   appliance or any means whatever whereby it is claimed that 
604.7   sexual diseases of men and women may be cured or relieved, or 
604.8   miscarriage or abortion produced. 
604.9      Subd. 2.  [PUBLISHING.] Whoever publishes, distributes, or 
604.10  causes to be distributed or circulated, any of the advertising 
604.11  matter prohibited in subdivision 1 is guilty of publishing 
604.12  unlawful medical claim and may be sentenced as provided in 
604.13  section 609L.695. 
604.14     Subd. 3.  [EVIDENCE.] The production of any advertisement 
604.15  or advertising matter published or distributed contrary to the 
604.16  provisions of this section is of itself prima facie evidence of 
604.17  the guilt of the person advertising to cure any disease 
604.18  specified in subdivision 1, or of the publishers who publish 
604.19  matter prohibited by this section. 
604.20     Sec. 69.  [609L.693] [SECOND DEGREE MISDEMEANOR ADVERTISING 
604.21  UNLAWFUL MEDICAL CLAIM.] 
604.22     Whoever violates section 609L.69, subdivision 1, is guilty 
604.23  of a second degree misdemeanor. 
604.24     Sec. 70.  [609L.695] [THIRD DEGREE MISDEMEANOR PUBLISHING 
604.25  UNLAWFUL MEDICAL CLAIM.] 
604.26     Whoever violates section 609L.69, subdivision 2, is guilty 
604.27  of a third degree misdemeanor. 
604.28                             FIREWORKS 
604.29     Sec. 71.  [609L.71] [SELLING, POSSESSING, OR USING 
604.30  FIREWORKS.] 
604.31     Subdivision 1.  [ACTS CONSTITUTING.] Except as otherwise 
604.32  provided in section 609L.73, whoever offers for sale, exposes 
604.33  for sale, sells at retail or wholesale, possesses, advertises, 
604.34  uses, or explodes any fireworks is guilty of selling, 
604.35  possessing, or using fireworks and may be sentenced as provided 
604.36  in sections 609L.713 to 609L.715. 
605.1      Subd. 2.  [EXEMPTION.] This section shall not be construed 
605.2   to prohibit the possession, use, or explosion of fireworks by an 
605.3   engineer licensed pursuant to sections 326.02 and 326.03 or a 
605.4   person under the engineer's direct supervision when undertaking 
605.5   acoustical testing; or sales at wholesale to those persons 
605.6   holding valid permits for a fireworks display from a 
605.7   governmental subdivision of the state; or sales outside the 
605.8   state or sales to licensed professional engineers for acoustical 
605.9   testing purposes only. 
605.10     Sec. 72.  [609L.713] [GROSS MISDEMEANOR SELLING, 
605.11  POSSESSING, OR USING FIREWORKS.] 
605.12     Whoever violates section 609L.71 is guilty of a gross 
605.13  misdemeanor if the violation involves 35 pounds gross container 
605.14  weight or more of fireworks that contain pyrotechnic or flash 
605.15  powder, gunpowder, black powder, or any other explosive compound 
605.16  constructed to produce detonation or deflagration. 
605.17     Sec. 73.  [609L.715] [SECOND DEGREE MISDEMEANOR SELLING, 
605.18  POSSESSING, OR USING FIREWORKS.] 
605.19     Except as provided in section 609L.733, whoever violates 
605.20  section 609L.71 is guilty of a second degree misdemeanor. 
605.21     Sec. 74.  [609L.73] [OTHER FIREWORKS PROVISIONS.] 
605.22     Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
605.23  INVESTIGATION; FEE.] (a) Sections 609L.71 and 609L.73 do not 
605.24  prohibit the supervised display of fireworks by a statutory or 
605.25  home rule charter city, fair association, amusement park, or 
605.26  other organization, except that: 
605.27     (1) a fireworks display may be conducted only when 
605.28  supervised by an operator certified by the state fire marshal; 
605.29  and 
605.30     (2) a fireworks display must either be given by a city or 
605.31  fair association within its own limits, or by any other 
605.32  organization, whether public or private, only after a permit for 
605.33  the display has first been secured. 
605.34     (b) Every application for such a permit shall be made in 
605.35  writing to the city clerk at least 15 days in advance of the 
605.36  date of the display and shall list the name of an operator who: 
606.1      (1) is certified by the state fire marshal; and 
606.2      (2) will supervise the display. 
606.3      (c) The application shall be promptly referred to the chief 
606.4   of the fire department who shall make an investigation to 
606.5   determine whether the operator of the display is competent and 
606.6   is certified by the state fire marshal, and whether the display 
606.7   is of such a character and is to be so located, discharged, or 
606.8   fired that it will not be hazardous to property or endanger any 
606.9   person.  The fire chief shall report the results of this 
606.10  investigation to the clerk.  If the fire chief reports that the 
606.11  operator is certified, that in the chief's opinion the operator 
606.12  is competent, and that the fireworks display as planned will 
606.13  conform to the safety guidelines of the state fire marshal 
606.14  provided for in paragraph (f), the clerk shall issue a permit 
606.15  for the display when the applicant pays a permit fee. 
606.16     (d) When the supervised fireworks display for which a 
606.17  permit is sought is to be held outside the limits of a city, the 
606.18  application shall be made to the county auditor and the duties 
606.19  imposed by this section upon the clerk of the city shall be 
606.20  performed by the county auditor.  The duties imposed on the fire 
606.21  chief of the city by this section shall be performed by the 
606.22  county sheriff. 
606.23     (e) After the permit has been granted, sales, possession, 
606.24  use, and distribution of fireworks for the display is lawful for 
606.25  that purpose only.  No permit so granted shall be transferable. 
606.26     (f) By January 1, 1996, the state fire marshal shall adopt 
606.27  and disseminate to political subdivisions reasonable guidelines 
606.28  on fireworks display safety, which are exempt from chapter 14, 
606.29  that are consistent with sections this section and the most 
606.30  recent editions of the Minnesota Uniform Fire Code and the 
606.31  National Fire Protection Association Standards, to insure that 
606.32  fireworks displays are given safely.  In the guidelines, the 
606.33  state fire marshal shall allow political subdivisions to exempt 
606.34  the use of relatively safe fireworks for theatrical special 
606.35  effects, ceremonial occasions, and other limited purposes, as 
606.36  determined by the state fire marshal. 
607.1      Subd. 2.  [OPERATOR CERTIFICATION REQUIREMENTS.] (a) An 
607.2   applicant to be a supervising operator of a fireworks display 
607.3   shall meet the requirements of this subdivision before the 
607.4   applicant is certified by the state fire marshal. 
607.5      (b) An applicant must be at least 21 years old. 
607.6      (c) An applicant must have completed a written examination, 
607.7   administered or approved by the state fire marshal, and achieved 
607.8   a passing score of at least 70 percent.  The state fire marshal 
607.9   must be satisfied that achieving a passing score on the 
607.10  examination satisfactorily demonstrates the applicant's 
607.11  knowledge of statutes, codes, and nationally recognized 
607.12  standards concerning safe practices for the discharge and 
607.13  display of fireworks. 
607.14     (d) An applicant shall apply in writing to the state fire 
607.15  marshal by completing and signing an application form provided 
607.16  by the state fire marshal. 
607.17     (e) An applicant shall submit evidence of experience, which 
607.18  must include active participation as an assistant or operator in 
607.19  the performance of at least five fireworks displays, at least 
607.20  one of which must have occurred in the current or preceding year.
607.21     Subd. 3.  [CERTIFICATION APPLICATION; FEE.] An applicant 
607.22  shall submit a completed initial application form including 
607.23  references and evidence of experience and successful completion 
607.24  of the written examination.  Applicants shall pay a 
607.25  certification fee of $100 to the state fire marshal division of 
607.26  the department of public safety.  The state fire marshal shall 
607.27  review the application and send to the applicant written 
607.28  confirmation or denial of certification within 30 days after 
607.29  receiving the application.  Certification is valid for a period 
607.30  of four years after the date of issuance. 
607.31     Subd. 4.  [CLASSIFICATION.] When an applicant has met the 
607.32  requirements of subdivisions 2 and 3, the state fire marshal 
607.33  shall certify and classify the operator for supervising 
607.34  proximate audience displays, including indoor fireworks 
607.35  displays, for supervising traditional outdoor fireworks 
607.36  displays, or for supervising both types of displays, based on 
608.1   the operator's documented experience. 
608.2      Subd. 5.  [RESPONSIBILITIES OF OPERATOR.] The operator is 
608.3   responsible for ensuring the fireworks display is organized and 
608.4   operated in accordance with the state fire marshal's guidelines 
608.5   described in subdivision 1. 
608.6      Subd. 6.  [REPORTS.] (a) The certified operator shall 
608.7   submit a written report to the state fire marshal within ten 
608.8   days following a fireworks display conducted by the operator if 
608.9   any of the following occurred: 
608.10     (1) an injury to any person resulting from the display of 
608.11  fireworks; 
608.12     (2) a fire or damage to property resulting from the display 
608.13  of fireworks; or 
608.14     (3) an unsafe or defective pyrotechnic product or equipment 
608.15  was used or observed. 
608.16     (b) The certified operator shall submit a written report to 
608.17  the state fire marshal within 30 days following any other 
608.18  fireworks displays supervised by the operator. 
608.19     (c) The state fire marshal may require other information 
608.20  from operators relating to fireworks displays. 
608.21     Subd. 7.  [OPERATOR CERTIFICATION RENEWAL.] An applicant 
608.22  shall submit a completed renewal application form prepared and 
608.23  provided by the state fire marshal, which must include at least 
608.24  the dates, locations, and authorities issuing the permits for at 
608.25  least three fireworks displays participated in or supervised by 
608.26  the applicant and conducted during the past four years.  An 
608.27  applicant shall pay a certification renewal fee of $100 to the 
608.28  state fire marshal division of the department of public safety.  
608.29  The state fire marshal shall review the application and send to 
608.30  the applicant written confirmation or denial of certification 
608.31  renewal within 30 days after receiving the application.  
608.32  Certification is valid for a period of four years from the date 
608.33  of issuance. 
608.34     Subd. 8.  [SUSPENSION, REVOCATION, OR REFUSAL TO RENEW 
608.35  CERTIFICATION.] The state fire marshal may suspend, revoke, or 
608.36  refuse to renew certification of an operator if the operator has:
609.1      (1) submitted a fraudulent application; 
609.2      (2) caused or permitted a fire or safety hazard to exist or 
609.3   occur during the storage, transportation, handling, preparation, 
609.4   or use of fireworks; 
609.5      (3) conducted a display of fireworks without a permit 
609.6   required by the state or a political subdivision; 
609.7      (4) conducted a display of fireworks with assistants who 
609.8   were not at least 18 years of age, properly instructed, and 
609.9   continually supervised; or 
609.10     (5) otherwise failed to comply with any federal or state 
609.11  law or regulation, or the guidelines, relating to fireworks. 
609.12     Subd. 9.  [DATABASE.] The commissioner of public safety 
609.13  shall maintain a database of the information required under this 
609.14  section for purposes of: 
609.15     (a) law enforcement; 
609.16     (b) investigative inquiries made under subdivision 1; and 
609.17     (c) the accumulation and statistical analysis of 
609.18  information relative to fireworks displays. 
609.19     Subd. 10.  [EXEMPTIONS FOR LICENSE OR PERMIT 
609.20  HOLDER.] Sections 609L.71 to 609L.73 do not apply to: 
609.21     (a) the holders of a federal explosives license or permit 
609.22  issued pursuant to United States Code, title 18, chapter 40, or 
609.23  their agents when the holder or agent is acting in compliance 
609.24  with the conditions of licensure; or 
609.25     (b) the holders of permits issued pursuant to this section 
609.26  or their agents, from the date of issuance until 20 days after 
609.27  the date of exhibition authorized by the permit, when the holder 
609.28  or agent is acting in compliance with the conditions of the 
609.29  permit and this section. 
609.30     Subd. 11.  [SEIZURE OF ILLEGAL FIREWORKS.] The state fire 
609.31  marshal, or any sheriff, police officer, constable, or local 
609.32  fire marshal, shall seize, take, remove, or cause to be removed, 
609.33  at the expense of the owner, all stocks of fireworks or 
609.34  combustibles offered or exposed for sale, stored, or held in 
609.35  violation of sections 609L.71 to 609L.73. 
609.36     Subd. 12.  [CONSTRUCTION OF FIREWORKS PROVISIONS.] Nothing 
610.1   in sections 609L.71 to 609L.73 prohibits: 
610.2      (a) any resident wholesaler, dealer, or jobber, from 
610.3   possessing or selling at wholesale fireworks that are not 
610.4   prohibited; 
610.5      (b) the possession or sale of any kind of fireworks for 
610.6   shipment directly out of the state; 
610.7      (c) the possession or use of fireworks by airplanes and 
610.8   railroads, or other transportation agencies for signal purposes 
610.9   or illumination; or 
610.10     (d) the possession, sale, or use of blank cartridges for a 
610.11  show or theater, or for signal or ceremonial purposes in 
610.12  athletics or sports, or for use by military organizations or for 
610.13  use as a bird or animal repelling device. 
610.14                          PUBLIC PROPERTY 
610.15     Sec. 75.  [609L.75] [INTERFERING WITH USE OF PUBLIC 
610.16  PROPERTY.] 
610.17     Subdivision 1.  [SPECIAL DEFINITION OF PUBLIC PROPERTY.] As 
610.18  used in this section, "public property" means any building or 
610.19  other property owned by or in control of the state or any of its 
610.20  political subdivisions or of the board of regents of the 
610.21  University of Minnesota. 
610.22     Subd. 2.  [POLICY.] The state of Minnesota acknowledges and 
610.23  reaffirms the right of its citizens to petition, peacefully and 
610.24  in an orderly manner, all levels and units of government for the 
610.25  redress of grievances of whatever nature, but also affirms that 
610.26  functions and proceedings of governmental bodies and agencies 
610.27  must remain free from organized or calculated confusion, 
610.28  disturbance or delay, and that to this end rules and regulations 
610.29  for the governance of public property and business lawfully 
610.30  promulgated must be observed. 
610.31     Subd. 3.  [PURPOSE.] For the purpose of protecting the 
610.32  free, proper, and lawful access to, egress from, and proper use 
610.33  of public property, and for the purpose of protecting the 
610.34  conduct of public business therein or thereon, free from 
610.35  interference, or disruption or the threat thereof, the 
610.36  legislature or any public officer, agency, or board having the 
611.1   supervision thereof may to that end promulgate reasonable rules 
611.2   and regulations. 
611.3      Subd. 4.  [EVIDENCE.] Violation of a rule or regulation 
611.4   that has been published, posted, or announced in a reasonable 
611.5   manner at the time of the conduct shall be prima facie evidence 
611.6   of intent to violate this section. 
611.7      Subd. 5.  [UNLAWFUL CONDUCT.] Whoever, intentionally, or 
611.8   through coercion, force, or intimidation, denies or interferes 
611.9   with the lawful right of another to the free access to or egress 
611.10  from or to use or remain in or upon public property or in like 
611.11  manner interferes with the transaction of public business 
611.12  therein or thereon is guilty of interfering with use of public 
611.13  property and may be sentenced as provided in section 609L.755. 
611.14     Subd. 6.  [EXEMPTION.] Nothing contained herein shall in 
611.15  any way affect the provisions of chapter 179 (labor relations). 
611.16     Sec. 76.  [609L.755] [GROSS MISDEMEANOR INTERFERING WITH 
611.17  USE OF PUBLIC PROPERTY.] 
611.18     Whoever violates section 609L.75 is guilty of a gross 
611.19  misdemeanor. 
