SF 1177

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; reclassifying the 
  1.3             monetary thresholds for certain criminal offenses; 
  1.4             amending Minnesota Statutes 2002, sections 609.52, 
  1.5             subdivision 3; 609.535, subdivision 2a; 609.595; 
  1.6             609.615; 609.631, subdivision 4; 609.893, subdivision 
  1.7             3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 609.52, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  1.12  sentenced as follows: 
  1.13     (1) to imprisonment for not more than 20 years or to 
  1.14  payment of a fine of not more than $100,000, or both, if the 
  1.15  property is a firearm, or the value of the property or services 
  1.16  stolen is more than $35,000 and the conviction is for a 
  1.17  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  1.18     (2) to imprisonment for not more than ten years or to 
  1.19  payment of a fine of not more than $20,000, or both, if the 
  1.20  value of the property or services stolen exceeds $2,500 $7,500, 
  1.21  or if the property stolen was an article representing a trade 
  1.22  secret, an explosive or incendiary device, or a controlled 
  1.23  substance listed in schedule I or II pursuant to section 152.02 
  1.24  with the exception of marijuana; or 
  1.25     (3) to imprisonment for not more than five years or to 
  1.26  payment of a fine of not more than $10,000, or both, if: 
  2.1      (a) the value of the property or services stolen is more 
  2.2   than $500 $2,000 but not more than $2,500 $7,500; or 
  2.3      (b) the property stolen was a controlled substance listed 
  2.4   in schedule III, IV, or V pursuant to section 152.02; or 
  2.5      (c) the value of the property or services stolen is more 
  2.6   than $250 $500 but not more than $500 $2,000 and the person has 
  2.7   been convicted within the preceding five years for an offense 
  2.8   under this section, section 256.98; 268.182; 609.24; 609.245; 
  2.9   609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 
  2.10  609.631; or 609.821, or a statute from another state, the United 
  2.11  States, or a foreign jurisdiction, in conformity with any of 
  2.12  those sections, and the person received a felony or gross 
  2.13  misdemeanor sentence for the offense, or a sentence that was 
  2.14  stayed under section 609.135 if the offense to which a plea was 
  2.15  entered would allow imposition of a felony or gross misdemeanor 
  2.16  sentence; or 
  2.17     (d) the value of the property or services stolen is not 
  2.18  more than $500 $2,000, and any of the following circumstances 
  2.19  exist: 
  2.20     (i) the property is taken from the person of another or 
  2.21  from a corpse, or grave or coffin containing a corpse; or 
  2.22     (ii) the property is a record of a court or officer, or a 
  2.23  writing, instrument or record kept, filed or deposited according 
  2.24  to law with or in the keeping of any public officer or office; 
  2.25  or 
  2.26     (iii) the property is taken from a burning, abandoned, or 
  2.27  vacant building or upon its removal therefrom, or from an area 
  2.28  of destruction caused by civil disaster, riot, bombing, or the 
  2.29  proximity of battle; or 
  2.30     (iv) the property consists of public funds belonging to the 
  2.31  state or to any political subdivision or agency thereof; or 
  2.32     (v) the property stolen is a motor vehicle; or 
  2.33     (4) to imprisonment for not more than one year or to 
  2.34  payment of a fine of not more than $3,000, or both, if the value 
  2.35  of the property or services stolen is more than $250 $500 but 
  2.36  not more than $500 $2,000; or 
  3.1      (5) in all other cases where the value of the property or 
  3.2   services stolen is $250 $500 or less, to imprisonment for not 
  3.3   more than 90 days or to payment of a fine of not more 
  3.4   than $700 $1,000, or both, provided, however, in any prosecution 
  3.5   under subdivision 2, clauses (1), (2), (3), (4), and (13), the 
  3.6   value of the money or property or services received by the 
  3.7   defendant in violation of any one or more of the above 
  3.8   provisions within any six-month period may be aggregated and the 
  3.9   defendant charged accordingly in applying the provisions of this 
  3.10  subdivision; provided that when two or more offenses are 
  3.11  committed by the same person in two or more counties, the 
  3.12  accused may be prosecuted in any county in which one of the 
  3.13  offenses was committed for all of the offenses aggregated under 
  3.14  this paragraph. 
