SF 2182

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; clarifying and updating the 
  1.3             language of the harassment statutes; amending 
  1.4             Minnesota Statutes 1996, section 609.795; Minnesota 
  1.5             Statutes 1997 Supplement, section 609.749, subdivision 
  1.6             2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.9   609.749, subdivision 2, is amended to read: 
  1.10     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
  1.11  who harasses another by committing any of the following acts is 
  1.12  guilty of a gross misdemeanor: 
  1.13     (1) directly or indirectly manifests a purpose or intent to 
  1.14  injure the person, property, or rights of another by the 
  1.15  commission of an unlawful act; 
  1.16     (2) stalks, follows, or pursues another; 
  1.17     (3) returns to the property of another if the actor is 
  1.18  without claim of right to the property or consent of one with 
  1.19  authority to consent; 
  1.20     (4) repeatedly makes telephone calls, or induces a victim 
  1.21  to make telephone calls to the actor, whether or not 
  1.22  conversation ensues; 
  1.23     (5) makes or causes the telephone of another repeatedly or 
  1.24  continuously to ring; or 
  1.25     (6) repeatedly mails, faxes, or otherwise delivers or 
  1.26  causes the delivery of letters, telegrams, messages, packages, 
  2.1   or other objects; or.  
  2.2      (7) engages in any other harassing conduct that interferes 
  2.3   with another person or intrudes on the person's privacy or 
  2.4   liberty. 
  2.5      (b) The conduct described in paragraph (a), clauses (4) and 
  2.6   (5), may be prosecuted at the place where any call is either 
  2.7   made or received.  The conduct described in paragraph (a), 
  2.8   clause (6), may be prosecuted where any letter, telegram, 
  2.9   message, package, or other object is either sent or received. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 609.795, is 
  2.11  amended to read: 
  2.12     609.795 [LETTER, TELEGRAM, MESSAGE, OR PACKAGE; OPENING; 
  2.13  HARASSMENT.] 
  2.14     Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
  2.15  following is guilty of a misdemeanor: 
  2.16     (1) knowing that the actor does not have the consent of 
  2.17  either the sender or the addressee, intentionally opens any 
  2.18  sealed letter, telegram, or package addressed to another; or 
  2.19     (2) knowing that a sealed letter, telegram, or package has 
  2.20  been opened without the consent of either the sender or 
  2.21  addressee, intentionally publishes any of the its contents 
  2.22  thereof; or 
  2.23     (3) with the intent to abuse, disturb, or cause distress, 
  2.24  repeatedly uses the mails, faxes, or otherwise delivers or 
  2.25  causes the delivery of letters, telegrams, messages, or packages.
  2.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.27     Sections 1 and 2 are effective August 1, 1998, and apply to 
  2.28  crimes committed on or after that date.