Minnesota Legislature
SF 2714
as introduced - 86th Legislature (2009 - 2010) Posted on 02/17/2010 12:03pm
Current Version - as introduced
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A bill for an act
relating to crime; modifying crime of stalking; amending Minnesota Statutes
2008, section 609.749.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 609.749, is amended to read:
609.749 deleted text begin HARASSMENT;deleted text end STALKING; PENALTIES.
Subdivision 1.
Definition.
As used in this section, deleted text begin "harass"deleted text end new text begin "stalking"new text end means
to engage in deleted text begin intentionaldeleted text end conduct whichdeleted text begin : (1)deleted text end the actor knows or has reason to know
would cause the victim under the circumstances to feel frightened, threatened, oppressed,
persecuted, or intimidated; and deleted text begin (2)deleted text end causes this reaction on the part of the victimnew text begin regardless
of the relationship between the actor and victimnew text end .
Subd. 1a.
No proof of specific intent required.
In a prosecution under this section,
the state is not required to prove that the actor intended to cause the victim to feel
frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise
provided in subdivision deleted text begin 3deleted text end new text begin 5new text end , paragraph (a), clause (4), or paragraph (b), that the actor
intended to cause any other result.
new text begin Subd. 1b. new text end
new text begin Venue. new text end
new text begin
(a) When acts constituting a violation of this section are
committed in two or more counties, the accused may be prosecuted in any county in which
one of the acts was committed for all acts in violation of this section.
new text end
new text begin
(b) The conduct described in subdivision 2, clause (4), (5), or (8), may be prosecuted
at the place where any call is made or received or, in the case of wireless or electronic
communication or any communication made through any available technologies, where
the actor or victim resides or in the jurisdiction of the victim's designated address if the
victim participates in Safe at Home. The conduct described in subdivision 2, clause (2),
may be prosecuted where the actor or victim resides. The conduct described in subdivision
2, clause (6), may be prosecuted where any letter, telegram, message, package, or other
object is sent or received or, in the case of wireless or electronic communication or
communication made through other available technologies, where the actor or victim
resides or in the jurisdiction of the victim's designated address if the victim participates in
Safe at Home.
new text end
new text begin Subd. 1c. new text end
new text begin Arrest. new text end
new text begin
For all violations under this section, except a violation of
subdivision 2, clause (8), a peace officer may make an arrest under the provisions of
section 629.34. A peace officer may not make a warrantless, custodial arrest of any person
for a violation of subdivision 2, clause (8).
new text end
Subd. 2.
deleted text begin Harassment anddeleted text end Stalking crimes.
deleted text begin (a)deleted text end A person who deleted text begin harassesdeleted text end new text begin stalksnew text end
another by committing any of the following acts is guilty of a gross misdemeanor:
(1) directly or indirectlynew text begin , or through third parties, new text end manifests a purpose or intent to
injure the person, property, or rights of another by the commission of an unlawful act;
(2) deleted text begin stalks,deleted text end follows, monitors, or pursues another, whether in person or through
new text begin any available new text end technological or other means;
(3) returns to the property of another if the actor is without claim of right to the
property or consent of one with authority to consent;
(4) repeatedly makes telephone calls, new text begin sends text messages, new text end or induces a victim to
make telephone calls to the actor, whether or not conversation ensues;
(5) makes or causes the telephone of another repeatedly or continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, new text begin through assistive devices for
the visually or hearing impaired, or any communication made through any available
technologies new text end or other objects; deleted text begin or
deleted text end
(7) new text begin engages in harassment as defined in section 609.748, subdivision 1, paragraph
(a); or
new text end
new text begin (8) new text end knowingly makes false allegations against a peace officer concerning the
officer's performance of official duties with intent to influence or tamper with the officer's
performance of official duties.
deleted text begin
(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at
the place where any call is either made or received or, additionally in the case of wireless
or electronic communication, where the actor or victim resides. The conduct described
in paragraph (a), clause (2), may be prosecuted where the actor or victim resides. The
conduct described in paragraph (a), clause (6), may be prosecuted where any letter,
telegram, message, package, or other object is either sent or received or, additionally in
the case of wireless or electronic communication, where the actor or victim resides.
deleted text end
deleted text begin
(c) A peace officer may not make a warrantless, custodial arrest of any person for a
violation of paragraph (a), clause (7).
deleted text end
Subd. 3.
Aggravated violations.
(a) A person who commits any of the following
acts 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) commits any offense described in subdivision 2 because of the victim's or
another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origin;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and possesses a dangerous
weapon at the time of the offense;
(4) deleted text begin harassesdeleted text end new text begin stalksnew text end another, as defined in subdivision 1, with intent to influence or
otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a
judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer
of the court, because of that person's performance of official duties in connection with
a judicial proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim
under the age of 18, if the actor is more than 36 months older than the victim, and the act
is committed with sexual or aggressive intent, 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 both.
Subd. 4.
Second or subsequent violations; felony.
(a) A person is guilty of a
felony who violates any provision of subdivision 2 within ten years of a previous qualified
domestic violence-related offense conviction or adjudication of delinquency, 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.
(b) A person is guilty of a felony who violates any provision of subdivision 2 within
ten years of the first of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency, 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 both.
Subd. 5.
Pattern of deleted text begin harassingdeleted text end new text begin stalkingnew text end conduct.
