SF 498

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; defining the crime of soliciting a 
  1.3             minor to join a criminal gang; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 609. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [609.2295] [SOLICITATION OF A MINOR TO JOIN A 
  1.7   CRIMINAL GANG.] 
  1.8      Subdivision 1.  [CRIME.] A person is guilty of a crime and 
  1.9   may be sentenced as provided in subdivision 2 if the person 
  1.10  solicits or conspires with a minor to join a criminal gang. 
  1.11     Subd. 2.  [SENTENCE.] (a) A person who violates subdivision 
  1.12  1 is guilty of a gross misdemeanor and may be sentenced to 
  1.13  imprisonment for not more than one year or to payment of a fine 
  1.14  of not more than $3,000, or both. 
  1.15     (b) A person who violates subdivision 1 is guilty of a 
  1.16  felony and may be sentenced to imprisonment for not more than 
  1.17  three years or to payment of a fine of not more than $10,000, or 
  1.18  both, if the person solicits or conspires with a minor to join a 
  1.19  criminal gang in a school zone. 
  1.20     Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
  1.21  following terms have the meanings given them: 
  1.22     (1) "solicit" means to command, entreat, or attempt to 
  1.23  persuade a specific person; 
  1.24     (2) "criminal gang" has the meaning given in section 
  1.25  609.229, subdivision 1; 
  2.1      (3) "school zone" has the meaning given in section 152.01. 
  2.2      Sec. 2.  [EFFECTIVE DATE.] 
  2.3      Section 1 is effective August 1, 2003, and applies to 
  2.4   crimes committed on or after that date.