SF 2488

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; public safety; expanding 
  1.3             the enhancement provision for repeat indecent exposure 
  1.4             offenses; amending Minnesota Statutes 2002, section 
  1.5             617.23, subdivisions 2, 3.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 617.23, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any of 
  1.10  the following acts is guilty of a gross misdemeanor: 
  1.11     (1) the person violates subdivision 1 in the presence of a 
  1.12  minor under the age of 16; or 
  1.13     (2) the person violates subdivision 1 after having been 
  1.14  previously convicted of or adjudicated delinquent for violating 
  1.15  subdivision 1, sections 609.342 to 609.3451, or a statute from 
  1.16  another state in conformity with any of those sections. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 617.23, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [FELONY.] (a) A person is guilty of a felony and 
  1.20  may be sentenced to imprisonment for not more than five years or 
  1.21  to payment of a fine of not more than $10,000, or both, if: 
  1.22     (1) the person violates subdivision 2, clause (1), after 
  1.23  having been previously convicted of or adjudicated delinquent 
  1.24  for violating subdivision 2, clause (1); section 609.3451, 
  1.25  subdivision 1, clause (2); or a statute from another state in 
  2.1   conformity with subdivision 2, clause (1), or section 609.3451, 
  2.2   subdivision 1, clause (2); or 
  2.3      (2) the person commits a violation of subdivision 1, clause 
  2.4   (1), in the presence of another person while intentionally 
  2.5   confining that person or otherwise intentionally restricting 
  2.6   that person's freedom to move; or 
  2.7      (3) the person violates subdivision 1 after having been 
  2.8   previously convicted of or adjudicated delinquent on two or more 
  2.9   occasions for violating subdivision 1, sections 609.342 to 
  2.10  609.3451, or a statute from another state in conformity with any 
  2.11  of those sections. 
  2.12     (b) The enhanced penalty for a person described in 
  2.13  paragraph (a), clause (3), applies to any combination of 
  2.14  convictions and delinquency adjudications for any combination of 
  2.15  listed offenses.  
  2.16     Sec. 3.  [EFFECTIVE DATE.] 
  2.17     Sections 1 and 2 are effective August 1, 2004, and apply to 
  2.18  crimes committed on or after that date.