SF 1139

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; making it a crime for a gang
member to commit a crime against a child; imposing
criminal penalties; amending Minnesota Statutes 2004,
section 609.229, subdivision 3, and by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.229,
subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) If the crime committed in
violation of subdivision 2 new text begin or 5 new text end is a felony, the statutory
maximum for the crime is five years longer than the statutory
maximum for the underlying crime.

(b) If the crime committed in violation of subdivision 2 new text begin or
5 new text end is a misdemeanor, the person is guilty of a gross misdemeanor.

(c) If the crime committed in violation of subdivision 2 new text begin or
5 new text end is a gross misdemeanor, the person is guilty of a felony and
may be sentenced to imprisonment for not more than three years
or to payment of a fine of not more than $15,000, or both.

Sec. 2.

Minnesota Statutes 2004, section 609.229, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Gang member; crime against a child. new text end

new text begin (a) For
purposes of this subdivision, "child" means an individual under
18 years of age.
new text end

new text begin (b) A person who is a member of a gang who commits a crime
against a child is guilty of a crime and may be sentenced as
provided in subdivision 3.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end