SF 2238

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; making it a felony to commit 
  1.3             indecent exposure while confining or restraining 
  1.4             another person; requiring persons convicted of this 
  1.5             offense to register under the Sex Offender 
  1.6             Registration Act and to provide a DNA sample at the 
  1.7             time of conviction or release from incarceration; 
  1.8             amending Minnesota Statutes 1996, sections 243.166, 
  1.9             subdivision 1; 609.3451, subdivision 3; 609.3461, 
  1.10            subdivisions 1 and 2; and 617.23. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 243.166, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.15  register under this section if:  
  1.16     (1) the person was charged with or petitioned for a felony 
  1.17  violation of or attempt to violate any of the following, and 
  1.18  convicted of or adjudicated delinquent for that offense or 
  1.19  another offense arising out of the same set of circumstances: 
  1.20     (i) murder under section 609.185, clause (2); 
  1.21     (ii) kidnapping under section 609.25, involving a minor 
  1.22  victim; or 
  1.23     (iii) criminal sexual conduct under section 609.342; 
  1.24  609.343; 609.344; or 609.345; or 
  1.25     (2) the person was charged with or petitioned for using a 
  1.26  minor in a sexual performance in violation of section 617.246, 
  1.27  or possessing pictorial representations of minors in violation 
  1.28  of section 617.247, or engaging in indecent exposure in 
  2.1   violation of section 617.23, subdivision 3, clause (2), and 
  2.2   convicted of or adjudicated delinquent for that offense or 
  2.3   another offense arising out of the same set of circumstances; or 
  2.4      (3) the person was convicted of a predatory crime as 
  2.5   defined in section 609.1352, and the offender was sentenced as a 
  2.6   patterned sex offender or the court found on its own motion or 
  2.7   that of the prosecutor that the crime was part of a predatory 
  2.8   pattern of behavior that had criminal sexual conduct as its 
  2.9   goal; or 
  2.10     (4) the person was convicted of or adjudicated delinquent 
  2.11  for violating a law of the United States similar to the offenses 
  2.12  described in clause (1), (2), or (3). 
  2.13     (b) A person also shall register under this section if: 
  2.14     (1) the person was convicted of or adjudicated delinquent 
  2.15  in another state for an offense that would be a violation of a 
  2.16  law described in paragraph (a) if committed in this state; 
  2.17     (2) the person enters and remains in this state for 30 days 
  2.18  or longer; and 
  2.19     (3) ten years have not elapsed since the person was 
  2.20  released from confinement or, if the person was not confined, 
  2.21  since the person was convicted of or adjudicated delinquent for 
  2.22  the offense that triggers registration.  
  2.23     (c) A person also shall register under this section if the 
  2.24  person was committed pursuant to a court commitment order under 
  2.25  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  2.26  regardless of whether the person was convicted of any offense. 
  2.27     Sec. 2.  Minnesota Statutes 1996, section 609.3451, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
  2.30  be sentenced to imprisonment for not more than five years or to 
  2.31  payment of a fine of not more than $10,000, or both, if the 
  2.32  person violates subdivision 1, clause (2), after having been 
  2.33  previously convicted of or adjudicated delinquent for violating 
  2.34  subdivision 1, clause (2); section 617.23, paragraph 
  2.35  (b) subdivision 2, clause (1); or a statute from another state 
  2.36  in conformity with subdivision 1, clause (2), or section 617.23, 
  3.1   paragraph (b) subdivision 2, clause (1). 
  3.2      Sec. 3.  Minnesota Statutes 1996, section 609.3461, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
  3.5   offender to provide a biological specimen for the purpose of DNA 
  3.6   analysis as defined in section 299C.155 when: 
  3.7      (1) the court sentences a person charged with violating or 
  3.8   attempting to violate section 609.342, 609.343, 609.344, or 
  3.9   609.345, or 617.23, subdivision 3, clause (2), who is convicted 
  3.10  of violating one of those sections or of any offense arising out 
  3.11  of the same set of circumstances; 
  3.12     (2) the court sentences a person as a patterned sex 
  3.13  offender under section 609.1352; or 
  3.14     (3) the juvenile court adjudicates a person a delinquent 
  3.15  child who is the subject of a delinquency petition for violating 
  3.16  or attempting to violate section 609.342, 609.343, 609.344, or 
  3.17  609.345, and the delinquency adjudication is based on a 
  3.18  violation of one of those sections or of any offense arising out 
  3.19  of the same set of circumstances.  The biological specimen or 
  3.20  the results of the analysis shall be maintained by the bureau of 
  3.21  criminal apprehension as provided in section 299C.155.  