611.20     Sec. 77.  [609L.77] [OBSTRUCTING PUBLIC LEVEE.] 
611.21     Whoever does the following is guilty of obstructing a 
611.22  public levee and may be sentenced as provided in section 
611.23  609L.775: 
611.24     (a) moors or lays any houseboat, or other craft not used 
611.25  for the transportation of freight or passengers, at the public 
611.26  levee of any city, or town, on the navigable waters of this 
611.27  state, where it will interfere with, inconvenience, or endanger 
611.28  the landing of any freight, passenger, or towing vessel; and 
611.29     (b) and upon notice to remove the boat or craft by the 
611.30  police of any city, or town, or the owner or agent of any 
611.31  freight, passenger, or towing craft, that it is obstructing the 
611.32  levee, interfering with, inconveniencing, or endangering the 
611.33  landing of any freight, passenger, or towing vessel, neglects or 
611.34  refuses to do so. 
611.35     Sec. 78.  [609L.775] [INFRACTION OBSTRUCTING PUBLIC LEVEE.] 
611.36     Whoever violates section 609L.77 is guilty of an infraction.
612.1                            MISCELLANEOUS 
612.2      Sec. 79.  [609L.81] [EXHIBITING FALSE TRAFFIC SIGNAL.] 
612.3      Whoever exhibits a false light or signal or interferes with 
612.4   a light, signal, or sign controlling or guiding traffic on a 
612.5   railroad track, navigable waters, or in the air, is guilty of 
612.6   exhibiting a false traffic signal and may be sentenced as 
612.7   provided in section 609L.813 or 609L.815. 
612.8      Sec. 80.  [609L.813] [FELONY EXHIBITING FALSE TRAFFIC 
612.9   SIGNAL.] 
612.10     Whoever violates section 609L.81 and knows that doing so 
612.11  creates a risk of death or bodily harm or serious property 
612.12  damage may be sentenced to imprisonment for not more than five 
612.13  years or to payment of a fine of not more than $10,000, or both. 
612.14     Sec. 81.  [609L.815] [SECOND DEGREE MISDEMEANOR EXHIBITING 
612.15  FALSE TRAFFIC SIGNAL.] 
612.16     Except as provided in section 609L.813, whoever violates 
612.17  section 609L.81 is guilty of a second degree misdemeanor. 
612.18     Sec. 82.  [609L.83] [UNLAWFUL RED LIGHT OR SIGN.] 
612.19     Subdivision 1.  [MAINTAINING RED LIGHT OR SIGN.] Whoever 
612.20  places, maintains, or displays any red light or red sign, 
612.21  signal, or lighting device in any line of railroad on or over 
612.22  which trains are operated in such a way as to interfere with the 
612.23  effectiveness or efficiency of any signals or devices used in 
612.24  the operation of a railroad is guilty of unlawful red light or 
612.25  sign and may be sentenced as provided in section 609L.833 or 
612.26  609L.835. 
612.27     Subd. 2.  [REMOVAL.] If a prohibited light or sign 
612.28  interferes with the effectiveness or efficiency of the signals 
612.29  or devices used in the operation of a railroad, the department 
612.30  of public service may cause the removal of it and the department 
612.31  may issue notices and orders for its removal.  The department 
612.32  shall proceed as provided in sections 216.13, 216.14, 216.15, 
612.33  216.16, and 216.17, with a right of appeal to the aggrieved 
612.34  party in accordance with chapter 14. 
612.35     Subd. 3.  [MAINTAINING AFTER NOTICE TO REMOVE.] Whoever 
612.36  maintains or displays any light after written notice from the 
613.1   department of public service that the light constitutes a 
613.2   traffic hazard and that it has ordered the removal thereof is 
613.3   guilty of unlawful red light and may be sentenced as provided in 
613.4   section 609L.833 or 609L.835. 
613.5      Sec. 83.  [609L.833] [SECOND DEGREE MISDEMEANOR UNLAWFUL 
613.6   RED LIGHT OR SIGN.] 
613.7      Whoever violates section 609L.83 is guilty of a second 
613.8   degree misdemeanor if the violation is committed in a manner or 
613.9   under circumstances as to endanger or be likely to endanger any 
613.10  person or property. 
613.11     Sec. 84.  [609L.835] [INFRACTION UNLAWFUL RED LIGHT OR 
613.12  SIGN.] 
613.13     Except as provided in section 609L.833, whoever violates 
613.14  section 609L.83 is guilty of an infraction. 
613.15     Sec. 85.  [609L.85] [POSSESSING ALCOHOL ON SCHOOL OR STATE 
613.16  HOSPITAL GROUNDS.] 
613.17     Subdivision 1.  [POSSESSING ALCOHOL ON SCHOOL 
613.18  GROUNDS.] Except as otherwise provided in subdivision 2, it is 
613.19  unlawful for any person to introduce or possess an alcoholic 
613.20  beverage on any public elementary or secondary school ground or 
613.21  in any public elementary or secondary school building. 
613.22     Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to the 
613.23  following: 
613.24     (a) experiments in laboratories; 
613.25     (b) a person who has been issued a temporary license to 
613.26  sell 3.2 percent malt liquor under section 340A.403, subdivision 
613.27  2, or intoxicating liquor under section 340A.404, subdivision 
613.28  10; or 
613.29     (c) a person possessing 3.2 percent malt liquor or 
613.30  intoxicating liquor as a result of a purchase from a person or 
613.31  organization holding a temporary license under section 340A.403, 
613.32  subdivision 2, or 340A.404, subdivision 10. 
613.33     Subd. 3.  [POSSESSING ALCOHOL ON STATE HOSPITAL GROUNDS.] 
613.34  It is unlawful for any person except by prescription of a 
613.35  licensed physician or permission of the hospital administrator 
613.36  to introduce or possess an alcoholic beverage in or upon any 
614.1   state hospital or grounds thereof under the responsibility of 
614.2   the commissioner of human services. 
614.3      Sec. 86.  [609L.855] [INFRACTION POSSESSING ALCOHOL ON 
614.4   SCHOOL OR STATE HOSPITAL GROUNDS.] 
614.5      Whoever violates section 609L.85 is guilty of an infraction.
614.6      Sec. 87.  [609L.87] [PERSON UNDER 21 CONSUMING OR 
614.7   POSSESSING ALCOHOLIC BEVERAGE.] 
614.8      Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any 
614.9   person under the age of 21 years to consume any alcoholic 
614.10  beverages. 
614.11     (b) If proven by a preponderance of the evidence, it is an 
614.12  affirmative defense to a violation of this subdivision that the 
614.13  defendant consumed the alcoholic beverage in the household of 
614.14  the defendant's parent or guardian and with the consent of the 
614.15  parent or guardian. 
614.16     (c) An offense under this subdivision may be prosecuted 
614.17  either in the jurisdiction where consumption occurs or the 
614.18  jurisdiction where evidence of consumption is observed. 
614.19     (d) As used in this subdivision, "consume" includes the 
614.20  ingestion of an alcoholic beverage and the physical condition of 
614.21  having ingested an alcoholic beverage. 
614.22     Subd. 2.  [POSSESSION.] (a) It is unlawful for a person 
614.23  under the age of 21 years to possess any alcoholic beverage with 
614.24  the intent to consume it at a place other than the household of 
614.25  the person's parent or guardian. 
614.26     (b) Possession at a place other than the household of the 
614.27  parent or guardian creates a rebuttable presumption of intent to 
614.28  consume it at a place other than the household of the parent or 
614.29  guardian.  This presumption may be rebutted by a preponderance 
614.30  of the evidence. 
614.31     Sec. 88.  [609L.873] [THIRD DEGREE MISDEMEANOR PERSON UNDER 
614.32  21 CONSUMING OR POSSESSING ALCOHOLIC BEVERAGE.] 
614.33     A person who violates section 609L.87 is guilty of a third 
614.34  degree misdemeanor if: 
614.35     (a) the violation occurs within 12 months after a previous 
614.36  conviction under section 609L.87; or 
615.1      (b) the person is under the age of 18 years. 
615.2      Sec. 89.  [609L.875] [INFRACTION PERSON UNDER 21 CONSUMING 
615.3   OR POSSESSING ALCOHOLIC BEVERAGE.] 
615.4      Except as provided in section 609L.873, whoever violates 
615.5   section 609L.87 is guilty of an infraction. 
615.6      Sec. 90.  [609L.89] [BESTIALITY.] 
615.7      Whoever carnally knows a dead body or an animal or bird is 
615.8   guilty of bestiality and may be sentenced as provided in section 
615.9   609L.893 or 609L.895. 
615.10     Sec. 91.  [609L.893] [FIRST DEGREE MISDEMEANOR BESTIALITY.] 
615.11     Whoever knowingly violates section 609L.89 in the presence 
615.12  of another is guilty of a first degree misdemeanor. 
615.13     Sec. 92.  [609L.895] [THIRD DEGREE MISDEMEANOR BESTIALITY.] 
615.14     Except as provided in section 609L.893, whoever violates 
615.15  section 609L.89 is guilty of a third degree misdemeanor. 
615.16     Sec. 93.  [609L.91] [SERVING PROCESS ON SUNDAY.] 
615.17     Every service of legal process upon Sunday, except in case 
615.18  of a breach or apprehended breach of the peace, or when sued out 
615.19  for the apprehension of a person charged with crime, or where 
615.20  such service is expressly authorized by statute, is hereby 
615.21  prohibited. 
615.22     Sec. 94.  [609L.915] [INFRACTION SERVING PROCESS ON 
615.23  SUNDAY.] 
615.24     Whoever violates section 609L.91 is guilty of an infraction.
615.25                             ARTICLE 16 
615.26                            FORFEITURES 
615.27                         GENERAL PROVISIONS  
615.28     Section 1.  [609M.01] [CONSTRUCTION.] 
615.29     This chapter must be liberally construed to carry out the 
615.30  following remedial purposes: 
615.31     (a) to enforce the law; 
615.32     (b) to deter crime; 
615.33     (c) to reduce the economic incentive to engage in criminal 
615.34  enterprise; 
615.35     (d) to increase the pecuniary loss resulting from the 
615.36  detection of criminal activity; and 
616.1      (e) to forfeit property unlawfully used or acquired and 
616.2   divert the property to law enforcement purposes. 
616.3      Sec. 2.  [609M.02] [SPECIAL DEFINITIONS FOR CHAPTER.] 
616.4      Subdivision 1.  [DEFINITIONS.] For the purpose of this 
616.5   chapter, unless the language or context clearly indicates that a 
616.6   different meaning is intended, the terms have the meanings 
616.7   ascribed to them. 
616.8      Subd. 2.  [APPROPRIATE AGENCY.] "Appropriate agency" means 
616.9   the bureau of criminal apprehension, the Minnesota state patrol, 
616.10  a county sheriff's department, the suburban Hennepin regional 
616.11  park district park rangers, the department of natural resources 
616.12  division of enforcement, the University of Minnesota police 
616.13  department, or a city or airport police department. 
616.14     Subd. 3.  [CONTRABAND.] "Contraband" means property that is 
616.15  illegal to possess under Minnesota law. 
616.16     Subd. 4.  [CONVEYANCE DEVICE.] (a) "Conveyance device" 
616.17  means a device used for transportation and includes, but is not 
616.18  limited to, a motor vehicle, trailer, snowmobile, airplane, and 
616.19  vessel and any equipment attached to it. 
616.20     (b) Conveyance device does not include property that is, in 
616.21  fact, itself stolen or taken in violation of the law. 
616.22     Subd. 5.  [DANGEROUS WEAPON USED.] "Dangerous weapon used" 
616.23  means a dangerous weapon that the actor used or had in 
616.24  possession in furtherance of a crime. 
616.25     Subd. 6.  [DESIGNATED OFFENSE.] "Designated offense" 
616.26  includes: 
616.27     (a) for dangerous weapons used:  any violation of the 
616.28  criminal code; and 
616.29     (b) for all other purposes: 
616.30     (1) a felony violation of, or a felony-level attempt or 
616.31  conspiracy to violate, sections 169B.111 to 169B.113 (criminal 
616.32  vehicular operation); 169C.111 to 169C.113 (felony gross 
616.33  negligence); 169C.71 (fleeing peace officer in motor vehicle); 
616.34  325E.17 (unlawful transfer or sale of recording); 325E.18 
616.35  (transferor not identified on recording); 609C.11 (murder); 
616.36  609C.211 to 609C.215 (first to fifth degree felony assault); 
617.1   609C.511, paragraphs (a) to (f); 609C.513, paragraphs (a) to 
617.2   (f); 609C.515, paragraphs (a) to (e) and (h) to (j); or 
617.3   609C.517, paragraphs (a) to (f) and (h) to (j) (first to fourth 
617.4   degree criminal sexual conduct involving violence, threat, 
617.5   underage or vulnerable complainant, or psychotherapist); 609C.81 
617.6   (robbery); 609D.11 (kidnapping); 609D.13 (false imprisonment); 
617.7   609E.35 (drive-by shooting); 609G.11 (theft); 609G.21 
617.8   (possessing stolen property); 609G.25 (bringing stolen goods 
617.9   into the state); 609G.31 (issuing dishonored check); 609G.35 
617.10  (forged check); 609G.41 (financial transaction card fraud); 
617.11  609G.51 (possessing shoplifting or theft device); 609H.11 
617.12  (arson); 609H.23, subdivisions 1 to 4, and 8 (certain 
617.13  environment crimes); 609H.25 (knowing endangerment environment 
617.14  crime); 609H.31 (burglary); 609H.37 (possessing burglary tools); 
617.15  609H.41 (damage to property); 609H.77 (commercial bribery); 
617.16  609I.11 (computer damage); 609I.13 (computer theft); 609I.21 
617.17  (telecommunication fraud); 609J.45 (adulteration); 609J.87 
617.18  (bribing contest official or participant); 609K.21 (bribery); 
617.19  609K.23 (corrupt influence of legislator); 609K.41 (medical 
617.20  assistance fraud); 609K.53 (escape from custody); 609L.15 
617.21  (soliciting or promoting prostitution); or 609L.41 (using minor 
617.22  in sexual performance); 
617.23     (2) a gross misdemeanor or felony violation of section 
617.24  609E.25 (rifle or shotgun in public place) or 609I.15 
617.25  (unauthorized computer access); or 
617.26     (3) any violation of section 609L.11 (prostitution). 
617.27     Sec. 3.  [609M.03] [SEIZURE.] 
617.28     Subdivision 1.  [SEIZURE UPON PROCESS.] Property subject to 
617.29  forfeiture under sections 609M.03 to 609M.43 may be seized by 
617.30  the appropriate agency upon process issued by any court having 
617.31  jurisdiction over the property. 
617.32     Subd. 2.  [SEIZURE WITHOUT PROCESS.] (a) Property may be 
617.33  seized without process if: 
617.34     (1) the seizure is incident to a lawful arrest or a lawful 
617.35  search; 
617.36     (2) the property subject to seizure has been the subject of 
618.1   a prior judgment in favor of the state in a criminal injunction 
618.2   or forfeiture proceeding under this chapter; or 
618.3      (3) the appropriate agency has probable cause to believe 
618.4   that the delay occasioned by the necessity to obtain process 
618.5   would result in the removal or destruction of the property and 
618.6   that: 
618.7      (i) the property was used or is intended to be used in 
618.8   commission of a felony; or 
618.9      (ii) the property is dangerous to health or safety. 
618.10     (b) If property is seized without process under paragraph 
618.11  (a), clause (3), subclause (i), the county attorney must 
618.12  institute a forfeiture action under section 609M.31 as soon as 
618.13  is reasonably possible. 