  3.15     Sec. 2.  Minnesota Statutes 2002, section 609.535, 
  3.16  subdivision 2a, is amended to read: 
  3.17     Subd. 2a.  [PENALTIES.] (a) A person who is convicted of 
  3.18  issuing a dishonored check under subdivision 2 may be sentenced 
  3.19  as follows: 
  3.20     (1) to imprisonment for not more than five years or to 
  3.21  payment of a fine of not more than $10,000, or both, if the 
  3.22  value of the dishonored check, or checks aggregated under 
  3.23  paragraph (b), is more than $500 $2,000; 
  3.24     (2) to imprisonment for not more than one year or to 
  3.25  payment of a fine of not more than $3,000, or both, if the value 
  3.26  of the dishonored check, or checks aggregated under paragraph 
  3.27  (b), is more than $250 $500 but not more than $500 $2,000; or 
  3.28     (3) to imprisonment for not more than 90 days or to payment 
  3.29  of a fine of not more than $700 $1,000, or both, if the value of 
  3.30  the dishonored check, or checks aggregated under paragraph (b), 
  3.31  is not more than $250 $500.  
  3.32     (b) In a prosecution under this subdivision, the value of 
  3.33  dishonored checks issued by the defendant in violation of this 
  3.34  subdivision within any six-month period may be aggregated and 
  3.35  the defendant charged accordingly in applying this section.  
  3.36  When two or more offenses are committed by the same person in 
  4.1   two or more counties, the accused may be prosecuted in any 
  4.2   county in which one of the dishonored checks was issued for all 
  4.3   of the offenses aggregated under this paragraph. 
  4.4      Sec. 3.  Minnesota Statutes 2002, section 609.595, is 
  4.5   amended to read: 
  4.6      609.595 [DAMAGE TO PROPERTY.] 
  4.7      Subdivision 1.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 
  4.8   DEGREE.] Whoever intentionally causes damage to physical 
  4.9   property of another without the latter's consent may be 
  4.10  sentenced to imprisonment for not more than five years or to 
  4.11  payment of a fine of not more than $10,000, or both, if:  
  4.12     (1) the damage to the property caused a reasonably 
  4.13  foreseeable risk of bodily harm; or 
  4.14     (2) the property damaged belongs to a common carrier and 
  4.15  the damage impairs the service to the public rendered by the 
  4.16  carrier; or 
  4.17     (3) the damage reduces the value of the property by more 
  4.18  than $500 $2,000 measured by the cost of repair and replacement; 
  4.19  or 
  4.20     (4) the damage reduces the value of the property by more 
  4.21  than $250 $500 measured by the cost of repair and replacement 
  4.22  and the defendant has been convicted within the preceding three 
  4.23  years of an offense under this subdivision or subdivision 2. 
  4.24     In any prosecution under clause (3), the value of any 
  4.25  property damaged by the defendant in violation of that clause 
  4.26  within any six-month period may be aggregated and the defendant 
  4.27  charged accordingly in applying the provisions of this section; 
  4.28  provided that when two or more offenses are committed by the 
  4.29  same person in two or more counties, the accused may be 
  4.30  prosecuted in any county in which one of the offenses was 
  4.31  committed for all of the offenses aggregated under this 
  4.32  paragraph.  
  4.33     Subd. 1a.  [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND 
  4.34  DEGREE.] (a) Whoever intentionally causes damage described in 
  4.35  subdivision 2, paragraph (a), to another person's physical 
  4.36  property without the other person's consent because of the 
  5.1   property owner's or another's actual or perceived race, color, 
  5.2   religion, sex, sexual orientation, disability as defined in 
  5.3   section 363.01, age, or national origin is guilty of a felony 
  5.4   and may be sentenced to imprisonment for not more than one year 
  5.5   and a day or to payment of a fine of not more than $3,000, or 
  5.6   both, if the damage reduces the value of the property by more 
  5.7   than $500 as measured by the cost of repair and replacement. 