(a) A person who engages in
a pattern of deleted text begin harassingdeleted text end new text begin stalkingnew text end conduct with respect to a single victim or one or more
members of a single household which the actor knows or has reason to know would
cause the victim under the circumstances to feel terrorized or to fear bodily harm and
which does cause this reaction on the part of the victim, 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 both.
(b) For purposes of this subdivision, a "pattern of deleted text begin harassingdeleted text end new text begin stalkingnew text end conduct" means
two or more acts within a five-year period that violate or attempt to violate the provisions
of any of the following or a similar law of another state, the United States, the District of
Columbia, deleted text begin tribal landsdeleted text end new text begin tribenew text end , or United States territories:
(1) this section;
new text begin
(2) sections 609.185 to 609.205;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end section 609.713;
new text begin
(4) section 609.221;
new text end
new text begin
(5) section 609.222;
new text end
new text begin
(6) section 609.223;
new text end
deleted text begin (3)deleted text end new text begin (7) new text end section 609.224;
deleted text begin (4)deleted text end new text begin (8)new text end section 609.2242;
new text begin
(9) section 609.2247;
new text end
deleted text begin (5)deleted text end new text begin (10)new text end section 518B.01, subdivision 14new text begin or 22new text end ;
deleted text begin (6)deleted text end new text begin (11) new text end section 609.748, subdivision 6;
deleted text begin (7)deleted text end new text begin (12)new text end section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7);
new text begin
(13) section 609.78, subdivision 2;
new text end
deleted text begin (8)deleted text end new text begin (14)new text end section 609.79;
deleted text begin (9)deleted text end new text begin (15)new text end section 609.795;
deleted text begin (10)deleted text end new text begin (16)new text end section 609.582;
deleted text begin (11)deleted text end new text begin (17)new text end section 609.595;
deleted text begin (12)deleted text end new text begin (18)new text end section 609.765; or
deleted text begin (13)deleted text end new text begin (19)new text end sections 609.342 to 609.3451.
deleted text begin
(c) When acts constituting a violation of this subdivision are committed in two or
more counties, the accused may be prosecuted in any county in which one of the acts was
committed for all acts constituting the pattern.
deleted text end
Subd. 6.
Mental health assessment and treatment.
(a) When a person is convicted
of a felony offense under this section, or another felony offense arising out of a charge
based on this section, the court shall order an independent professional mental health
assessment of the offender's need for mental health treatment. The court may waive the
assessment if an adequate assessment was conducted prior to the conviction.
(b) Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 260B.171, or
260C.171, the assessor has access to the following private or confidential data on the
person if access is relevant and necessary for the assessment:
(1) medical data under section 13.384;
(2) welfare data under section 13.46;
(3) corrections and detention data under section 13.85;
(4) health records under sections 144.291 to 144.298; and
(5) juvenile court records under sections 260B.171 and 260C.171.
Data disclosed under this section may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law.
(c) If the assessment indicates that the offender is in need of and amenable to mental
health treatment, the court shall include in the sentence a requirement that the offender
undergo treatment.
(d) The court shall order the offender to pay the costs of assessment under this
subdivision unless the offender is indigent under section 563.01.
Subd. 7.
Exception.
Conduct is not a crime under this section if it is performed
under terms of a valid license, to ensure compliance with a court order, or to carry out
a specific lawful commercial purpose or employment duty, is authorized or required
by a valid contract, or is authorized, required, or protected by state deleted text begin ordeleted text end new text begin , new text end federalnew text begin , or tribalnew text end
law or the state deleted text begin ordeleted text end new text begin , new text end federalnew text begin , or tribalnew text end constitutions. Subdivision 2, clause (2), does not
impair the right of any individual or group to engage in speech protected by the federal
deleted text begin Constitutiondeleted text end new text begin , state, or tribal constitutionsnew text end , deleted text begin the state Constitution,deleted text end or federal deleted text begin ordeleted text end new text begin ,new text end statenew text begin , or
tribalnew text end law, including peaceful and lawful handbilling and picketing.
Subd. 8.
Stalking; firearms.
(a) When a person is convicted of a deleted text begin harassment or
deleted text end stalking crime under this section and the court determines that the person used a firearm in
any way during commission of the crime, the court may order that the person is prohibited
from possessing any type of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this paragraph is guilty of a gross
misdemeanor. At the time of the conviction, the court shall inform the defendant whether
and for how long the defendant is prohibited from possessing a firearm and that it is
a gross misdemeanor to violate this paragraph. The failure of the court to provide this
information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.
(b) Except as otherwise provided in paragraph (a), when a person is convicted of
a stalking deleted text begin or harassmentdeleted text end crime under this section, the court shall inform the defendant
that the defendant is prohibited from possessing a pistol for three years from the date of
conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
of the court to provide this information to a defendant does not affect the applicability of
the pistol possession prohibition or the gross misdemeanor penalty to that defendant.
(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
a pistol if the person has been convicted after August 1, 1996, of a stalking deleted text begin or harassmentdeleted text end
crime under this section, unless three years have elapsed from the date of conviction and,
during that time, the person has not been convicted of any other violation of this section.
Property rights may not be abated but access may be restricted by the courts. A person
who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.
(d) If the court determines that a person convicted of a stalking deleted text begin or harassmentdeleted text end
crime under this section owns or possesses a firearm and used it in any way during the
commission of the crime, it shall order that the firearm be summarily forfeited under
section 609.5316, subdivision 3.
Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make any cross-reference and technical language
changes to Minnesota Statutes made necessary by section 1.
new text end