618.14     Sec. 4.  [609M.05] [RIGHT TO POSSESSION VESTS IMMEDIATELY; 
618.15  CUSTODY OF SEIZED PROPERTY.] 
618.16     All right, title, and interest in property subject to 
618.17  forfeiture under sections 609M.03 to 609M.43 vests in the 
618.18  appropriate agency upon commission of the act or omission giving 
618.19  rise to the forfeiture.  Any property seized under sections 
618.20  609M.03 to 609M.43 is not subject to replevin, but is deemed to 
618.21  be in the custody of the appropriate agency subject to the 
618.22  orders and decrees of the court having jurisdiction over the 
618.23  forfeiture proceedings.  When property is so seized, the 
618.24  appropriate agency may: 
618.25     (a) place the property under seal; 
618.26     (b) remove the property to a place designated by it; 
618.27     (c) in the case of controlled substances, require the state 
618.28  board of pharmacy to take custody of the property and remove it 
618.29  to an appropriate location for disposition in accordance with 
618.30  law; and 
618.31     (d) take other steps reasonable and necessary to secure the 
618.32  property and prevent waste. 
618.33     Sec. 5.  [609M.07] [OWNER'S BOND FOR POSSESSION.] 
618.34     Subdivision 1.  [BOND.] If the owner of property that has 
618.35  been seized under sections 609M.03 to 609M.43 seeks possession 
618.36  of the property before the forfeiture action is determined, the 
619.1   owner may, subject to the approval of the appropriate agency, 
619.2   give security or post bond payable to the appropriate agency in 
619.3   an amount equal to the retail value of the seized property.  On 
619.4   posting the security or bond, the seized property must be 
619.5   returned to the owner and the forfeiture action shall proceed 
619.6   against the security as if it were the seized property.  This 
619.7   subdivision does not apply to contraband property. 
619.8      Subd. 2.  [MOTOR VEHICLE.] If the owner of a motor vehicle 
619.9   that has been seized under section 609M.03 seeks possession of 
619.10  the vehicle before the forfeiture action is determined, the 
619.11  owner may surrender the vehicle's certificate of title in 
619.12  exchange for the vehicle.  The motor vehicle must be returned to 
619.13  the owner within 24 hours if the owner surrenders the motor 
619.14  vehicle's certificate of title to the appropriate agency, 
619.15  pending resolution of the forfeiture action.  If the certificate 
619.16  is surrendered, the owner may not be ordered to post security or 
619.17  bond as a condition of release of the vehicle.  When a 
619.18  certificate of title is surrendered under this provision, the 
619.19  agency shall notify the department of public safety and any 
619.20  secured party noted on the certificate.  The agency shall also 
619.21  notify the department and the secured party when it returns a 
619.22  surrendered title to the motor vehicle owner.  
619.23     Sec. 6.  [609M.09] [NATURE OF PROCEEDINGS; PROOF.] 
619.24     Subdivision 1.  [ACTION.] An action for forfeiture is a 
619.25  civil in rem action and is independent of any criminal 
619.26  prosecution, except as provided in this section and section 
619.27  609M.43.  
619.28     Subd. 2.  [PROOF.] The appropriate agency handling the 
619.29  forfeiture has the benefit of the evidentiary presumption of 
619.30  section 609M.33, subdivision 1, but otherwise bears the burden 
619.31  of proving the act or omission giving rise to the forfeiture by 
619.32  clear and convincing evidence, except that in cases arising 
619.33  under section 609M.21, the designated offense may only be 
619.34  established by a criminal conviction.  
619.35     Subd. 3.  [NO ORDER WHILE ALLEGED OWNER IN CUSTODY.] A 
619.36  court may not issue an order of forfeiture under section 609M.11 
620.1   while the alleged owner of the property is in custody and 
620.2   related criminal proceedings are pending against the alleged 
620.3   owner.  For forfeiture of a motor vehicle, the alleged owner is 
620.4   the registered owner according to records of the department of 
620.5   public safety.  For real property, the alleged owner is the 
620.6   owner of record.  For other property, the alleged owner is the 
620.7   person notified by the prosecuting authority in filing the 
620.8   forfeiture action. 
620.9               CONTROLLED SUBSTANCE PROPERTY FORFEITURE  
620.10     Sec. 7.  [609M.11] [FORFEITURE OF PROPERTY ASSOCIATED WITH 
620.11  CONTROLLED SUBSTANCE.] 
620.12     Subdivision 1.  [CONTROLLED SUBSTANCES.] All controlled 
620.13  substances that were manufactured, distributed, dispensed, or 
620.14  acquired in violation of chapter 609F are subject to forfeiture 
620.15  under this section, except as provided in subdivision 3 and 
620.16  section 609M.37 (summary forfeiture). 
620.17     Subd. 2.  [ASSOCIATED PROPERTY.] All property, real and 
620.18  personal, that has been used, or is intended for use, or has in 
620.19  any way facilitated, in whole or in part, the manufacturing, 
620.20  compounding, processing, delivering, importing, cultivating, 
620.21  exporting, transporting, or exchanging of contraband or a 
620.22  controlled substance that has not been lawfully manufactured, 
620.23  distributed, dispensed, and acquired is subject to forfeiture 
620.24  under this section, except as provided in subdivision 3. 
620.25     Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
620.26  ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
620.27  is subject to forfeiture under this section only if the retail 
620.28  value of the controlled substance is $25 or more and the 
620.29  conveyance device is associated with a felony-level controlled 
620.30  substance crime. 
620.31     (b) Real property is subject to forfeiture under this 
620.32  section only if the retail value of the controlled substance or 
620.33  contraband is $1,000 or more. 
620.34     (c) Property used by any person as a common carrier in the 
620.35  transaction of business as a common carrier is subject to 
620.36  forfeiture under this section only if the owner of the property 
621.1   is a consenting party to, or is privy to, the use or intended 
621.2   use of the property as described in subdivision 2. 
621.3      (d) Property is subject to forfeiture under this section 
621.4   only if its owner was privy to the use or intended use described 
621.5   in subdivision 2, or the unlawful use or intended use of the 
621.6   property otherwise occurred with the owner's knowledge or 
621.7   consent. 
621.8      (e) Forfeiture under this section of a conveyance device or 
621.9   real property encumbered by a bona fide security interest is 
621.10  subject to the interest of the secured party unless the secured 
621.11  party had knowledge of or consented to the act or omission upon 
621.12  which the forfeiture is based.  A person claiming a security 
621.13  interest bears the burden of establishing that interest by clear 
621.14  and convincing evidence. 
621.15     (f) Forfeiture under this section of real property is 
621.16  subject to the interests of a good faith purchaser for value 
621.17  unless the purchaser had knowledge of or consented to the act or 
621.18  omission upon which the forfeiture is based. 
621.19     (g) Notwithstanding paragraphs (d), (e), and (f), property 
621.20  is not subject to forfeiture based solely on the owner's or 
621.21  secured party's knowledge of the unlawful use or intended use of 
621.22  the property if: 
621.23     (1) the owner or secured party took reasonable steps to 
621.24  terminate use of the property by the offender; or 
621.25     (2) the property is real property owned by the parent of 
621.26  the offender, unless: 
621.27     (i) the parent actively participated in, or knowingly 
621.28  acquiesced to, a violation of chapter 609F (controlled 
621.29  substances); or 
621.30     (ii) the real property constitutes proceeds derived from or 
621.31  traceable to a use described in subdivision 2. 
621.32     Subd. 4.  [RECORDS; PROCEEDS.] (a) All books, records, and 
621.33  research products and materials, including formulas, microfilm, 
621.34  tapes, and data that are used, or intended for use in the manner 
621.35  described in subdivision 2 are subject to forfeiture. 
621.36     (b) All property, real and personal, that represents 
622.1   proceeds derived from or traceable to a use described in 
622.2   subdivision 2 is subject to forfeiture.  
622.3                DESIGNATED OFFENSE PROPERTY FORFEITURE  
622.4      Sec. 8.  [609M.21] [FORFEITURE OF PROPERTY ASSOCIATED WITH 
622.5   DESIGNATED OFFENSE.] 
622.6      Subdivision 1.  [PROPERTY SUBJECT TO FORFEITURE.] All 
622.7   personal property is subject to forfeiture if it was used or 
622.8   intended for use to commit or facilitate the commission of a 
622.9   designated offense.  All money and other property, real and 
622.10  personal, that represent proceeds of a designated offense, and 
622.11  all contraband property, are subject to forfeiture, except as 
622.12  provided in this section.  
622.13     Subd. 2.  [LIMITATIONS ON FORFEITURE OF PROPERTY ASSOCIATED 
622.14  WITH DESIGNATED OFFENSES.] (a) Property used by a person as a 
622.15  common carrier in the transaction of business as a common 
622.16  carrier is subject to forfeiture under this section only if the 
622.17  owner of the property is a consenting party to, or is privy to, 
622.18  the commission of a designated offense. 
622.19     (b) Property is subject to forfeiture under this section 
622.20  only if the owner was privy to the act or omission upon which 
622.21  the forfeiture is based, or the act or omission occurred with 
622.22  the owner's knowledge or consent. 
622.23     (c) Property encumbered by a bona fide security interest is 
622.24  subject to the interest of the secured party unless the party 
622.25  had knowledge of or consented to the act or omission upon which 
622.26  the forfeiture is based.  A person claiming a security interest 
622.27  bears the burden of establishing that interest by clear and 
622.28  convincing evidence. 
622.29     (d) Notwithstanding paragraphs (b) and (c), property is not 
622.30  subject to forfeiture based solely on the owner's or secured 
622.31  party's knowledge of the act or omission upon which the 
622.32  forfeiture is based if the owner or secured party took 
622.33  reasonable steps to terminate the offender's use of the property.
622.34     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
622.35  (a) A motor vehicle is subject to forfeiture under this 
622.36  subdivision if it was used to commit or facilitate, or used 
623.1   during the commission of, a violation of section 609L.11, 
623.2   609L.13, 609L.21, or 609L.23 (offenses related to prostitution) 
623.3   or a violation of a local ordinance substantially similar to 
623.4   those sections.  A motor vehicle is subject to forfeiture under 
623.5   this subdivision only if the offense is established by proof of 
623.6   a criminal conviction for the offense.  Except as otherwise 
623.7   provided in this subdivision, a forfeiture under this 
623.8   subdivision is governed by sections 609M.01 to 609M.09, 609M.21, 
623.9   and 609M.31. 
623.10     (b) When a motor vehicle subject to forfeiture under this 
623.11  subdivision is seized in advance of a judicial forfeiture order, 
623.12  a hearing before a judge or referee must be held within 96 hours 
623.13  after the seizure.  Notice of the hearing must be given to the 
623.14  registered owner within 48 hours after the seizure.  The 
623.15  prosecuting authority shall certify to the court, at or in 
623.16  advance of the hearing, that it has filed or intends to file 
623.17  charges against the alleged violator for violating section 
623.18  609L.11, 609L.13, 609L.21, or 609L.23 or a local ordinance 
623.19  substantially similar to those sections.  After conducting the 
623.20  hearing, the court shall order that the motor vehicle be 
623.21  returned to the owner if: 
623.22     (1) the prosecutor has failed to make the certification 
623.23  required by paragraph (b); 
623.24     (2) the owner of the motor vehicle has demonstrated to the 
623.25  court's satisfaction that the owner has a defense to the 
623.26  forfeiture, including but not limited to the defenses contained 
623.27  in subdivision 2; or 
623.28     (3) the court determines that seizure of the vehicle 
623.29  creates or would create an undue hardship for members of the 
623.30  owner's family. 
623.31     (c) If the defendant is acquitted or prostitution charges 
623.32  against the defendant are dismissed, neither the owner nor the 
623.33  defendant is responsible for paying any costs associated with 
623.34  the seizure or storage of the vehicle. 
623.35     (d) A vehicle leased or rented under section 168.27, 
623.36  subdivision 4 (motor vehicle lessor), for a period of 180 days 
624.1   or less is not subject to forfeiture under this subdivision. 
624.2      Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
624.3   (a) A motor vehicle is subject to forfeiture under this 
624.4   subdivision if it was used to commit a violation of section 
624.5   169C.71 (fleeing peace officer) that endangered life or 
624.6   property.  A motor vehicle is subject to forfeiture under this 
624.7   subdivision only if the offense is established by proof of a 
624.8   criminal conviction for the offense. Except as otherwise 
624.9   provided in this subdivision, a forfeiture under this 
624.10  subdivision is governed by sections 609M.01 to 609M.09, 609M.21, 
624.11  609M.31, and 609M.33, subdivision 6. 
624.12     (b) When a motor vehicle subject to forfeiture under this 
624.13  subdivision is seized in advance of a judicial forfeiture order, 
624.14  a hearing before a judge or referee must be held within 96 hours 
624.15  after the seizure.  Notice of the hearing must be given to the 
624.16  registered owner within 48 hours after the seizure.  The 
624.17  prosecuting authority shall certify to the court, at or in 
624.18  advance of the hearing, that it has filed or intends to file 
624.19  charges against the alleged violator for violating section 
624.20  169C.71.  After conducting the hearing, the court shall order 
624.21  that the motor vehicle be returned to the owner if: 
624.22     (1) the prosecutor has failed to make the certification 
624.23  required by this paragraph; 
624.24     (2) the owner of the motor vehicle has demonstrated to the 
624.25  court's satisfaction that the owner has a defense to the 
624.26  forfeiture, including but not limited to the defenses contained 
624.27  in subdivision 2; or 
624.28     (3) the court determines that seizure of the vehicle 
624.29  creates or would create an undue hardship for members of the 
624.30  owner's family. 
624.31     (c) If the defendant is acquitted or the charges against 
624.32  the defendant are dismissed, neither the owner nor the defendant 
624.33  is responsible for paying any costs associated with the seizure 
624.34  or storage of the vehicle. 
624.35     (d) A vehicle leased or rented under section 168.27, 
624.36  subdivision 4 (motor vehicle lessor), for a period of 180 days 
625.1   or less is not subject to forfeiture under this subdivision. 
625.2                FORFEITURE PROCEDURES AND DISPOSITION  
625.3      Sec. 9.  [609M.31] [FORFEITURE BY JUDICIAL ACTION; 
625.4   PROCEDURE.] 
625.5      The forfeiture of property under sections 609M.11 and 
625.6   609M.21 is governed by this section.  A separate complaint must 
625.7   be filed against the property stating the act, omission, or 
625.8   occurrence giving rise to the forfeiture and the date and place 
625.9   of the act or occurrence.  The county attorney shall notify the 
625.10  owner or possessor of the property of the action, if known or 
625.11  readily ascertainable.  The action must be captioned in the name 
625.12  of the county attorney or the county attorney's designee as 
625.13  plaintiff and the property as defendant.  
625.14     Sec. 10.  [609M.33] [ADMINISTRATIVE FORFEITURE OF CERTAIN 
625.15  PROPERTY SEIZED IN CONNECTION WITH CONTROLLED SUBSTANCE 
625.16  SEIZURE.] 
625.17     Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
625.18  FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
625.19  subject to administrative forfeiture under this section: 
625.20     (1) all money, precious metals, and precious stones found 
625.21  in proximity to: 
625.22     (i) controlled substances; 
625.23     (ii) forfeitable drug manufacturing or distributing 
625.24  equipment or devices; or 
625.25     (iii) forfeitable records of manufacture or distribution of 
625.26  controlled substances; 
625.27     (2) all conveyance devices containing controlled substances 
625.28  with a retail value of $100 or more if possession or sale of the 
625.29  controlled substance would be a felony under chapter 609F; and 
625.30     (3) all firearms, ammunition, and firearm accessories found:
625.31     (i) in a conveyance device used or intended for use to 
625.32  commit or facilitate the commission of a felony offense 
625.33  involving a controlled substance; 
625.34     (ii) on or in proximity to a person from whom a felony 
625.35  amount of controlled substance is seized; or 
625.36     (iii) on the premises where a controlled substance is 
626.1   seized and in proximity to the controlled substance, if 
626.2   possession or sale of the controlled substance would be a felony 
626.3   under chapter 609F. 
