Minnesota Legislature
SF 1032
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/13/2015 08:26am
Current Version - 1st Engrossment
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A bill for an act
relating to public safety; establishing a new arson offense; amending Minnesota
Statutes 2014, sections 609.564; 609.5641, subdivision 1a; proposing coding for
new law in Minnesota Statutes, chapter 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[609.5634] REAL OR PERSONAL PROPERTY ARSON RESULTING
IN BODILY HARM.
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new text begin Subdivision 1. new text end
new text begin Penalty; felony. new text end
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Whoever unlawfully by means of fire or explosives,
intentionally sets fire to or burns any real or personal property and the fire or explosion
proximately causes bodily harm to any person, including a public safety officer performing
official duties, who is not a participant in the crime, is guilty of a crime and may be
sentenced as follows:
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(1) if the injury results in great bodily harm, to imprisonment for not more than 20
years or to payment of a fine of not more than $20,000, or both;
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(2) if the injury results in substantial bodily harm, to imprisonment for not more than
ten years or to payment of a fine of not more than $15,000, or both; and
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(3) if the injury results in demonstrable bodily harm, to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both.
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) As used in this section, "personal property" does not
include items where fire is involved in its normally intended use or repair, such as the wick
of a candle, solder or flux in the act of welding, or logs in a campfire.
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(b) As used in this section, "public safety officer" has the meaning given in section
299A.41, subdivision 4.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
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Sec. 2.
Minnesota Statutes 2014, section 609.564, is amended to read:
609.564 EXCLUDED FIRES.
A person does not violate section 609.561, 609.562, 609.563, new text begin 609.5634, new text end or 609.5641
if the person sets a fire pursuant to a validly issued license or permit or with written
permission from the fire department of the jurisdiction where the fire occurs.
new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
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Sec. 3.
Minnesota Statutes 2014, section 609.5641, subdivision 1a, is amended to read:
Subd. 1a.
Penalty; felonies.
(a) Except as provided in paragraphs (b), (c), and (d), a
person who violates subdivision 1 may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
(b) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of five buildings or dwellings, burns 500 acres or more, or damages
crops in excess of $100,000, may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $15,000, or both.
(c) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages
crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years
or to payment of a fine of not more than $25,000, or both.
(d) A person who violates subdivision 1 where the fire causes another person to
suffer deleted text begin demonstrabledeleted text end bodily harm may be sentenced deleted text begin to imprisonment for not more than
ten years or to payment of a fine of $15,000, or bothdeleted text end new text begin as provided in section 609.5634,
subdivision 1, clauses (1) to (3)new text end .
(e) For purposes of this section, a building or dwelling is threatened when there is a
probability of damage to the building or dwelling requiring evacuation for safety of life.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
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