  5.8      (b) In any prosecution under paragraph (a), the value of 
  5.9   property damaged by the defendant in violation of that paragraph 
  5.10  within any six-month period may be aggregated and the defendant 
  5.11  charged accordingly in applying this section.  When two or more 
  5.12  offenses are committed by the same person in two or more 
  5.13  counties, the accused may be prosecuted in any county in which 
  5.14  one of the offenses was committed for all of the offenses 
  5.15  aggregated under this paragraph. 
  5.16     Subd. 2.  [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD 
  5.17  DEGREE.] (a) Except as otherwise provided in subdivision 1a, 
  5.18  Whoever intentionally causes damage to another person's physical 
  5.19  property without the other person's consent may be sentenced to 
  5.20  imprisonment for not more than one year or to payment of a fine 
  5.21  of not more than $3,000, or both, if the damage reduces the 
  5.22  value of the property by more than $250 $500 but not more than 
  5.23  $500 $2,000 as measured by the cost of repair and replacement. 
  5.24     (b) Whoever intentionally causes damage to another person's 
  5.25  physical property without the other person's consent because of 
  5.26  the property owner's or another's actual or perceived race, 
  5.27  color, religion, sex, sexual orientation, disability as defined 
  5.28  in section 363.01, age, or national origin may be sentenced to 
  5.29  imprisonment for not more than one year or to payment of a fine 
  5.30  of not more than $3,000, or both, if the damage reduces the 
  5.31  value of the property by not more than $250 $500 as measured by 
  5.32  the cost of repair and replacement. 
  5.33     (c) In any prosecution under paragraph (a), the value of 
  5.34  property damaged by the defendant in violation of that paragraph 
  5.35  within any six-month period may be aggregated and the defendant 
  5.36  charged accordingly in applying this section.  When two or more 
  6.1   offenses are committed by the same person in two or more 
  6.2   counties, the accused may be prosecuted in any county in which 
  6.3   one of the offenses was committed for all of the offenses 
  6.4   aggregated under this paragraph. 
  6.5      Subd. 3.  [CRIMINAL DAMAGE TO PROPERTY IN THE FOURTH 
  6.6   DEGREE.] (a) Whoever intentionally causes damage described in 
  6.7   subdivision 2 under any other circumstances to another person's 
  6.8   physical property without the other person's consent is guilty 
  6.9   of a misdemeanor if the damage reduces the value of the property 
  6.10  by not more than $500 as measured by the cost of repair and 
  6.11  replacement.  
  6.12     (b) In any prosecution under paragraph (a), the value of 
  6.13  property damaged by the defendant in violation of that paragraph 
  6.14  within any six-month period may be aggregated and the defendant 
  6.15  charged accordingly in applying this section.  When two or more 
  6.16  offenses are committed by the same person in two or more 
  6.17  counties, the accused may be prosecuted in any county in which 
  6.18  one of the offenses was committed for all of the offenses 
  6.19  aggregated under this paragraph. 
  6.20     Sec. 4.  Minnesota Statutes 2002, section 609.615, is 
  6.21  amended to read: 
  6.22     609.615 [DEFEATING SECURITY ON REALTY.] 
  6.23     Whoever removes or damages real property which is subject 
  6.24  to a mortgage, mechanic's lien, or contract for deed, including 
  6.25  during the period of time allowed for redemption, with intent to 
  6.26  impair the value of the property, without the consent of the 
  6.27  security holder, may be sentenced as follows: 
  6.28     (1) if the value of the property is impaired by $300 $500 
  6.29  or less, to imprisonment for not more than 90 days or to payment 
  6.30  of a fine of not more than $700, or both; or 
  6.31     (2) if the value of the property is impaired by more than 
  6.32  $300 $500, to imprisonment for not more than five years or to 
  6.33  payment of a fine of not more than $10,000, or both. 