626.4      (b) A claimant of the property bears the burden to rebut 
626.5   this presumption.  
626.6      Subd. 2.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) 
626.7   Forfeiture of property described in subdivision 1 is governed by 
626.8   this subdivision.  When seizure occurs, or within a reasonable 
626.9   time after that, all persons known to have an ownership or 
626.10  possessory interest in seized property must be notified of the 
626.11  seizure and the intent to forfeit the property.  In the case of 
626.12  a motor vehicle required to be registered under chapter 168, 
626.13  notice mailed by certified mail to the address shown in 
626.14  department of public safety records is sufficient notice to the 
626.15  registered owner. 
626.16     (b) Notice may otherwise be given in the manner provided by 
626.17  law for service of a summons in a civil action.  The notice must 
626.18  be in writing and contain: 
626.19     (1) a description of the property seized; 
626.20     (2) the date of seizure; and 
626.21     (3) notice of the right to obtain judicial review of the 
626.22  forfeiture and of the procedure for obtaining that judicial 
626.23  review, printed in English, Hmong, and Spanish.  Substantially 
626.24  the following language must appear conspicuously:  "IF YOU DO 
626.25  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
626.26  STATUTES, SECTION 609M.33, SUBDIVISION 3, YOU LOSE THE RIGHT TO 
626.27  A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
626.28  RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU WILL 
626.29  NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF IT IS 
626.30  DETERMINED THAT YOU CANNOT AFFORD THE FEE.  YOU NEED NOT PAY THE 
626.31  FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE 
626.32  YOUR CLAIM IN CONCILIATION COURT."  
626.33     Subd. 3.  [JUDICIAL DETERMINATION.] (a) Within 60 days 
626.34  after service of a notice of seizure and forfeiture under this 
626.35  section, a claimant may file a demand for a judicial 
626.36  determination of the forfeiture.  The demand must be in the form 
627.1   of a civil complaint and must be filed with the court 
627.2   administrator in the county in which the seizure occurred, 
627.3   together with proof of service of a copy of the complaint on the 
627.4   county attorney for that county, and the standard filing fee for 
627.5   civil actions unless the petitioner has the right to sue in 
627.6   forma pauperis under section 563.01.  If the value of the seized 
627.7   property is less than $500, the claimant may file an action in 
627.8   conciliation court for recovery of the seized property without 
627.9   paying the conciliation court filing fee.  No responsive 
627.10  pleading is required of the county attorney and no court fees 
627.11  may be charged for the county attorney's appearance in the 
627.12  matter.  The proceedings are governed by the rules of civil 
627.13  procedure. 
627.14     (b) The complaint must be captioned in the name of the 
627.15  claimant as plaintiff and the seized property as defendant, and 
627.16  must state with specificity the grounds on which the claimant 
627.17  alleges the property was improperly seized and the plaintiff's 
627.18  interest in the property seized.  Notwithstanding any law to the 
627.19  contrary, an action for the return of property seized under this 
627.20  section may not be maintained by or on behalf of any person who 
627.21  has been served with a notice of seizure and forfeiture unless 
627.22  the person has complied with this subdivision. 
627.23     (c) If the claimant makes a timely demand for judicial 
627.24  determination under this subdivision, the appropriate agency 
627.25  must conduct the forfeiture under section 609M.09. 
627.26     (d) If a demand for judicial determination of an 
627.27  administrative forfeiture is filed under this subdivision and 
627.28  the court orders the return of the seized property, the court 
627.29  shall order that filing fees be reimbursed to the person who 
627.30  filed the demand.  In addition, the court may order the payment 
627.31  of reasonable costs, expenses, and attorney fees under section 
627.32  549.21, subdivision 2 (award of costs in civil actions).  If the 
627.33  court orders payment of these costs, they must be paid from 
627.34  forfeited money or proceeds from the sale of forfeited property 
627.35  from the appropriate law enforcement and prosecuting agencies in 
627.36  the same proportion as they would be distributed under section 
628.1   609M.35.  
628.2      Sec. 11.  [609M.35] [DISPOSITION OF FORFEITED PROPERTY.] 
628.3      Subdivision 1.  [DISPOSITION.] If the court finds under 
628.4   section 609M.31, 609M.33, or 609M.43 that the property is 
628.5   subject to forfeiture, it shall order the appropriate agency to: 
628.6      (a) destroy all dangerous weapons used, firearms, 
628.7   ammunition, and firearm accessories that the agency decides not 
628.8   to use for law enforcement purposes under paragraph (f), unless 
628.9   the agency determines that there is good reason not to destroy a 
628.10  particular item; 
628.11     (b) sell property that is not required to be destroyed by 
628.12  law and is not harmful to the public and distribute the proceeds 
628.13  under subdivision 5; 
628.14     (c) take custody of the property and remove it for 
628.15  disposition in accordance with law; 
628.16     (d) forward the property to the federal drug enforcement 
628.17  administration; 
628.18     (e) disburse money as provided under subdivision 5; or 
628.19     (f) keep property other than money for official use by the 
628.20  agency and the prosecuting agency.  
628.21     Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
628.22  PROPERTY.] If property is forfeited administratively under 
628.23  section 609M.33 or 609M.43 and no demand for judicial 
628.24  determination is made, the appropriate agency may dispose of the 
628.25  property in any of the ways listed in subdivision 1, except that 
628.26  the agency must destroy all forfeited dangerous weapons used, 
628.27  firearms, ammunition, and firearm accessories that the agency 
628.28  decides not to use for law enforcement purposes under 
628.29  subdivision 1, paragraph (f).  
628.30     Subd. 3.  [USE BY LAW ENFORCEMENT.] (a) Property kept under 
628.31  this section may be used only in the performance of official 
628.32  duties of the appropriate agency or prosecuting agency and may 
628.33  not be used for any other purpose.  If an appropriate agency 
628.34  keeps a forfeited motor vehicle for official use, it shall make 
628.35  reasonable efforts to ensure that the motor vehicle is available 
628.36  for use and adaptation by the agency's officers who participate 
629.1   in the drug abuse resistance education program. 
629.2      (b) Proceeds from the sale of property kept under this 
629.3   subdivision must be disbursed as provided in subdivision 5. 
629.4      Subd. 4.  [DISTRIBUTION OF PROCEEDS OF THE OFFENSE.] 
629.5   Property that consists of proceeds derived from or traced to the 
629.6   commission of a designated offense or a violation of section 
629.7   609E.35 (drive-by shooting), must be applied first to payment of 
629.8   seizure, storage, forfeiture, and sale expenses, and to satisfy 
629.9   valid liens against the property; and second, to any 
629.10  court-ordered restitution before being disbursed as provided 
629.11  under subdivision 5.  
629.12     Subd. 5.  [DISTRIBUTION OF MONEY.] (a) The money or 
629.13  proceeds from the sale of forfeited property, after payment of 
629.14  seizure, storage, forfeiture, and sale expenses, and 
629.15  satisfaction of valid liens against the property, must be 
629.16  distributed as follows: 
629.17     (1) 70 percent of the money or proceeds must be forwarded 
629.18  to the appropriate agency for deposit as a supplement to the 
629.19  agency's operating fund or similar fund for use in law 
629.20  enforcement; 
629.21     (2) 20 percent of the money or proceeds must be forwarded 
629.22  to the county attorney or other prosecuting agency that handled 
629.23  the forfeiture for deposit as a supplement to its operating fund 
629.24  or similar fund for prosecutorial purposes; and 
629.25     (3) the remaining ten percent of the money or proceeds must 
629.26  be forwarded within 60 days after resolution of the forfeiture 
629.27  to the state treasury and credited to the general fund. 
629.28     (b) Any local police relief association organized under 
629.29  chapter 423 that received or was entitled to receive the 
629.30  proceeds of any sale made under this section before August 1, 
629.31  1988, the effective date of Laws 1988, chapter 665, sections 1 
629.32  to 17, shall continue to receive and retain the proceeds of 
629.33  these sales.  
629.34     Subd. 6.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
629.35  PROSTITUTION.] The proceeds from the sale of motor vehicles 
629.36  forfeited under section 609M.21, subdivision 3, after payment of 
630.1   seizure, storage, forfeiture, and sale expenses, and 
630.2   satisfaction of valid liens against the vehicle, shall be 
630.3   distributed as follows: 
630.4      (a) 40 percent of the proceeds must be forwarded to the 
630.5   appropriate agency for deposit as a supplement to the agency's 
630.6   operating fund or similar fund for use in law enforcement; 
630.7      (b) 20 percent of the proceeds must be forwarded to the 
630.8   city attorney or other prosecuting agency that handled the 
630.9   forfeiture for deposit as a supplement to its operating fund or 
630.10  similar fund for prosecutorial purposes; and 
630.11     (c) the remaining 40 percent of the proceeds must be 
630.12  forwarded to the city treasury for distribution to neighborhood 
630.13  crime prevention programs.  
630.14     Subd. 7.  [REPORTING REQUIREMENT.] The appropriate agency 
630.15  shall provide a written record of each forfeiture incident to 
630.16  the state auditor.  The record shall include the amount 
630.17  forfeited, date, and a brief description of the circumstances 
630.18  involved.  The record shall also list the number of firearms 
630.19  forfeited and the make, model, and serial number of each firearm 
630.20  forfeited.  Reports shall be made on a monthly basis in a manner 
630.21  prescribed by the state auditor.  The state auditor shall report 
630.22  annually to the legislature on the nature and extent of 
630.23  forfeitures.  
630.24     Subd. 8.  [FIREARMS.] The agency shall make best efforts 
630.25  for a period of 90 days after the seizure of an abandoned or 
630.26  stolen firearm to protect the firearm from harm and return it to 
630.27  the lawful owner. 
630.28     Sec. 12.  [609M.37] [SUMMARY FORFEITURE.] 
630.29     Subdivision 1.  [CONTRABAND.] Except as otherwise provided 
630.30  in this subdivision, if the property forfeited under sections 
630.31  609M.01 to 609M.43 is contraband, the property must be summarily 
630.32  forfeited and either destroyed or used by the appropriate agency 
630.33  for law enforcement purposes.  Upon summary forfeiture, 
630.34  dangerous weapons used must be destroyed by the appropriate 
630.35  agency unless the agency decides to use the weapons for law 
630.36  enforcement purposes.  
631.1      Subd. 2.  [CONTROLLED SUBSTANCES.] (a) Controlled 
631.2   substances listed in schedule I that are possessed, transferred, 
631.3   sold, or offered for sale in violation of chapter 609F, are 
631.4   contraband and must be seized and summarily forfeited.  
631.5   Controlled substances listed in schedule I that are seized or 
631.6   come into the possession of peace officers, the owners of which 
631.7   are unknown, are contraband and must be summarily forfeited. 
631.8      (b) Species of plants from which controlled substances in 
631.9   schedules I and II may be derived that have been planted or 
631.10  cultivated in violation of chapter 609F or of which the owners 
631.11  or cultivators are unknown, or that are wild growths, may be 
631.12  seized and summarily forfeited to the state.  The appropriate 
631.13  agency or its authorized agent may seize the plants if the 
631.14  person in occupancy or in control of land or premises where the 
631.15  plants are growing or being stored fails to produce an 
631.16  appropriate registration or proof that the person is the holder 
631.17  of appropriate registration.  
631.18     Subd. 3.  [DANGEROUS WEAPONS, TELEPHONE CLONING 
631.19  PARAPHERNALIA, AND BULLET-RESISTANT VESTS.] (a) Dangerous 
631.20  weapons used are contraband and must be summarily forfeited to 
631.21  the appropriate agency upon conviction of the dangerous weapon's 
631.22  owner or possessor for any violation of the criminal code.  
631.23  Bullet-resistant vests, as defined in section 609K.55, worn or 
631.24  possessed during the commission or attempted commission of a 
631.25  crime, are contraband and must be summarily forfeited to the 
631.26  appropriate agency upon conviction of the owner or possessor for 
631.27  any violation of the criminal code.  Telephone cloning 
631.28  paraphernalia used in a violation of section 609I.25 (cellular 
631.29  telephone counterfeiting) are contraband and must be summarily 
631.30  forfeited to the appropriate agency upon a conviction.  
631.31  Notwithstanding this subdivision, dangerous weapons used, 
631.32  bullet-resistant vests worn or possessed, and telephone cloning 
631.33  paraphernalia may be forfeited without a conviction under 
631.34  sections 609M.01 to 609M.43.  
631.35              REAL PROPERTY AND VEHICULAR FORFEITURES  
631.36     Sec. 13.  [609M.41] [REAL PROPERTY; SEIZURE.] 
632.1      Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
632.2   controlled substance manufactured, distributed, or acquired in 
632.3   violation of chapter 609F is seized on residential rental 
632.4   property incident to a lawful search or arrest, the county 
632.5   attorney shall give the notice required by this subdivision to: 
632.6      (1) the landlord of the property or the fee owner 
632.7   identified in the records of the county assessor; and 
632.8      (2) the agent authorized by the owner to accept service 
632.9   pursuant to section 504.22 (disclosure to tenant). 
632.10     (b) However, the notice is not required during an ongoing 
632.11  investigation. 
632.12     (c) The notice shall state what has been seized and specify 
632.13  the applicable duties and penalties under this subdivision.  The 
632.14  notice shall state that the landlord who chooses to assign the 
632.15  right to bring an unlawful detainer action retains all rights 
632.16  and duties, including removal of a tenant's personal property 
632.17  following issuance of the writ of restitution and delivery of 
632.18  the writ to the sheriff for execution.  The notice shall also 
632.19  state that the landlord may contact the county attorney if 
632.20  threatened by the tenant. 
632.21     (d) Notice shall be sent by certified letter, return 
632.22  receipt requested, within 30 days after the seizure.  If receipt 
632.23  is not returned, notice shall be given in the manner provided by 
632.24  law for service of summons in a civil action. 
632.25     (e) Within 15 days after notice of the first occurrence, 
632.26  the landlord shall bring, or assign to the county attorney of 
632.27  the county in which the real property is located, the right to 
632.28  bring an unlawful detainer action against the tenant.  The 
632.29  assignment must be in writing on a form prepared by the county 
632.30  attorney.  Should the landlord choose to assign the right to 
632.31  bring an unlawful detainer action, the assignment is limited to 
632.32  those rights and duties up to and including delivery of the writ 
632.33  of restitution to the sheriff for execution. 
632.34     (f) Upon notice of a second occurrence on any residential 
632.35  rental property owned by the same landlord in the same county 
632.36  and involving the same tenant, and within one year after notice 
633.1   of the first occurrence, the property is subject to forfeiture 
633.2   under sections 609M.01 to 609M.09, 609M.11, 609M.31, and 
633.3   609M.35, unless an unlawful detainer action has been commenced 
633.4   as provided in paragraph (e) or the right to bring an unlawful 
633.5   detainer action was assigned to the county attorney as provided 
633.6   in paragraph (e).  If the right has been assigned and not 
633.7   previously exercised, or if the county attorney requests an 
633.8   assignment and the landlord makes an assignment, the county 
633.9   attorney may bring an unlawful detainer action rather than an 
633.10  action for forfeiture. 
633.11     Subd. 2.  [ADDITIONAL REMEDIES.] Nothing in subdivision 1 
633.12  prevents the county attorney from proceeding under section 
633.13  609M.11 whenever that section applies. 
633.14     Subd. 3.  [DEFENSES.] (a) It is a defense against a 
633.15  proceeding under subdivision 1, paragraph (e), that the tenant 
633.16  had no knowledge or reason to know of the presence of the 
633.17  contraband or controlled substance or could not prevent its 
633.18  being brought onto the property. 
