SF 2663

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; expanding the stalking and 
  1.3             harassment law to include certain acts involving 
  1.4             injury to reputation; providing enhanced penalties for 
  1.5             harassment of a peace officer in retaliation for the 
  1.6             officer's performance of official duties in connection 
  1.7             with a criminal investigation; amending Minnesota 
  1.8             Statutes 1996, section 609.749, subdivision 3; 
  1.9             Minnesota Statutes 1997 Supplement, section 609.749, 
  1.10            subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.13  609.749, subdivision 2, is amended to read: 
  1.14     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
  1.15  who harasses another by committing any of the following acts is 
  1.16  guilty of a gross misdemeanor: 
  1.17     (1) directly or indirectly manifests a purpose or intent to 
  1.18  injure the person, property, reputation, or rights of another by 
  1.19  the commission of an unlawful act; 
  1.20     (2) stalks, follows, or pursues another; 
  1.21     (3) returns to the property of another if the actor is 
  1.22  without claim of right to the property or consent of one with 
  1.23  authority to consent; 
  1.24     (4) repeatedly makes telephone calls, or induces a victim 
  1.25  to make telephone calls to the actor, whether or not 
  1.26  conversation ensues; 
  1.27     (5) makes or causes the telephone of another repeatedly or 
  1.28  continuously to ring; or 
  2.1      (6) repeatedly mails or delivers or causes the delivery of 
  2.2   letters, telegrams, messages, packages, or other objects; or 
  2.3      (7) engages in any other harassing conduct that interferes 
  2.4   with another person or intrudes on the person's privacy or 
  2.5   liberty. 
  2.6      (b) The conduct described in paragraph (a), clauses (4) and 
  2.7   (5), may be prosecuted at the place where any call is either 
  2.8   made or received.  The conduct described in paragraph (a), 
  2.9   clause (6), may be prosecuted where any letter, telegram, 
  2.10  message, package, or other object is either sent or received. 
  2.11     Sec. 2.  Minnesota Statutes 1996, section 609.749, 
  2.12  subdivision 3, is amended to read: 
  2.13     Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
  2.14  of the following acts is guilty of a felony: 
  2.15     (1) commits any offense described in subdivision 2 because 
  2.16  of the victim's or another's actual or perceived race, color, 
  2.17  religion, sex, sexual orientation, disability as defined in 
  2.18  section 363.01, age, or national origin; 
  2.19     (2) commits any offense described in subdivision 2 by 
  2.20  falsely impersonating another; 
  2.21     (3) commits any offense described in subdivision 2 and 
  2.22  possesses a dangerous weapon at the time of the offense; 
  2.23     (4) commits a violation of subdivision 1 with intent to 
  2.24  influence or otherwise tamper with a juror or a judicial 
  2.25  proceeding or with intent to retaliate against a judicial 
  2.26  officer, as defined in section 609.415, a peace officer, or a 
  2.27  prosecutor, defense attorney, or officer of the court, because 
  2.28  of that person's performance of official duties in connection 
  2.29  with a criminal investigation or a judicial proceeding; or 
  2.30     (5) commits any offense described in subdivision 2 against 
  2.31  a victim under the age of 18, if the actor is more than 36 
  2.32  months older than the victim. 
  2.33     Sec. 3.  [EFFECTIVE DATE.] 
  2.34     Sections 1 and 2 are effective August 1, 1998, and apply to 
  2.35  crimes committed on or after that date.