SF 1156

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

A bill for an act
relating to crimes; defining coercion for purposes of
the criminal sexual conduct law to include use of
physical confinement or strength to submit the
complainant to unlawful sexual conduct; authorizing
stepparents to assist a minor in seeking a restraining
order; waiving fees for sexual assault victims to
obtain a restraining order; modifying laws prohibiting
harassing behavior by including new forms of
technology used by stalkers to harass victims to be
included within the prohibitions of the law; amending
Minnesota Statutes 2004, sections 609.341, subdivision
14; 609.748, subdivisions 2, 3a; 609.749, subdivision
2; 609.79, subdivision 2; 609.795, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2004, section 609.341,
subdivision 14, is amended to read:

Subd. 14.

Coercion.

"Coercion" means new text begin the use by the
actor of new text end words or circumstances that cause the complainant
reasonably to fear that the actor will inflict bodily harm upon deleted text begin ,
or hold in confinement, deleted text end the complainant or another, or deleted text begin force deleted text end new text begin the
use by the actor of confinement, or superior size or strength,
against the complainant that causes new text end the complainant to submit to
sexual penetration or contact deleted text begin , but deleted text end new text begin against the complainant's
will. new text end Proof of coercion does not require proof of a specific
act or threat.

Sec. 2.

Minnesota Statutes 2004, section 609.748,
subdivision 2, is amended to read:

Subd. 2.

Restraining order; jurisdiction.

A person who
is a victim of harassment may seek a restraining order from the
district court in the manner provided in this section. The
parent deleted text begin or deleted text end new text begin , new text end guardian new text begin , or stepparent new text end of a minor who is a victim of
harassment may seek a restraining order from the district court
on behalf of the minor.

Sec. 3.

Minnesota Statutes 2004, section 609.748,
subdivision 3a, is amended to read:

Subd. 3a.

Filing fee; cost of service.

The filing fees
for a restraining order under this section are waived for the
petitioner if the petition alleges acts that would constitute a
violation of section 609.749, subdivision 2 or 3 new text begin , or sections
609.342 to 609.3451 new text end . The court administrator and the sheriff of
any county in this state shall perform their duties relating to
service of process without charge to the petitioner. The court
shall direct payment of the reasonable costs of service of
process if served by a private process server when the sheriff
is unavailable or if service is made by publication. The court
may direct a respondent to pay to the court administrator the
petitioner's filing fees and reasonable costs of service of
process if the court determines that the respondent has the
ability to pay the petitioner's fees and costs.

Sec. 4.

Minnesota Statutes 2004, section 609.749,
subdivision 2, is amended to read:

Subd. 2.

Harassment and stalking crimes.

(a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;

(2) stalks, follows, new text begin monitors, new text end or pursues another new text begin , whether
in person or through technological or other means new text end ;

(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;

(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;

(5) makes or causes the telephone of another repeatedly or
continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by
any means, including electronically, of letters, telegrams,
messages, packages, or other objects; or

(7) knowingly makes false allegations against a peace
officer concerning the officer's performance of official duties
with intent to influence or tamper with the officer's
performance of official duties.

(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received new text begin or, additionally in the case of wireless or
electronic communication, where the actor or victim resides.
The conduct described in paragraph (a), clause (2), may be
prosecuted where the actor or victim resides new text end . The conduct
described in paragraph (a), clause (6), may be prosecuted where
any letter, telegram, message, package, or other object is
either sent or received new text begin or, additionally in the case of wireless
or electronic communication, where the actor or victim resides new text end .

(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause
(7).

Sec. 5.

Minnesota Statutes 2004, section 609.79,
subdivision 2, is amended to read:

Subd. 2.

Venue.

The offense may be prosecuted either at
the place where the call is made or where it is received new text begin or,
additionally in the case of wireless or electronic
communication, where the sender or receiver resides new text end .

Sec. 6.

Minnesota Statutes 2004, section 609.795, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Venue. new text end

new text begin The offense may be prosecuted either at
the place where the letter, telegram, or package is sent or
received or, alternatively in the case of wireless electronic
communication, where the sender or receiver resides.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end