633.19     (b) It is a defense against a proceeding under subdivision 
633.20  1, paragraph (f), that the landlord: 
633.21     (1) made every reasonable attempt to evict a tenant or to 
633.22  assign the county attorney the right to bring an unlawful 
633.23  detainer action against the tenant; or 
633.24     (2) did not receive notice of the seizure. 
633.25     Subd. 4.  [LIMITATIONS.] (a) This section does not apply if 
633.26  the retail value of the controlled substance is less than $100. 
633.27     (b) This section does not subject real property to 
633.28  forfeiture under section 609M.18 unless: 
633.29     (1) the retail value of the controlled substance is $1,000 
633.30  or more; or 
633.31     (2) there have been two previous controlled substance 
633.32  seizures involving the same tenant.  
633.33     Sec. 14.  [609M.43] [FORFEITURE OF VEHICLE USED IN DRIVE-BY 
633.34  SHOOTING.] 
633.35     Subdivision 1.  [MOTOR VEHICLE SUBJECT TO FORFEITURE.] A 
633.36  motor vehicle is subject to forfeiture under this section if the 
634.1   prosecutor establishes by clear and convincing evidence that the 
634.2   vehicle was used in a violation of section 609E.35 (drive-by 
634.3   shooting).  The prosecutor need not establish that any 
634.4   individual was convicted of the violation, but a conviction of 
634.5   the owner for a violation of section 609E.35 creates a 
634.6   presumption that the vehicle was used in the violation.  
634.7      Subd. 2.  [NOTICE.] The registered owner of the vehicle 
634.8   must be notified of the seizure and intent to forfeit the 
634.9   vehicle within seven days after the seizure.  Notice by 
634.10  certified mail to the address shown in department of public 
634.11  safety records is sufficient notice to the registered owner.  
634.12  Notice must be given in the manner required by section 609M.33, 
634.13  subdivision 2, paragraph (b), and must specify that a request 
634.14  for a judicial determination of the forfeiture must be made 
634.15  within 60 days following the service of the notice.  If related 
634.16  criminal proceedings are pending, the notice must also state 
634.17  that a request for a judicial determination of the forfeiture 
634.18  must be made within 60 days after the conclusion of those 
634.19  proceedings. 
634.20     Subd. 3.  [HEARING.] (a) Within 60 days after service of a 
634.21  notice of seizure and forfeiture, a claimant may demand a 
634.22  judicial determination of the forfeiture.  If a related criminal 
634.23  proceeding is pending, the 60-day period begins to run at the 
634.24  conclusion of those proceedings.  The demand must be in the form 
634.25  of a civil complaint as provided in section 609M.24, subdivision 
634.26  3, except as otherwise provided in this section. 
634.27     (b) If the claimant makes a timely demand for judicial 
634.28  determination under this subdivision, the appropriate agency 
634.29  must conduct the forfeiture under subdivision 4.  
634.30     Subd. 4.  [PROCEDURE.] (a) If a judicial determination of 
634.31  the forfeiture is requested, a separate complaint must be filed 
634.32  against the vehicle, stating the specific act giving rise to the 
634.33  forfeiture and the date, time, and place of the act.  The action 
634.34  must be captioned in the name of the county attorney or the 
634.35  county attorney's designee as plaintiff and the property as 
634.36  defendant. 
635.1      (b) If a demand for judicial determination of an 
635.2   administrative forfeiture is filed and the court orders the 
635.3   return of the seized property, the court shall order that filing 
635.4   fees be reimbursed to the person who filed the demand.  In 
635.5   addition, the court may order the payment of reasonable costs, 
635.6   expenses, attorney fees, and towing and storage fees.  If the 
635.7   court orders payment of these costs, they must be paid from 
635.8   forfeited money or proceeds from the sale of forfeited property 
635.9   from the appropriate law enforcement and prosecuting agencies in 
635.10  the same proportion as they would be distributed under section 
635.11  609M.35, subdivision 5. 
635.12     Subd. 5.  [LIMITATIONS.] (a) A vehicle used by a person as 
635.13  a common carrier in the transaction of business as a common 
635.14  carrier is subject to forfeiture under this section only if the 
635.15  owner is a consenting party to, or is privy to, the commission 
635.16  of the act giving rise to the forfeiture. 
635.17     (b) A vehicle is subject to forfeiture under this section 
635.18  only if: 
635.19     (1) the registered owner was privy to the act upon which 
635.20  the forfeiture is based; 
635.21     (2) the act occurred with the owner's knowledge or consent; 
635.22  or 
635.23     (3) the act occurred because of the owner's gross 
635.24  negligence in allowing another to use the vehicle. 
635.25     (c) A vehicle encumbered by a bona fide security interest 
635.26  is subject to the interest of the secured party unless the party 
635.27  had knowledge of or consented to the act upon which the 
635.28  forfeiture is based.  A person claiming a security interest 
635.29  bears the burden of establishing that interest by clear and 
635.30  convincing evidence.  
635.31                       FINANCIAL INSTITUTIONS  
635.32     Sec. 15.  [609M.51] [FINANCIAL INSTITUTION SECURED 
635.33  INTEREST.] 
635.34     Property that is subject to a bona fide security interest, 
635.35  based upon a loan or other financing arranged by a bank, credit 
635.36  union, or any other financial institution, is subject to the 
636.1   interest of the bank, credit union, or other financial 
636.2   institution in any forfeiture proceeding that is based upon a 
636.3   violation of any provision of the criminal code.  The security 
636.4   interest must be established by clear and convincing evidence. 
636.5      Sec. 16.  [609M.53] [ATTACHING DEPOSITED FUNDS.] 
636.6      Subdivision 1.  [ATTACHMENT.] Upon application by the 
636.7   prosecuting authority, a court may issue an attachment order 
636.8   directing a financial institution to freeze some or all of the 
636.9   funds or assets deposited with or held by the financial 
636.10  institution by or on behalf of an account holder charged with 
636.11  the commission of a felony.  
636.12     Subd. 2.  [APPLICATION.] The application of the prosecuting 
636.13  authority required by this section must contain: 
636.14     (a) a copy of a criminal complaint issued by a court of 
636.15  competent jurisdiction that alleges the commission of a felony 
636.16  by the account holder; 
636.17     (b) a statement of the actual financial loss caused by the 
636.18  account holder in the commission of the alleged felony, if not 
636.19  already stated in the complaint; and 
636.20     (c) identification of the account holder's name and 
636.21  financial institution account number.  
636.22     Subd. 3.  [ISSUANCE OF COURT ORDER.] The court may order 
636.23  the financial institution to freeze all or part of the account 
636.24  holder's deposited funds or assets so that the funds or assets 
636.25  may not be withdrawn or disposed of until further order of the 
636.26  court if the court finds that: 
636.27     (a) there is probable cause that the account holder was 
636.28  involved in the commission of a felony; 
636.29     (b) the accounts of the account holder are specifically 
636.30  identified; 
636.31     (c) there was a loss of $10,000 or more as a result of the 
636.32  commission of the alleged felony; and 
636.33     (d) it is necessary to freeze the account holder's funds or 
636.34  assets to ensure eventual restitution to victims of the alleged 
636.35  offense.  
636.36     Subd. 4.  [DUTY OF FINANCIAL INSTITUTIONS.] Upon receiving 
637.1   the order authorized by this section, a financial institution 
637.2   must not permit any funds or assets that were frozen by the 
637.3   order to be withdrawn or disposed of until further order of the 
637.4   court.  
637.5      Subd. 5.  [RELEASE OF FUNDS.] (a) The account holder may, 
637.6   upon notice and motion, have a hearing to contest the freezing 
637.7   of funds or assets and to seek the release of all or part of 
637.8   them. 
637.9      (b) The account holder is entitled to an order releasing 
637.10  the freeze by showing that: 
637.11     (1) the account holder has posted a bond or other adequate 
637.12  surety, guaranteeing that, upon conviction, adequate funds or 
637.13  assets will be available to pay complete restitution to victims 
637.14  of the alleged offense; 
637.15     (2) there is no probable cause to believe that the account 
637.16  holder was involved in the alleged offense; 
637.17     (3) the amount of funds or assets frozen is more than is 
637.18  necessary to pay complete restitution to all victims of the 
637.19  alleged offense; 
637.20     (4) a joint account holder who is not involved in the 
637.21  alleged criminal activity has deposited all or part of the funds 
637.22  or assets; or 
637.23     (5) the funds or assets should be returned in the interests 
637.24  of justice. 
637.25     (c) It is not grounds for the release of funds or assets 
637.26  that the particular accounts frozen do not contain funds or 
637.27  assets that were proceeds from or used in the commission of the 
637.28  alleged offense.  
637.29     Subd 6.  [DISPOSITION OF FUNDS.] (a) If the account holder 
637.30  is convicted of a felony or a lesser offense, the funds or 
637.31  assets may be used to pay complete restitution to victims of the 
637.32  offense.  The court may order the financial institution to remit 
637.33  all or part of the frozen funds or assets to the court. 
637.34     (b) If the account holder is acquitted or the charges are 
637.35  dismissed, the court must issue an order releasing the freeze on 
637.36  the funds or assets. 
638.1      Subd. 7.  [TIME LIMIT.] The freeze permitted by this 
638.2   section expires 24 months after the date of the court's initial 
638.3   attachment order unless the time limit is extended by the court 
638.4   in writing upon a showing of good cause by the prosecution. 
638.5      Subd. 8.  [NOTICE.] Within ten days after a court issues an 
638.6   attachment order under this section, the prosecutor shall send a 
638.7   copy of the order to the account holder's last known address or 
638.8   to the account holder's attorney, if known. 
638.9                         GAMBLING FORFEITURES  
638.10     Sec. 17.  [609M.61] [FORFEITURE OF GAMBLING DEVICES, 
638.11  PRIZES, AND PROCEEDS.] 
638.12     Subdivision 1.  [FORFEITURE.] The following are subject to 
638.13  forfeiture: 
638.14     (a) devices used or intended for use, including those 
638.15  defined in section 349.30, subdivision 2, as a gambling device, 
638.16  except as authorized in sections 349.11 to 349.23 and 349.40 
638.17  (gambling devices); 
638.18     (b) all money, materials, and other property used or 
638.19  intended for use as payment to participate in gambling or a 
638.20  prize or receipt for gambling; 
638.21     (c) books, records, and research products and materials, 
638.22  including formulas, microfilm, tapes, and data used or intended 
638.23  for use in gambling; and 
638.24     (d) property used or intended to be used to illegally 
638.25  influence the outcome of a horse race. 
638.26     Subd. 2.  [SEIZURE.] Property subject to forfeiture under 
638.27  subdivision 1 may be seized by any law enforcement agency upon 
638.28  process issued by any court having jurisdiction over the 
638.29  property.  Seizure without process may be made if: 
638.30     (a) the seizure is incident to an arrest or a search under 
638.31  a search warrant; 
638.32     (b) the property subject to seizure has been the subject of 
638.33  a prior judgment in favor of the state in a criminal injunction 
638.34  or forfeiture proceeding; or 
638.35     (c) the law enforcement agency has probable cause to 
638.36  believe that the property was used or is intended to be used in 
639.1   a gambling violation and the delay occasioned by the necessity 
639.2   to obtain process would result in the removal, loss, or 
639.3   destruction of the property. 
639.4      Subd. 3.  [NOT SUBJECT TO REPLEVIN.] Property taken or 
639.5   detained under subdivision 2 is not subject to a replevin 
639.6   action, but is considered to be in the custody of the law 
639.7   enforcement agency subject only to the orders and decrees of the 
639.8   court having jurisdiction over the forfeiture proceedings. 
639.9      Subd. 4.  [PROCEDURES.] Property must be forfeited after a 
639.10  conviction for a gambling violation according to the following 
639.11  procedure: 
639.12     (a) a separate complaint must be filed against the property 
639.13  describing it, charging its use in the specified violation, and 
639.14  specifying the time and place of its unlawful use; 
639.15     (b) if the person charged with a gambling offense is 
639.16  acquitted, the court shall dismiss the complaint and order the 
639.17  property returned to the persons legally entitled to it; and 
639.18     (c) if after conviction the court finds the property, or 
639.19  any part of it, was used in violation as specified in the 
639.20  complaint, it shall order that the property be sold or retained 
639.21  by the law enforcement agency for official use.  Proceeds from 
639.22  the sale of forfeited property may be retained for official use 
639.23  and shared equally between the law enforcement agency 
639.24  investigating the offense involved in the forfeiture and the 
639.25  prosecuting agency that prosecuted the offense involved in the 
639.26  forfeiture and handled the forfeiture proceedings.  
639.27     Subd. 5.  [EXCEPTION.] Property may not be seized or 
639.28  forfeited under this section if the owner shows to the 
639.29  satisfaction of the court that the owner had no notice or 
639.30  knowledge or reason to believe that the property was used or 
639.31  intended to be used in violation of this section.  
639.32                          RICO FORFEITURES  
639.33     Sec. 18.  [609M.71] [CRIMINAL FORFEITURE.] 
639.34     Subdivision 1.  [FORFEITURE.] (a) When a person is 
639.35  convicted of violating section 609J.95 (racketeering), the court 
639.36  may order the person to forfeit to the prosecuting authority any 
640.1   real or personal property subject to forfeiture under this 
640.2   section.  Property subject to forfeiture is real and personal 
640.3   property that was used in the course of, intended for use in the 
640.4   course of, derived from, or realized through conduct in 
640.5   violation of section 609J.95.  A court may not order the 
640.6   forfeiture of property that has been used to pay reasonable 
640.7   attorney fees in connection with a criminal proceeding under 
640.8   section 609J.95. 
640.9      (b) Property subject to forfeiture under this section also 
640.10  includes property constituting an interest in or means of 
640.11  control or influence over the enterprise involved in the 
640.12  violation of section 609J.95 and any property constituting 
640.13  proceeds derived from the violation of section 609J.95, 
640.14  including: 
640.15     (1) a position, office, appointment, tenure, commission, or 
640.16  employment contract that was acquired or maintained in violation 
640.17  of section 609J.95 or through which the person conducted or 
640.18  participated in the conduct of the affairs of an enterprise in 
640.19  violation of section 609J.95 or that afforded the person a 
640.20  source of influence or control over the affairs of an enterprise 
640.21  that the person exercised in violation of section 609J.95; 
640.22     (2) any compensation, right, or benefit derived from a 
640.23  position, office, appointment, tenure, commission, or employment 
640.24  contract described in this section that accrued to the person 
640.25  during the period of conduct in violation of section 609J.95; 
640.26     (3) any interest in, security of, claim against, or 
640.27  property or contractual right affording the person a source of 
640.28  influence or control over the affairs of an enterprise that the 
640.29  person exercised in violation of section 609J.95; and 
640.30     (4) any amount payable or paid under any contract for goods 
640.31  or services that was awarded or performed in violation of 
640.32  section 609J.95.  
640.33     Subd. 2.  [OTHER PROPERTY OF DEFENDANT.] The district court 
640.34  may order criminal forfeiture of any other property of the 
640.35  defendant up to the value of the property that is unreachable if 
640.36  any property subject to criminal forfeiture under subdivision 1: 
641.1      (a) cannot be located; 
641.2      (b) has been sold to a bona fide purchaser for value; 
641.3      (c) has been placed beyond the jurisdiction of the court; 
641.4      (d) has been substantially diminished in value by the 
641.5   conduct of the defendant; 
641.6      (e) has been commingled with other property that cannot be 
641.7   divided without difficulty or undue injury to innocent persons; 
641.8   or 
641.9      (f) is otherwise unreachable without undue injury to an 
641.10  innocent person.  