  6.34     Sec. 5.  Minnesota Statutes 2002, section 609.631, 
  6.35  subdivision 4, is amended to read: 
  6.36     Subd. 4.  [SENTENCING.] A person who is convicted under 
  7.1   subdivision 2 or 3 may be sentenced as follows: 
  7.2      (1) to imprisonment for not more than 20 years or to 
  7.3   payment of a fine of not more than $100,000, or both, if the 
  7.4   forged check or checks are used to obtain or in an attempt to 
  7.5   obtain, property or services of more than $35,000 or the 
  7.6   aggregate amount of the forged check or checks is more than 
  7.7   $35,000; 
  7.8      (2) to imprisonment for not more than ten years or to 
  7.9   payment of a fine of not more than $20,000, or both, if the 
  7.10  forged check or checks are used to obtain or in an attempt to 
  7.11  obtain, property or services of more than $2,500 $7,500 or the 
  7.12  aggregate amount of the forged check or checks is more than 
  7.13  $2,500 $7,500; 
  7.14     (3) to imprisonment for not more than five years or to 
  7.15  payment of a fine of not more than $10,000, or both, if: 
  7.16     (a) the forged check or checks are used to obtain or in an 
  7.17  attempt to obtain, property or services of more than $250 $2,000 
  7.18  but not more than $2,500 $7,500, or the aggregate face amount of 
  7.19  the forged check or checks is more than $250 $2,000 but not more 
  7.20  than $2,500 $7,500; or 
  7.21     (b) the forged check or checks are used to obtain or in an 
  7.22  attempt to obtain, property or services of no more 
  7.23  than $250 $2,000, or have an aggregate face value of no more 
  7.24  than $250 $2,000, and the person has been convicted within the 
  7.25  preceding five years for an offense under this section, section 
  7.26  609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 
  7.27  3; 609.625; 609.63; or 609.821, or a statute from another state 
  7.28  in conformity with any of those sections, and the person 
  7.29  received a felony or gross misdemeanor sentence for the offense, 
  7.30  or a sentence that was stayed under section 609.135 if the 
  7.31  offense to which a plea was entered would allow imposition of a 
  7.32  felony or gross misdemeanor sentence; and 
  7.33     (4) to imprisonment for not more than one year or to 
  7.34  payment of a fine of not more than $3,000, or both, if the 
  7.35  forged check or checks are used to obtain or in an attempt to 
  7.36  obtain, property or services of no more than $250 $2,000, or the 
  8.1   aggregate face amount of the forged check or checks is no more 
  8.2   than $250 $2,000. 
  8.3      In any prosecution under this subdivision, the value of the 
  8.4   checks forged or offered by the defendant in violation of this 
  8.5   subdivision within any six-month period may be aggregated and 
  8.6   the defendant charged accordingly in applying the provisions of 
  8.7   this section.  When two or more offenses are committed by the 
  8.8   same person in two or more counties, the accused may be 
  8.9   prosecuted in any county in which one of the checks was forged 
  8.10  or offered for all of the offenses aggregated under this 
  8.11  paragraph. 
  8.12     Sec. 6.  Minnesota Statutes 2002, section 609.893, 
  8.13  subdivision 3, is amended to read: 
  8.14     Subd. 3.  [FRAUD.] (a) Whoever commits telecommunications 
  8.15  and information services fraud in violation of subdivision 1 may 
  8.16  be sentenced as follows: 
  8.17     (1) to imprisonment for not more than ten years or to 
  8.18  payment of a fine of not more than $20,000, or both, if the 
  8.19  value of the services is in excess of $2,500 $7,500; 
  8.20     (2) to imprisonment for not more than five years or to 
  8.21  payment of a fine of not more than $10,000, or both, if the 
  8.22  value of the services is more than $500 $2,000 but not more than 
  8.23  $2,500 $7,500; or 
  8.24     (3) in all other cases, to imprisonment for not more than 
  8.25  90 days or to payment of a fine of not more than $700, or both. 
  8.26     (b) Amounts involved in a violation of paragraph (a) under 
  8.27  one scheme or course of conduct, whether from the same credit 
  8.28  card number or several credit card numbers, may be aggregated in 
  8.29  determining the classification of the offense. 
  8.30     Sec. 7.  [EFFECTIVE DATE.] 
  8.31     Sections 1 to 6 are effective August 1, 2003, and apply to 
  8.32  crimes committed on or after that date.