Minnesota Legislature
SF 3343
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public safety; criminalizing the displaying of simulated explosive
devices in certain circumstances; amending Minnesota Statutes 2004, section 609.713, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 609.713, subdivision 3, is amended to read:
Subd. 3.
Displaynew text begin ; new text end replica of firearmnew text begin or simulated explosive devicenew text end .
(a) Whoever
displays, exhibits, brandishes, or otherwise employsnew text begin :
new text end
new text begin (1) new text end a replica firearm or a BB gunnew text begin ; or
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(2) a simulated explosive device;
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in a threatening manner, may be sentenced to imprisonment for not more thannew text begin new text end one year
and one day or to payment of a fine of not more than $3,000, or both, if, in doing so, the
person either:
deleted text begin (1)deleted text end new text begin (i)new text end causes or attempts to cause terror in another person; or
deleted text begin (2)deleted text end new text begin (ii)new text end acts in reckless disregard of the risk of causing terror in another person.
(b) For purposes of this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
or less in diameter; deleted text begin and
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(2) "replica firearm" means a device or object that is not defined as a dangerous
weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol,
revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other
firearm. The term replica firearm includes, but is not limited to, devices or objects that
are designed to fire only blanksdeleted text begin .deleted text end new text begin ;
new text end
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(3) "explosive device" has the meaning given in section 609.668, subdivision 1, and
also includes incendiary devices as defined in section 609.668, subdivision 1; and
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(4) "simulated explosive device" means any device or object that by its design,
construction, content, or characteristics, appears to be or to contain, or is represented to
be, constitute, or contain an explosive device, but that is, in fact, an inoperative facsimile,
imitation, counterfeit, or representation of an explosive device.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
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