641.11     Sec. 19.  [609M.73] [PRESERVATION OF PROPERTY SUBJECT TO 
641.12  FORFEITURE.] 
641.13     Subdivision 1.  [TEMPORARY RESTRAINING ORDER.] (a) When an 
641.14  indictment or complaint is filed under section 609J.95 
641.15  (racketeering), the district court may take any of the following 
641.16  actions if the prosecuting authority shows by a preponderance of 
641.17  the evidence that the action is necessary to preserve the 
641.18  reachability of property subject to criminal forfeiture: 
641.19     (1) enter a restraining order or injunction; 
641.20     (2) require the execution of a satisfactory performance 
641.21  bond; or 
641.22     (3) take any other reasonable action, including the 
641.23  appointment of a receiver. 
641.24     (b) Before granting the remedies provided by this 
641.25  subdivision, the court shall hold a hearing, after notice to all 
641.26  affected persons, giving them a reasonable opportunity to 
641.27  respond.  At the hearing, the rules of evidence do not apply. 
641.28     Subd. 2.  [PRECHARGE ORDER.] (a) If no indictment or 
641.29  complaint has been filed, the district court may take actions 
641.30  provided in subdivision 1 if the prosecuting authority makes the 
641.31  showing required by subdivision 1 and also shows that: 
641.32     (1) there is probable cause to believe that the property 
641.33  with respect to which the order is sought would, in the event of 
641.34  a conviction, be subject to criminal forfeiture under section 
641.35  609J.955 (felony racketeering); and 
641.36     (2) the requested order would not result in substantial and 
642.1   irreparable harm or injury to the party against whom the order 
642.2   is to be entered, or to other affected persons, that outweighs 
642.3   the need to preserve the reachability of the property. 
642.4      (b) An order entered under this subdivision is effective 
642.5   for a maximum of 90 days unless: 
642.6      (1) extended by the district court for good cause; or 
642.7      (2) terminated by the filing of an indictment or complaint 
642.8   alleging that the property is subject to forfeiture.  
642.9      Subd. 3.  [RESTRAINING ORDER WITHOUT NOTICE.] (a) On 
642.10  application by the prosecuting authority, the district court may 
642.11  grant, without notice to any party, a temporary restraining 
642.12  order to preserve the reachability of property subject to 
642.13  criminal forfeiture under section 609M.71 if: 
642.14     (1) an indictment or complaint alleging that property is 
642.15  subject to criminal forfeiture has been filed or the district 
642.16  court determines that there is probable cause to believe that 
642.17  property with respect to which the order is sought would, in the 
642.18  event of a conviction, be subject to criminal forfeiture under 
642.19  section 609M.71; 
642.20     (2) the property is in the possession or control of the 
642.21  party against whom the order is to be entered; and 
642.22     (3) the district court makes a specific finding in writing 
642.23  that the property can be concealed, disposed of, or placed 
642.24  beyond the jurisdiction of the court before any party may be 
642.25  heard in opposition. 
642.26     (b) A temporary restraining order granted without notice to 
642.27  any party under this subdivision expires within the time fixed 
642.28  by the court, not to exceed ten days.  The court may extend the 
642.29  order for good cause shown, or if the party against whom it is 
642.30  entered consents to an extension.  After a temporary restraining 
642.31  order is granted under this subdivision, a hearing concerning 
642.32  the entry of an order under this section shall be held at the 
642.33  earliest practicable time and before the temporary order expires.
642.34     Sec. 20.  [609M.75] [DISPOSITION OF FORFEITURE PROCEEDS.] 
642.35     Subdivision 1.  [DISPOSITION ALTERNATIVES.] After making 
642.36  due provisions for the rights of innocent persons, the 
643.1   prosecuting authority shall, as soon as feasible, dispose of all 
643.2   property ordered forfeited under section 609M.71 by: 
643.3      (a) public sale; 
643.4      (b) transfer to a state governmental agency for official 
643.5   use; 
643.6      (c) sale or transfer to an innocent person; or 
643.7      (d) destruction, if the property is not needed for evidence 
643.8   in a pending criminal or civil proceeding. 
643.9      Subd. 2.  [NO REVERSION TO DEFENDANT.] An interest in 
643.10  personal or real property not exercisable by or transferable for 
643.11  value by the prosecuting authority expires and does not revert 
643.12  to the defendant.  Forfeited property may not be purchased by 
643.13  the defendant, relative of the defendant, or any person acting 
643.14  in concert with the defendant or on the defendant's behalf. 
643.15     Subd. 3.  [SALE PROCEEDS.] The proceeds of a sale or other 
643.16  disposition of forfeited property under this section, whether by 
643.17  final judgment, settlement, or otherwise, must be applied as 
643.18  follows: 
643.19     (a) to the fees and costs of the forfeiture and sale 
643.20  including expenses of seizure, maintenance, and custody of the 
643.21  property pending its disposition, advertising, and court costs; 
643.22     (b) to all costs and expenses of investigation and 
643.23  prosecution including costs of resources and personnel incurred 
643.24  in investigation and prosecution; and 
643.25     (c) the balance to the appropriate agencies under section 
643.26  609M.35, subdivision 5.  
643.27     Sec. 21.  [609M.77] [ADDITIONAL RELIEF AVAILABLE.] 
643.28     With respect to property ordered forfeited, fine imposed, 
643.29  or civil penalty imposed in a criminal proceeding under section 
643.30  609J.95 (racketeering) or civil proceeding under section 609J.97 
643.31  (civil remedies for racketeering), the district court may, on 
643.32  petition of the prosecuting authority or any other person within 
643.33  60 days after entry of a final order: 
643.34     (a) authorize the compromise of any claim; 
643.35     (b) award compensation to any person providing information 
643.36  that results in a forfeiture under section 609M.71; 
644.1      (c) grant any petition for mitigation or remission of 
644.2   forfeiture or fines; 
644.3      (d) restore forfeited property or any imposed fine to any 
644.4   victim of a violation of section 609J.95; and 
644.5      (e) take any other action to protect the rights of any 
644.6   innocent person that is in the interest of justice and is 
644.7   consistent with the purposes of sections 609J.95 to 609J.97 and 
644.8   609M.71 to 609M.77. 
644.9                              ARTICLE 17 
644.10                ENFORCEMENT OF INFRACTION PENALTIES 
644.11     Section 1.  [609N.01] [INFRACTIONS.] 
644.12     Subdivision 1.  [AUTHORIZATION.] Any violation of state law 
644.13  or local ordinance may be designated an infraction by statute.  
644.14  An infraction is not a crime and carries no penalty other than a 
644.15  fine not greater than the maximum amount authorized by section 
644.16  609A.379 (infraction punishment) or either or both of the 
644.17  following in lieu of all or part of the fine: 
644.18     (a) restitution; or 
644.19     (b) compliance with any other reasonable condition agreed 
644.20  to by the infraction violator. 
644.21     Subd. 2.  [SUPERVISION FEE.] If community work service is 
644.22  specified under subdivision 1, paragraph (b), the violator may 
644.23  be required to pay an appropriate supervision fee. 
644.24     Subd. 3.  [ASSESSING AND ENFORCING INFRACTIONS.] Except as 
644.25  provided in sections 168.135 (license plate or license plate 
644.26  tabs renewal; delinquent traffic fines), 609F.213, and 609F.313 
644.27  (willful failure to comply with infraction penalty for certain 
644.28  offenses), this chapter provides the exclusive means for 
644.29  assessing and enforcing infraction penalties.  A court shall not 
644.30  issue an arrest warrant to enforce an infraction penalty. 
644.31     Sec. 2.  [609N.03] [INFRACTION VIOLATION BUREAUS; 
644.32  ESTABLISHMENT AUTHORIZED.] 
644.33     Subdivision 1.  [ESTABLISHMENT.] An infraction violation 
644.34  bureau may be established in a judicial district or in one or 
644.35  more portions of a judicial district by a majority of the judges 
644.36  in the district. 
645.1      Subd. 2.  [SUPERVISION AND OPERATION.] The district court 
645.2   shall supervise and the court administrator shall operate the 
645.3   infraction violation bureau in each district or portion of a 
645.4   district where one is established.  The chief judge shall assign 
645.5   one or more hearing officers to discharge and perform the duties 
645.6   of the infraction violation bureau. 
645.7      Subd. 3.  [PROCEDURE WHERE NO INFRACTION VIOLATION BUREAU.] 
645.8   In those districts or portions of districts where no infraction 
645.9   violation bureau is established, the district court shall 
645.10  conduct judicial proceedings concerning infractions in the 
645.11  manner provided in sections 609N.13 and 609N.17. 
645.12     Sec. 3.  [609N.05] [ISSUING CITATION.] 
645.13     An infraction citation may be issued by any person 
645.14  authorized by law to issue the citation if the person has 
645.15  probable cause to believe a person has committed an infraction.  
645.16  The infraction need not have been committed in the presence of 
645.17  the person issuing the citation.  The person issuing the 
645.18  citation shall state a penalty in the citation in accordance 
645.19  with the penalty schedule described in section 609N.23. 
645.20     Sec. 4.  [609N.07] [CONTENTS OF CITATION.] 
645.21     Subdivision 1.  [CONTENTS.] A citation assessing a penalty 
645.22  for an infraction shall include: 
645.23     (a) a concise statement of the facts alleged to constitute 
645.24  the infraction and a reference to the statute, rule, or 
645.25  ordinance violated; 
645.26     (b) the amount of the penalty, including fine, restitution, 
645.27  or other reasonable condition, that will be imposed if the 
645.28  person does not appear to contest or explain the citation; 
645.29     (c) the date by which the person must either pay the 
645.30  penalty, arrange with the violation bureau, if established, or 
645.31  the court to pay the penalty, or appear in person to contest or 
645.32  explain the citation; 
645.33     (d) a statement that the person may be detained, when 
645.34  necessary, for the purpose of determining and verifying the 
645.35  person's identity; 
645.36     (e) a statement that failure to satisfy or contest a 
646.1   citation by the date indicated constitutes an admission of the 
646.2   infraction; 
646.3      (f) a statement that if the person fails to satisfy or 
646.4   contest the penalty by the date indicated, the debt may be 
646.5   referred for collection under the provisions of chapter 16D; and 
646.6      (g) a statement that an infraction is not a crime. 
646.7      Subd. 2.  [FORM.] The state court administrator shall 
646.8   prepare an infraction citation form which shall be made 
646.9   available to law enforcement agencies and shall be the exclusive 
646.10  citation form for infractions. 
646.11     Sec. 5.  [609N.09] [IDENTIFYING INFRACTION VIOLATOR.] 
646.12     If a person to whom an infraction citation is to be issued 
646.13  does not provide a reasonable form of identification, the person 
646.14  may be detained for identification purposes.  The person 
646.15  detained must be informed promptly of the purpose of the 
646.16  detention and may not be subjected to unreasonable or 
646.17  unnecessary force.  The person detained may be fingerprinted and 
646.18  photographed for the purpose of determining and verifying the 
646.19  person's identity.  The person must be released from detention 
646.20  upon satisfactory proof of the person's identity or completion 
646.21  of the fingerprinting and photographing process, whichever 
646.22  occurs first.  The fingerprints and photograph must be destroyed 
646.23  or given to the person upon satisfactory proof of the person's 
646.24  identity or final resolution of the citation, whichever occurs 
646.25  first.  Until released, the person may be detained in any 
646.26  detention facility licensed by the commissioner of corrections. 
646.27     Sec. 6.  [609N.11] [PAYING OR CONTESTING A CITATION.] 
646.28     Subdivision 1.  [PAYING OR CONTESTING.] A person who 
646.29  receives an infraction citation shall do one of the following on 
646.30  or before the penalty due date indicated on the form: 
646.31     (a) the person shall pay the amount of the penalty that 
646.32  consists of a fine or restitution by mail, or pay or make 
646.33  arrangements to pay the penalty in person in court or at the 
646.34  infraction violation bureau, if one is established; or 
646.35     (b) the person shall appear in person in court or at the 
646.36  infraction violation bureau, if one is established, to contest 
647.1   or explain the citation as provided in sections 609N.13 to 
647.2   609N.17. 
647.3      Subd. 2.  [EFFECT OF PAYING OR FAILING TO PAY CITATION.] 
647.4   Payment of the penalty under subdivision 1, paragraph (a), 
647.5   constitutes an admission of the infraction.  Failure to satisfy 
647.6   or make arrangements to satisfy the penalty or to contest or 
647.7   explain the citation by the penalty due date constitutes an 
647.8   admission of the infraction. 
647.9      Sec. 7.  [609N.13] [CONTESTED CITATIONS; PROCEDURES 
647.10  GENERALLY.] 
647.11     Subdivision 1.  [APPLICABILITY.] The procedures specified 
647.12  in this section apply where a person contests a citation: 
647.13     (a) before an infraction violation bureau where one is 
647.14  established; 
647.15     (b) before the district court where an infraction violation 
647.16  bureau is not established; or 
647.17     (c) before the district court on a trial de novo upon 
647.18  appeal from a hearing officer's determination. 
647.19     Subd. 2.  [COUNSEL.] The person may be represented by 
647.20  counsel if the person chooses, but the person is not eligible 
647.21  for appointed counsel at public expense. 
647.22     Subd. 3.  [CLEAR AND CONVINCING EVIDENCE.] The judge or 
647.23  hearing officer shall affirm the citation if the judge or 
647.24  officer determines by clear and convincing evidence that the 
647.25  person committed the infraction. 
647.26     Sec. 8.  [609N.15] [CONTESTED CITATIONS; VIOLATION BUREAU 
647.27  PROCEDURES.] 
647.28     Subdivision 1.  [APPEARANCE.] A person who wishes to 
647.29  contest or explain a citation in a location where an infraction 
647.30  violation bureau has been established shall appear in person at 
647.31  the bureau at any time during its hours of operation before the 
647.32  penalty due date indicated on the citation.  Upon request for 
647.33  good cause shown, the hearing officer may extend for not more 
647.34  than seven days the date by which the citation must be paid or 
647.35  contested. 
647.36     Subd. 2.  [PROCEDURE BEFORE HEARING OFFICER.] The person 
648.1   contesting or explaining the citation shall provide the hearing 
648.2   officer with any testimony or evidence that may help the officer 
648.3   decide whether to affirm or dismiss the citation or to modify 
648.4   the penalty.  The person contesting the citation bears the 
648.5   burden to prove that he or she is not the person named in the 
648.6   citation.  The hearing officer shall conduct the proceeding in 
648.7   an informal manner and may obtain additional information from 
648.8   other sources where relevant to resolving the proceeding.  The 
648.9   proceeding shall not be recorded. 
648.10     Subd. 3.  [HEARING OFFICER'S DECISION.] The hearing officer 
648.11  shall affirm the citation if the officer determines that the 
648.12  person committed the infraction.  Otherwise, the hearing officer 
648.13  shall dismiss the citation.  If the hearing officer affirms the 
648.14  citation, the officer may either affirm the penalty indicated on 
648.15  the citation form or may modify the penalty.  If the officer 
648.16  modifies the penalty, the officer may, among other reasonable 
648.17  conditions, order the person to perform community work service 
648.18  in lieu of all or part of the fine if a program has been 
648.19  approved by the district court for the purposes of liability 
648.20  claims under section 3.739, and is available in the county where 
648.21  the infraction was committed. 
648.22     Subd. 4.  [COMPLYING WITH OR CONTESTING DECISION.] If the 
648.23  penalty is affirmed, it is payable when the hearing officer 
648.24  makes the decision unless otherwise provided by the officer.  