  3.22     Sec. 4.  Minnesota Statutes 1996, section 609.3461, 
  3.23  subdivision 2, is amended to read: 
  3.24     Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
  3.25  violating or attempting to violate section 609.342, 609.343, 
  3.26  609.344, or 609.345, or 617.23, subdivision 3, clause (2), or 
  3.27  initially charged with violating one of those sections and 
  3.28  convicted of another offense arising out of the same set of 
  3.29  circumstances, or sentenced as a patterned sex offender under 
  3.30  section 609.1352, and committed to the custody of the 
  3.31  commissioner of corrections, or serving a term of imprisonment 
  3.32  in this state under a reciprocal agreement although convicted in 
  3.33  another state of an offense described in this subdivision or a 
  3.34  similar law of the United States or any other state, has not 
  3.35  provided a biological specimen for the purpose of DNA analysis, 
  3.36  the commissioner of corrections or local corrections authority 
  4.1   shall order the person to provide a biological specimen for the 
  4.2   purpose of DNA analysis before completion of the person's term 
  4.3   of imprisonment.  The commissioner of corrections or local 
  4.4   corrections authority shall forward the sample to the bureau of 
  4.5   criminal apprehension. 
  4.6      Sec. 5.  Minnesota Statutes 1996, section 617.23, is 
  4.7   amended to read: 
  4.8      617.23 [INDECENT EXPOSURE; PENALTIES.] 
  4.9      (a) Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
  4.10  misdemeanor who commits any of the following acts in any public 
  4.11  place, or in any place where others are present, is guilty of a 
  4.12  misdemeanor:  
  4.13     (1) willfully and lewdly exposes the person's body, or the 
  4.14  private parts thereof; 
  4.15     (2) procures another to expose private parts; or 
  4.16     (3) engages in any open or gross lewdness or lascivious 
  4.17  behavior, or any public indecency other than behavior specified 
  4.18  in clause (1) or (2) or this clause subdivision. 
  4.19     (b) Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any 
  4.20  of the following acts is guilty of a gross misdemeanor if: 
  4.21     (1) the person violates this section subdivision 1 in the 
  4.22  presence of a minor under the age of 16; or 
  4.23     (2) the person violates this section subdivision 1 after 
  4.24  having been previously convicted of violating this section 
  4.25  subdivision 1, sections 609.342 to 609.3451, or a statute from 
  4.26  another state in conformity with any of those sections. 
  4.27     (c) Subd. 3.  [FELONY.] A person is guilty of a felony and 
  4.28  may be sentenced to imprisonment for not more than five years or 
  4.29  to payment of a fine of not more than $10,000, or both, if: 
  4.30     (1) the person violates paragraph (b) subdivision 2, clause 
  4.31  (1), after having been previously convicted of or adjudicated 
  4.32  delinquent for violating paragraph (b) subdivision 2, clause 
  4.33  (1); section 609.3451, subdivision 1, clause (2); or a statute 
  4.34  from another state in conformity with paragraph (b) subdivision 
  4.35  2, clause (1), or section 609.3451, subdivision 1, clause (2).; 
  4.36  or 
  5.1      (2) the person commits a violation of subdivision 1, clause 
  5.2   (1), in the presence of another person while intentionally 
  5.3   confining that person or otherwise intentionally restricting 
  5.4   that person's freedom to move. 
  5.5      Sec. 6.  [EFFECTIVE DATE.] 
  5.6      Sections 1 to 5 are effective August 1, 1998, and apply to 
  5.7   crimes committed on or after that date.