SF 1709

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; enhancing penalties to the felony 
  1.3             level for second or subsequent indecent exposure and 
  1.4             interference with privacy offenses; amending Minnesota 
  1.5             Statutes 2002, sections 609.746, subdivision 1; 
  1.6             617.23, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 609.746, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
  1.11  DEVICE.] (a) A person is guilty of a misdemeanor who: 
  1.12     (1) enters upon another's property; 
  1.13     (2) surreptitiously gazes, stares, or peeps in the window 
  1.14  or any other aperture of a house or place of dwelling of 
  1.15  another; and 
  1.16     (3) does so with intent to intrude upon or interfere with 
  1.17  the privacy of a member of the household. 
  1.18     (b) A person is guilty of a misdemeanor who: 
  1.19     (1) enters upon another's property; 
  1.20     (2) surreptitiously installs or uses any device for 
  1.21  observing, photographing, recording, amplifying, or broadcasting 
  1.22  sounds or events through the window or any other aperture of a 
  1.23  house or place of dwelling of another; and 
  1.24     (3) does so with intent to intrude upon or interfere with 
  1.25  the privacy of a member of the household. 
  1.26     (c) A person is guilty of a misdemeanor who: 
  2.1      (1) surreptitiously gazes, stares, or peeps in the window 
  2.2   or other aperture of a sleeping room in a hotel, as defined in 
  2.3   section 327.70, subdivision 3, a tanning booth, or other place 
  2.4   where a reasonable person would have an expectation of privacy 
  2.5   and has exposed or is likely to expose their intimate parts, as 
  2.6   defined in section 609.341, subdivision 5, or the clothing 
  2.7   covering the immediate area of the intimate parts; and 
  2.8      (2) does so with intent to intrude upon or interfere with 
  2.9   the privacy of the occupant. 
  2.10     (d) A person is guilty of a misdemeanor who: 
  2.11     (1) surreptitiously installs or uses any device for 
  2.12  observing, photographing, recording, amplifying, or broadcasting 
  2.13  sounds or events through the window or other aperture of a 
  2.14  sleeping room in a hotel, as defined in section 327.70, 
  2.15  subdivision 3, a tanning booth, or other place where a 
  2.16  reasonable person would have an expectation of privacy and has 
  2.17  exposed or is likely to expose their intimate parts, as defined 
  2.18  in section 609.341, subdivision 5, or the clothing covering the 
  2.19  immediate area of the intimate parts; and 
  2.20     (2) does so with intent to intrude upon or interfere with 
  2.21  the privacy of the occupant. 
  2.22     (e) A person is guilty of a gross misdemeanor if the person:
  2.23     (1) violates this subdivision after a previous conviction 
  2.24  under this subdivision or section 609.749; or 
  2.25     (2) violates this subdivision against a minor under the age 
  2.26  of 16, knowing or having reason to know that the minor is 
  2.27  present. 
  2.28     (f) Paragraphs (b) and (d) do not apply to law enforcement 
  2.29  officers or corrections investigators, or to those acting under 
  2.30  their direction, while engaged in the performance of their 
  2.31  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
  2.32  in:  (1) a medical facility; or (2) a commercial establishment 
  2.33  if the owner of the establishment has posted conspicuous signs 
  2.34  warning that the premises are under surveillance by the owner or 
  2.35  the owner's employees. 
  2.36     (g) A person is guilty of a felony if the person violates 
  3.1   this subdivision after two or more previous convictions under 
  3.2   this subdivision. 
  3.3      Sec. 2.  Minnesota Statutes 2002, section 617.23, 
  3.4   subdivision 3, is amended to read: 
  3.5      Subd. 3.  [FELONY.] A person is guilty of a felony and may 
  3.6   be sentenced to imprisonment for not more than five years or to 
  3.7   payment of a fine of not more than $10,000, or both, if: 
  3.8      (1) the person violates subdivision 2, clause (1), after 
  3.9   having been previously convicted of or adjudicated delinquent 
  3.10  for violating subdivision 2, clause (1); section 609.3451, 
  3.11  subdivision 1, clause (2); or a statute from another state in 
  3.12  conformity with subdivision 2, clause (1), or section 609.3451, 
  3.13  subdivision 1, clause (2); or 
  3.14     (2) the person commits a violation of subdivision 1, clause 
  3.15  (1), in the presence of another person while intentionally 
  3.16  confining that person or otherwise intentionally restricting 
  3.17  that person's freedom to move; or 
  3.18     (3) the person violates subdivision 1 after two or more 
  3.19  convictions under this subdivision. 
  3.20     Sec. 3.  [EFFECTIVE DATE.] 
  3.21     Sections 1 and 2 are effective August 1, 2004, and apply to 
  3.22  crimes committed on or after that date.  However, convictions 
  3.23  occurring before August 1, 2004, are considered qualified as a 
  3.24  prior conviction for purposes of section 1 and 2.