648.25  However, a person aggrieved by the decision may contest the 
648.26  decision by filing a request that the matter be heard de novo in 
648.27  district court.  The request must be filed within the time 
648.28  specified in rules adopted by the supreme court for this 
648.29  purpose.  In this event, the penalty due date is stayed pending 
648.30  the district court hearing. 
648.31     Sec. 9.  [609N.17] [CONTESTED CITATIONS; DISTRICT COURT 
648.32  PROCEDURES.] 
648.33     Subdivision 1.  [PROCEDURE.] If a person wishes to contest 
648.34  or explain a citation in a location where an infraction 
648.35  violation bureau is not established, or if a person contests a 
648.36  hearing officer's decision by filing a request for a trial de 
649.1   novo, the district court proceedings shall follow the procedures 
649.2   established in rules adopted by the supreme court for this 
649.3   purpose. 
649.4      Subd. 2.  [APPEAL.] A person aggrieved by the judge's 
649.5   decision may appeal the decision in the manner provided in rules 
649.6   adopted by the supreme court for this purpose. 
649.7      Sec. 10.  [609N.19] [COLLECTING PENALTY.] 
649.8      Subdivision 1.  [COLLECTION.] If a penalty assessed under 
649.9   this chapter is not paid when due, it may be collected in the 
649.10  same manner as court-imposed fines or it may be referred for 
649.11  collection under chapter 16D or to a private agency or other 
649.12  collection entity.  The court administrator shall add a ten 
649.13  percent collection fee to any penalty that is not paid when 
649.14  due.  The penalty also may be docketed as a civil judgment. 
649.15     Subd. 2.  [CONVERTING PENALTY TO FINE.] If the penalty 
649.16  consists of work or other condition in lieu of all or part of a 
649.17  fine and was not performed or fulfilled, the penalty may be 
649.18  converted to a fine amount, consistent with the penalty schedule 
649.19  established in section 609N.23, and collected as provided in 
649.20  this section. 
649.21     Sec. 11.  [609N.21] [DISTRIBUTING PENALTIES.] 
649.22     Nothing in this chapter alters the distribution of fine 
649.23  proceeds provided by other applicable law. 
649.24     Sec. 12.  [609N.23] [PENALTY SCHEDULE.] 
649.25     On or before January 1, 1998, the conference of chief 
649.26  judges shall develop a penalty schedule applicable to 
649.27  infractions.  The penalty schedule may include one or more of 
649.28  the following items:  a schedule of maximum fines for each type 
649.29  of infraction; a method for determining the amount of 
649.30  restitution owed to a victim, if any; a method for converting 
649.31  fine amounts into community work service hours; and surcharges 
649.32  for persons who fail to perform work or other conditions as 
649.33  ordered. 
649.34                             ARTICLE 18 
649.35                      MISCELLANEOUS AMENDMENTS 
649.36     Section 1.  Minnesota Statutes 1996, section 3.739, 
650.1   subdivision 1, is amended to read: 
650.2      Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
650.3   arising out of the circumstances described in this subdivision 
650.4   shall be presented to, heard, and determined as provided in 
650.5   subdivision 2: 
650.6      (1) (a) an injury to or death of an inmate of a state, 
650.7   regional, or local correctional facility or county jail who has 
650.8   been conditionally released and ordered to perform uncompensated 
650.9   work for a state agency, a political subdivision or public 
650.10  corporation of this state, a nonprofit educational, medical, or 
650.11  social service agency, or a private business or individual, as a 
650.12  condition of the release, while performing the work; 
650.13     (2) (b) an injury to or death of a person sentenced by a 
650.14  court, granted a suspended sentence by a court, or subject to an 
650.15  infraction penalty or a court disposition order, and who, 
650.16  under the infraction penalty or court order, is performing work: 
650.17     (a) (1) in restitution,; 
650.18     (b) (2) in lieu of or to work off fines or court ordered 
650.19  costs,; 
650.20     (c) (3) in lieu of incarceration,; or 
650.21     (d) (4) as a term or condition of a sentence, suspended 
650.22  sentence, or disposition order, while performing the work; 
650.23     (3) (c) an injury to or death of a person, who has been 
650.24  diverted from the court system and who is performing work as 
650.25  described in paragraph (1) or (2) (a) or (b) under a written 
650.26  agreement signed by the person, and if a juvenile, by a parent 
650.27  or guardian; or 
650.28     (4) (d) an injury to or death of any person caused by an 
650.29  individual who was performing work as described in paragraph 
650.30  (1), (2), or (3) this subdivision. 
650.31     Sec. 2.  [97B.322] [FIRST DEGREE MISDEMEANOR TAKING DEER 
650.32  WITH SET GUN OR SWIVEL GUN.] 
650.33     Whoever violates section 97B.321 by means of a set gun or a 
650.34  swivel gun is guilty of a first degree misdemeanor. 
650.35     Sec. 3.  Minnesota Statutes 1996, section 260.015, 
650.36  subdivision 21, is amended to read: 
651.1      Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
651.2   OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
651.3   alcohol offense, a juvenile controlled substance offense, a 
651.4   violation of section 609.685 609J.57 (use of tobacco), or a 
651.5   violation of a local ordinance, which by its terms prohibits 
651.6   conduct by a child under the age of 18 years which that would be 
651.7   lawful conduct if committed by an adult.  
651.8      (b) Except as otherwise provided in paragraph (c), 
651.9   "juvenile petty offense" also includes an offense that would be 
651.10  an infraction or a misdemeanor if committed by an adult.  
651.11     (c) "Juvenile petty offense" does not include any of the 
651.12  following: 
651.13     (1) a misdemeanor-level violation of section 588.20, 
651.14  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
651.15  609C.21 (assault); 609D.79 (indecent exposure); 609E.11 to 
651.16  609E.31, 609E.45, 609E.53, and 609E.69 (certain weapons 
651.17  offenses); 609H.11 (arson); 609H.17 (negligent fire); 609H.18 
651.18  (dangerous smoking); 609L.11 (prostitution); or 609L.13 
651.19  (soliciting prostitution in public place); 
651.20     (2) a major traffic offense or an adult court traffic 
651.21  offense, as described in section 260.193; 
651.22     (3) a misdemeanor-level offense committed by a child whom 
651.23  the juvenile court previously has found to have committed a 
651.24  misdemeanor, gross misdemeanor, or felony offense; or 
651.25     (4) a misdemeanor-level offense committed by a child whom 
651.26  the juvenile court has found to have committed a 
651.27  misdemeanor-level juvenile petty offense on two or more prior 
651.28  occasions, unless the county attorney designates the child on 
651.29  the petition as a juvenile petty offender notwithstanding this 
651.30  prior record.  As used in this clause, "misdemeanor-level 
651.31  juvenile petty offense" includes a misdemeanor-level offense 
651.32  that would have been a juvenile petty offense if it had been 
651.33  committed on or after July 1, 1995.  
651.34     (d) A child who commits a juvenile petty offense is a 
651.35  "juvenile petty offender." 
651.36     Sec. 4.  Minnesota Statutes 1996, section 270A.03, 
652.1   subdivision 5, is amended to read: 
652.2      Subd. 5.  [DEBT.] (a) "Debt" means a legal obligation of a 
652.3   natural person to pay a fixed and certain amount of money, which 
652.4   equals or exceeds $25 and which is due and payable to a claimant 
652.5   agency.  The term includes criminal fines imposed under section 
652.6   609.10 or 609.125 609A.43 (sentences available) or 609A.59 
652.7   (sentence for misdemeanor or gross misdemeanor), infraction 
652.8   penalties imposed under chapter 609N, and restitution.  A debt 
652.9   may arise under a contractual or statutory obligation, a court 
652.10  order, or other legal obligation, but need not have been reduced 
652.11  to judgment.  
652.12     (b) A debt does not include any legal obligation of a 
652.13  current recipient of assistance which is based on overpayment of 
652.14  an assistance grant. 
652.15     (c) A debt does not include any legal obligation to pay a 
652.16  claimant agency for medical care, including hospitalization if 
652.17  the income of the debtor at the time when the medical care was 
652.18  rendered does not exceed the following amount: 
652.19     (1) for an unmarried debtor, an income of $6,400 or less; 
652.20     (2) for a debtor with one dependent, an income of $8,200 or 
652.21  less; 
652.22     (3) for a debtor with two dependents, an income of $9,700 
652.23  or less; 
652.24     (4) for a debtor with three dependents, an income of 
652.25  $11,000 or less; 
652.26     (5) for a debtor with four dependents, an income of $11,600 
652.27  or less; and 
652.28     (6) for a debtor with five or more dependents, an income of 
652.29  $12,100 or less.  
652.30     (d) The income amounts in this subdivision shall be 
652.31  adjusted for inflation for debts incurred in calendar years 1991 
652.32  and thereafter.  The dollar amount of each income level that 
652.33  applied to debts incurred in the prior year shall be increased 
652.34  in the same manner as provided in section 290.06, subdivision 
652.35  2d, for the expansion of the tax rate brackets. 
652.36     Sec. 5.  Minnesota Statutes 1996, section 340A.503, 
653.1   subdivision 1, is amended to read: 
653.2      Subdivision 1.  [PERMITTING CONSUMPTION.] (a) It is 
653.3   unlawful for any:  
653.4      (1) retail intoxicating liquor or 3.2 percent malt 
653.5   nonintoxicating liquor licensee, municipal liquor store, or 
653.6   bottle club permit holder under section 340A.414, to permit any 
653.7   person under the age of 21 years to drink alcoholic beverages on 
653.8   the licensed premises or within the municipal liquor store; or. 
653.9      (2) person under the age of 21 years to consume any 
653.10  alcoholic beverages.  If proven by a preponderance of the 
653.11  evidence, it is an affirmative defense to a violation of this 
653.12  clause that the defendant consumed the alcoholic beverage in the 
653.13  household of the defendant's parent or guardian and with the 
653.14  consent of the parent or guardian.  
653.15     (b) An offense under paragraph (a), clause (2), may be 
653.16  prosecuted either in the jurisdiction where consumption occurs 
653.17  or the jurisdiction where evidence of consumption is observed. 
653.18     (c) As used in this subdivision, "consume" includes the 
653.19  ingestion of an alcoholic beverage and the physical condition of 
653.20  having ingested an alcoholic beverage. 
653.21     Sec. 6.  Minnesota Statutes 1996, section 366.01, 
653.22  subdivision 10, is amended to read: 
653.23     Subd. 10.  [PENAL OFFENSES.] They may declare that a 
653.24  violation of an ordinance is a penal offense and prescribe The 
653.25  town board may provide criminal penalties for violations of its 
653.26  ordinances, except as otherwise provided by law.  No penalty 
653.27  shall exceed that provided by law for a misdemeanor authorized 
653.28  in section 609A.39, subdivision 2, but the costs of prosecution 
653.29  may be added.  
653.30     Sec. 7.  Minnesota Statutes 1996, section 366.01, is 
653.31  amended by adding a subdivision to read: 
653.32     Subd. 10a.  [CIVIL PENALTIES.] The town board has the power 
653.33  to establish a procedure for imposing civil penalties for 
653.34  violations of its ordinances.  The procedure must give the 
653.35  alleged violator an opportunity to be heard before the council 
653.36  or another neutral party.  The civil penalties are subject to 
654.1   the limitations of section 609A.39, subdivision 5. 
654.2      Sec. 8.  Minnesota Statutes 1996, section 366.01, is 
654.3   amended by adding a subdivision to read: 
654.4      Subd. 10b.  [LIMITATIONS ON CRIMINAL AND CIVIL 
654.5   PENALTIES.] As provided in section 609A.03, the board may not 
654.6   establish a criminal or civil penalty for an ordinance violation 
654.7   that exceeds the penalty provided in state law for the same 
654.8   offense. 
654.9      Sec. 9.  Minnesota Statutes 1996, section 375.53, is 
654.10  amended to read: 
654.11     375.53 [VIOLATIONS OF ORDINANCES, PENALTIES.] 
654.12     Subdivision 1.  [CRIMINAL PENALTIES.] The county board 
654.13  may declare that the violation of any ordinance shall be a penal 
654.14  offense and prescribe provide criminal penalties for a violation 
654.15  violations of its ordinances.  The penalties shall not exceed 
654.16  those permitted for conviction of a misdemeanor as defined by 
654.17  law authorized in section 609A.39, subdivision 2. 
654.18     Subd. 2.  [CIVIL PENALTIES.] The county board has the power 
654.19  to establish a procedure for imposing civil penalties for 
654.20  violations of its ordinances.  The procedure must give the 
654.21  alleged violator an opportunity to be heard before the board or 
654.22  another neutral party.  The civil penalties are subject to the 
654.23  limitations of section 609A.39, subdivision 5. 
654.24     Subd. 3.  [LIMITATIONS ON CRIMINAL AND CIVIL PENALTIES.] As 
654.25  provided in section 609A.03, the county board may not establish 
654.26  a criminal or civil penalty for an ordinance violation that 
654.27  exceeds the penalty provided in state law for the same offense. 
654.28     Sec. 10.  [410.28] [PENALTIES.] 
654.29     Subdivision 1.  [CRIMINAL PENALTIES.] The charter may 
654.30  authorize criminal penalties for violations of the city's 
654.31  ordinances.  A home rule charter city may not establish a 
654.32  criminal penalty for an ordinance violation that exceeds the 
654.33  maximum penalty authorized in section 609A.39, subdivision 2. 
654.34     Subd. 2.  [CIVIL PENALTIES.] A home rule charter city may 
654.35  establish a procedure for imposing civil penalties for 
654.36  violations of its ordinances.  The procedure must give the 
655.1   alleged violator an opportunity to be heard before the city 
655.2   council or another neutral party.  The civil penalties are 
655.3   subject to the limitations of section 609A.39, subdivision 5. 
655.4      Subd. 3.  [LIMITATIONS ON CRIMINAL AND CIVIL PENALTIES.] As 
655.5   provided in section 609A.03, a home rule city may not establish 
655.6   a criminal or civil penalty for an ordinance violation that 
655.7   exceeds the penalty provided in state law for the same offense. 
655.8      Sec. 11.  Minnesota Statutes 1996, section 412.231, is 
655.9   amended to read: 
655.10     412.231 [PENALTIES.] 
655.11     Subdivision 1.  [CRIMINAL PENALTIES.] The council shall 
655.12  have the power to declare that the violation of any ordinance 
655.13  shall be a penal offense and to prescribe penalties therefor has 
655.14  the power to provide criminal penalties for violations of its 
655.15  ordinances.  No such penalty shall exceed a fine of $700 or 
655.16  imprisonment in a city or county jail for a period of 90 days, 
655.17  or both, but in either case the costs of prosecution may be 
655.18  added. The council may not establish a criminal penalty for an 
655.19  ordinance violation that exceeds the maximum penalty authorized 
655.20  in section 609A.39, subdivision 2. 
655.21     Subd. 2.  [CIVIL PENALTIES.] The council may establish a 
655.22  procedure for imposing civil penalties for violations of its 
655.23  ordinances.  The procedure must give the alleged violator an 
655.24  opportunity to be heard before the council or another neutral 
655.25  party.  The civil penalties are subject to the limitations of 
655.26  section 609A.39, subdivision 5. 
655.27     Subd. 3.  [LIMITATIONS ON CRIMINAL AND CIVIL PENALTIES.] As 
655.28  provided in section 609A.03, the council may not establish a 
655.29  criminal or civil penalty for an ordinance violation that 
655.30  exceeds the penalty provided in state law for the same offense. 
