Minnesota Legislature
SF 2153
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 08:55am
Current Version - as introduced
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A bill for an act
relating to public safety; providing enhanced penalties for making emergency calls
to harass, hinder, intrude upon, or interfere with another person; amending
Minnesota Statutes 2020, section 609.78.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 609.78, is amended to read:
609.78 EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.
Subdivision 1.
Misdemeanor offenses.
Whoever does the following is guilty of a
misdemeanor:
(1) refuses to relinquish immediately a coin-operated telephone or a telephone line
consisting of two or more stations when informed that the line is needed to make an
emergency call;
(2) secures a relinquishment of a coin-operated telephone or a telephone line consisting
of two or more stations by falsely stating that the line is needed for an emergency;
(3) publishes telephone directories to be used for telephones or telephone lines and the
directories do not contain a copy of this section;
(4) makes a call for emergency police, fire, medical, or ambulance service, knowing
that no police, fire, or medical emergency exists;
(5) interrupts, disrupts, impedes, or otherwise interferes with the transmission of a
citizen's band radio channel communication the purpose of which is to inform or inquire
about a medical emergency or an emergency in which property is or is reasonably believed
to be in imminent danger of damage or destruction; or
(6) makes or initiates an emergency call, knowing that no emergency exists, and with
the intent to disrupt, interfere with, or reduce the provision of emergency services or the
emergency call center's resources, remains silent, or makes abusive or harassing statements
to the call recipient.
Subd. 2.
Gross misdemeanor offenses.
Whoever does the following is guilty of a gross
misdemeanor:
(1) intentionally interrupts, disrupts, impedes, or interferes with an emergency call or
who intentionally prevents or hinders another from placing an emergency call, and whose
conduct does not result in a violation of section 609.498;
(2) places an emergency call and reports a fictitious emergency with the intent of
prompting an emergency response by law enforcement, fire, or emergency medical services
personnel; or
(3) violates subdivision 1, clause (6), after having been previously convicted or
adjudicated delinquent for violating that clause.
Subd. 2a.
Felony offense; reporting fictitious emergency resulting in serious
injury.
Whoever deleted text begin violates subdivision 2, clause (2),deleted text end new text begin does the following new text end is guilty of a felony
and may be sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or bothdeleted text begin ,deleted text end new text begin :
new text end
new text begin (1) violates subdivision 2, clause (2), andnew text end if the call triggers an emergency response and,
as a result of the response, someone suffers great bodily harm or deathdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) makes an emergency call exaggerating the emergency or embellishing the call with
the intent to harass, hinder, intrude upon, or otherwise interfere with another person because
of the person's actual or perceived race, color, religion, sex, sexual orientation, disability
as defined in section 363A.03, age, or national origin, by prompting an immediate and
heightened emergency law enforcement, fire, medical, or ambulance service response.
new text end
Subd. 2b.
Other felony offenses.
Whoever does the following is guilty of a felony and
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:
(1) violates subdivision 1, clause (6), after having been previously convicted or
adjudicated delinquent for violating that clause on more than one occasion; deleted text begin or
deleted text end
(2) intentionally uses multiple communications devices or electronic means to block,
interfere with, overload, or otherwise prevent the emergency call center's system from
functioning properly, and these actions make the system unavailable to someone needing
emergency assistancedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) makes an emergency call exaggerating the emergency or embellishing the call with
the intent to harass, hinder, intrude upon, or otherwise interfere with another person by
prompting an immediate and heightened emergency law enforcement, fire, medical, or
ambulance service response.
new text end
Subd. 3.
Definition.
(a) Except as provided in paragraph (b), for purposes of this section,
"emergency call" means:
(1) a 911 call;
(2) any call for emergency medical or ambulance service; or
(3) any call for assistance from a police or fire department or for other assistance needed
in an emergency to avoid serious harm to person or property,
and an emergency exists.
(b) As used in subdivisions 1, clause (6); 2, clause (2); deleted text begin anddeleted text end 2anew text begin ; and 2b, clause (3)new text end :
(1) "call" includes the use of any method of communication including, but not limited
to: telephones, facsimiles, Voice over Internet Protocols, e-mail messages, text messages,
and electronic transmissions of an image or video; and
(2) "emergency call" has the meaning given in paragraph (a) but does not require the
existence of an emergency.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end