655.31     Sec. 12.  Minnesota Statutes 1996, section 518B.01, 
655.32  subdivision 14, is amended to read: 
655.33     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
655.34  Whenever an order for protection is granted pursuant to this 
655.35  section, and the respondent or person to be restrained knows of 
655.36  the order, violation of the order for protection is a 
656.1   misdemeanor crime under section 609C.31.  Upon conviction, the 
656.2   defendant must be sentenced to a minimum of three days 
656.3   imprisonment incarceration and must be ordered to participate in 
656.4   counseling or other appropriate programs selected by the 
656.5   court as specified in sections 609C.313 and 609C.315.  If the 
656.6   court stays imposition or execution of the jail sentence and the 
656.7   defendant refuses or fails to comply with the court's treatment 
656.8   order, the court must impose and execute the stayed jail 
656.9   sentence.  A person is guilty of a gross misdemeanor who 
656.10  violates this paragraph during the time period between a 
656.11  previous conviction under this paragraph; sections 609.221 to 
656.12  609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
656.13  subdivision 6; 609.749; or a similar law of another state and 
656.14  the end of the five years following discharge from sentence for 
656.15  that conviction.  Upon conviction, the defendant must be 
656.16  sentenced to a minimum of ten days imprisonment and must be 
656.17  ordered to participate in counseling or other appropriate 
656.18  programs selected by the court.  Notwithstanding section 
656.19  609.135, the court must impose and execute the minimum sentence 
656.20  provided in this paragraph for gross misdemeanor convictions. 
656.21     (b) A peace officer shall arrest without a warrant and take 
656.22  into hold in custody a person whom the peace officer has 
656.23  probable cause to believe has violated an order granted pursuant 
656.24  to this section restraining the person or excluding the person 
656.25  from the residence or the petitioner's place of employment, even 
656.26  if the violation of the order did not take place in the presence 
656.27  of the peace officer, if the existence of the order can be 
656.28  verified by the officer.  The person shall be held in custody 
656.29  for at least 36 hours, excluding the day of arrest, Sundays, and 
656.30  holidays, unless the person is released earlier by a judge or 
656.31  judicial officer.  A peace officer acting in good faith and 
656.32  exercising due care in making an arrest pursuant to this 
656.33  paragraph is immune from civil liability that might result from 
656.34  the officer's actions, as provided in section 609C.31. 
656.35     (c) A violation of an order for protection shall also 
656.36  constitute constitutes contempt of court and be is subject to 
657.1   the penalties therefor.  
657.2      (d) If the court finds that the respondent has violated an 
657.3   order for protection and that there is reason to believe that 
657.4   the respondent will commit a further violation of the provisions 
657.5   of the order restraining the respondent from committing acts of 
657.6   domestic abuse or excluding the respondent from the petitioner's 
657.7   residence, the court may require the respondent to acknowledge 
657.8   an obligation to comply with the order on the record.  The court 
657.9   may require a bond sufficient to deter the respondent from 
657.10  committing further violations of the order for protection, 
657.11  considering the financial resources of the respondent, and not 
657.12  to exceed $10,000.  If the respondent refuses to comply with an 
657.13  order to acknowledge the obligation or post a bond under this 
657.14  paragraph, the court shall commit the respondent to the county 
657.15  jail during the term of the order for protection or until the 
657.16  respondent complies with the order under this paragraph.  The 
657.17  warrant must state the cause of commitment, with the sum and 
657.18  time for which any bond is required.  If an order is issued 
657.19  under this paragraph, the court may order the costs of the 
657.20  contempt action, or any part of them, to be paid by the 
657.21  respondent.  An order under this paragraph is appealable.  
657.22     (e) Upon the filing of an affidavit by the petitioner, any 
657.23  peace officer, or an interested party designated by the court, 
657.24  alleging that the respondent has violated any order for 
657.25  protection granted pursuant to this section, the court may issue 
657.26  an order to the respondent, requiring the respondent to appear 
657.27  and show cause within 14 days why the respondent should not be 
657.28  found in contempt of court and punished therefor.  The hearing 
657.29  may be held by the court in any county in which the petitioner 
657.30  or respondent temporarily or permanently resides at the time of 
657.31  the alleged violation.  The court also shall refer the violation 
657.32  of the order for protection to the appropriate prosecuting 
657.33  authority for possible prosecution under paragraph (a). 
657.34     (f) If it is alleged that the respondent has violated an 
657.35  order for protection issued under subdivision 6 and the court 
657.36  finds that the order has expired between the time of the alleged 
658.1   violation and the court's hearing on the violation, the court 
658.2   may grant a new order for protection under subdivision 6 based 
658.3   solely on the respondent's alleged violation of the prior order, 
658.4   to be effective until the hearing on the alleged violation of 
658.5   the prior order.  If the court finds that the respondent has 
658.6   violated the prior order, the relief granted in the new order 
658.7   for protection shall be extended for a fixed period, not to 
658.8   exceed one year, except when the court determines a longer fixed 
658.9   period is appropriate. 
658.10     (g) The admittance into petitioner's dwelling of an abusing 
658.11  party excluded from the dwelling under an order for protection 
658.12  is not a violation by the petitioner of the order for protection.
658.13     A peace officer is not liable under section 609.43, clause 
658.14  (1), for a failure to perform a duty required by paragraph (b). 
658.15     (h) When a person is convicted of violating an order for 
658.16  protection under this section and the court determines that the 
658.17  person used a firearm in any way during commission of the 
658.18  violation, the court may order that the person is prohibited 
658.19  from possessing any type of firearm for any period longer than 
658.20  three years or for the remainder of the person's life.  A person 
658.21  who violates this paragraph is guilty of a gross misdemeanor.  
658.22  At the time of the conviction, the court shall inform the 
658.23  defendant whether and for how long the defendant is prohibited 
658.24  from possessing a firearm and that it is a gross misdemeanor to 
658.25  violate this paragraph.  The failure of the court to provide 
658.26  this information to a defendant does not affect the 
658.27  applicability of the firearm possession prohibition or the gross 
658.28  misdemeanor penalty to that defendant. 
658.29     (i) Except as otherwise provided in paragraph (h), when a 
658.30  person is convicted of violating an order for protection under 
658.31  this section, the court shall inform the defendant that the 
658.32  defendant is prohibited from possessing a pistol for three years 
658.33  from the date of conviction and that it is a gross misdemeanor 
658.34  offense to violate this prohibition.  The failure of the court 
658.35  to provide this information to a defendant does not affect the 
658.36  applicability of the pistol possession prohibition or the gross 
659.1   misdemeanor penalty to that defendant. 
659.2      (j) Except as otherwise provided in paragraph (h), a person 
659.3   is not entitled to possess a pistol if the person has been 
659.4   convicted after August 1, 1996, of violating an order for 
659.5   protection under this section, unless three years have elapsed 
659.6   from the date of conviction and, during that time, the person 
659.7   has not been convicted of any other violation of this section.  
659.8   Property rights may not be abated but access may be restricted 
659.9   by the courts.  A person who possesses a pistol in violation of 
659.10  this paragraph is guilty of a gross misdemeanor.  
659.11     (k) If the court determines that a person convicted of 
659.12  violating an order for protection under this section owns or 
659.13  possesses a firearm and used it in any way during the commission 
659.14  of the violation, it shall order that the firearm be summarily 
659.15  forfeited under section 609.5316, subdivision 3. 
659.16     (h) Restriction of firearms possession upon conviction for 
659.17  violating an order for protection is governed by sections 
659.18  609C.35 and 609E.82. 
659.19     (i) Forfeiture of firearm used while violating an order for 
659.20  protection is governed by sections 609C.35 and 609M.37. 
659.21     Sec. 13.  Minnesota Statutes 1996, section 645.241, is 
659.22  amended to read: 
659.23     645.241 [PUNISHMENT FOR PROHIBITED ACTS.] 
659.24     When the performance of any act is prohibited by a statute, 
659.25  and no penalty for the violation of the same shall be is imposed 
659.26  in any statute, the doing of such the act shall be a misdemeanor 
659.27  is an infraction. 
659.28                             ARTICLE 19 
659.29                 REVISOR INSTRUCTIONS AND REPEALER  
659.30     Section 1.  Minnesota Statutes 1996, section 3C.10, 
659.31  subdivision 1, is amended to read: 
659.32     Subdivision 1.  [EDITORIAL POWERS FOR STATUTES.] The 
659.33  revisor's office, in preparing printer's copy for editions of 
659.34  statutes, may not alter the sense, meaning, or effect of any 
659.35  legislative act, but may:  
659.36     (a) renumber sections or subdivisions and parts of sections 
660.1   or subdivisions; 
660.2      (b) change the wording of headnotes; 
660.3      (c) rearrange sections or subdivisions; 
660.4      (d) combine sections or subdivisions into other sections or 
660.5   other subdivisions, or both; 
660.6      (e) divide sections or subdivisions into other sections or 
660.7   subdivisions so as to give to distinct subject matters a section 
660.8   or subdivision number; 
660.9      (f) substitute the proper section, chapter, or subdivision 
660.10  numbers for the terms "this act," "the preceding section," and 
660.11  the like; 
660.12     (g) substitute figures for written words and vice versa; 
660.13     (h) substitute the date on which the law becomes effective 
660.14  for the words "the effective date of this act," and the like; 
660.15     (i) change capitalization for the purpose of uniformity; 
660.16     (j) correct manifest clerical, typographical, grammatical, 
660.17  or punctuation errors; 
660.18     (k) correct words misspelled in enrollments; 
660.19     (l) change reference numbers to agree with renumbered 
660.20  chapters, sections, or subdivisions; 
660.21     (m) delete the phrases "Minnesota Statutes," "Minnesota 
660.22  Statutes 1980," and phrases identifying other editions of and 
660.23  supplements to Minnesota Statutes if the phrases are used in a 
660.24  reference to a statutory section; 
660.25     (n) replace gender specific words with gender neutral words 
660.26  and, if necessary, recast the sentences containing gender 
660.27  specific words; and 
660.28     (o) change words in parentheses after references to 
660.29  chapters, sections, subdivisions, or paragraphs in the criminal 
660.30  or vehicle code, or other chapters, to ensure that the text in 
660.31  parentheses describes the referenced sections, subdivisions, and 
660.32  paragraphs; and 
660.33     (p) make similar editorial changes to ensure the accuracy 
660.34  and utility of the publication. 
660.35     Sec. 2.  [REVISOR'S INSTRUCTIONS.] 
660.36     Subdivision 1.  [INTEGRATING AMENDMENTS INTO CRIMINAL OR 
661.1   VEHICLE CODE.] If the 1997 legislature enacts amendments to 
661.2   criminal or traffic law using coding made obsolete by articles 1 
661.3   to 19, the revisor of statutes shall proceed as follows: 
661.4      (a) The revisor shall integrate the amendments into 
661.5   Minnesota Statutes, chapters 169A to 169C and 609A to 609N, 
661.6   using, to the extent possible, the style, format, structure, and 
661.7   numbering scheme of articles 1 to 19 and appropriate penalty 
661.8   provisions. 
661.9      (b) Unless otherwise specified in articles 1 to 19: 
661.10     (1) if the amendment specifies gross misdemeanor 
661.11  punishment, the revisor shall include a gross misdemeanor 
661.12  penalty section; 
661.13     (2) if the amendment specifies misdemeanor punishment, the 
661.14  revisor shall include a second degree misdemeanor penalty 
661.15  section; and 
661.16     (3) if the law specifies petty misdemeanor punishment, the 
661.17  revisor shall include an infraction penalty section. 
661.18     (c) The revisor shall prepare for consideration by the 1998 
661.19  legislature a technical revisor's bill proposing appropriate 
661.20  penalty modifications for the amended provisions.  In preparing 
661.21  this bill, the revisor: 
661.22     (1) shall employ the ranking factors that the nonfelony 
661.23  enforcement advisory committee used in developing the penalty 
661.24  provisions in articles 1 to 17; and 
661.25     (2) may consult with persons who served as members or staff 
661.26  of the nonfelony enforcement advisory committee. 
661.27     Subd. 2.  [CROSS-REFERENCES.] The revisor of statutes shall 
661.28  correct cross-references to provisions contained in articles 1 
661.29  to 19.  The revisor shall prepare a concordance chart to show 
661.30  the reorganization of law under articles 1 to 19 and publish the 
661.31  chart as a table in the next edition of Minnesota Statutes. 
661.32     Subd. 3.  [EXPLANATIONS FOR RECODIFIED PROVISIONS.] In the 
661.33  next and subsequent editions of Minnesota Statutes, the revisor 
661.34  of statutes shall print an explanation for each section repealed 
661.35  by articles 1 to 19.  The explanation must take substantially 
661.36  the following form: 
662.1      609.185 [Repealed, 1997 c ... s ...; amended and recodified 
662.2   as section 609C....]. 
662.3      Subd. 4.  [RECODIFY CHAPTER 609A.] In the next edition of 
662.4   Minnesota Statutes, the revisor of statutes shall renumber 
662.5   chapter 609A as chapter 631A. 
662.6      Subd. 5.  [SUBSTITUTING INFRACTION FOR PETTY 
662.7   MISDEMEANOR.] In the next and subsequent editions of Minnesota 
662.8   Statutes, the revisor of statutes shall substitute the term 
662.9   "infraction" for the term "petty misdemeanor." 
662.10     Subd. 6.  [EVENTUAL SUBSTITUTION OF INFRACTION FOR 
662.11  MISDEMEANOR.] Unless otherwise specified in a law enacted after 
662.12  January 1, 1997, if a statute that is not included within the 
662.13  criminal code or the vehicle code creates a misdemeanor or 
662.14  provides for a sentence of incarceration for 90 days, with or 
662.15  without a fine, the revisor of statutes shall modify the statute 
662.16  in Minnesota Statutes 1998 and subsequent editions of Minnesota 
662.17  Statutes to specify that the violator is guilty of an infraction.
662.18     Subd. 7.  [EVENTUAL SUBSTITUTION OF FIRST DEGREE 
662.19  MISDEMEANOR FOR GROSS MISDEMEANOR.] Unless otherwise specified 
662.20  in a law enacted after January 1, 1997, if a statute that is not 
662.21  included within the criminal code or the vehicle code creates 
662.22  gross misdemeanor or provides for a sentence of incarceration 
662.23  for one year, with or without a fine, the revisor of statutes 
662.24  shall modify the statute in Minnesota Statutes 1998 and 
662.25  subsequent editions of Minnesota Statutes to specify that the 
662.26  violator is guilty of a first degree misdemeanor. 
662.27     Sec. 3.  [REPEALER.] 
662.28     (a) Minnesota Statutes 1996, sections 148A.01; 148A.02; 
662.29  148A.03; 148A.04; 148A.05; 148A.06; 168.2701; 168.2702; 169.01; 
662.30  169.02, subdivision 1; 169.022; 169.025; 169.03; 169.04; 169.05; 
662.31  169.09; 169.10; 169.11; 169.121; 169.1211; 169.1215; 169.1216; 
662.32  169.1217; 169.122; 169.123; 169.124; 169.125; 169.126; 169.1261; 
662.33  169.1265; 169.128; 169.129; 169.13; 169.89; 169.891; 169.90; 
662.34  169.901; 169.91; 169.92; 169.93; 169.94; 169.95; 169.96; 
662.35  169.965; 169.966; 169.97; 169.98; 169.983; 169.985; 169.99; 
662.36  299C.065, subdivisions 1a and 3a; 332.50; 332.51; 340A.503, 
663.1   subdivision 3; 626A.02; 626A.03; 626A.13; 626A.20; 626A.25; 
663.2   626A.26; 626A.32; 626A.33; 626A.35; 626A.391; and 626A.40, are 
663.3   repealed. 
663.4      (b) Minnesota Statutes 1996, chapters 152; 609; 611A; 617; 
663.5   and 624, are repealed. 
663.6      Sec. 4.  [EFFECTIVE DATE.] 
663.7      Articles 1 to 19 are effective January 1, 1998, and apply 
663.8   to crimes committed on or after that date.