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Minnesota Legislature

Office of the Revisor of Statutes

SF 645

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to harassment; authorizing use of restraining orders against Internet and
other computer systems publishing harassing information; amending Minnesota
Statutes 2006, section 609.748, subdivisions 1, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:


Subdivision 1.

Definition.

For the purposes of this section, the following terms have
the meanings given them in this subdivision.

(a) "Harassment" includes:

(1) a single incident of physical or sexual assault or repeated incidents of intrusive or
unwanted acts, words, or gestures that have a substantial adverse effect or are intended to
have a substantial adverse effect on the safety, security, or privacy of another, regardless
of the relationship between the actor and the intended target;

(2) targeted residential picketing; deleted text beginand
deleted text end

(3) a pattern of attending public events after being notified that the actor's presence
at the event is harassing to anotherdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) a single incident of posing as another person or persons without express
authorization in order to harass or defame another person or persons.
new text end

(b) "Respondent" includes any adults or juveniles alleged to have engaged in
harassment or organizations alleged to have sponsored or promoted harassment.

(c) "Targeted residential picketing" includes the following acts when committed on
more than one occasion:

(1) marching, standing, or patrolling by one or more persons directed solely at a
particular residential building in a manner that adversely affects the safety, security, or
privacy of an occupant of the building; or

(2) marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential building from gaining access to or exiting from the property on
which the residential building is located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:


Subd. 5.

Restraining order.

(a) The court may grant a restraining order ordering
the respondent to cease or avoid the harassment of another person or to have no contact
with that person if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.

new text begin Except as provided in paragraph (c), new text enda restraining order may be issued only against the
respondent named in the petition; deleted text beginexcept thatdeleted text endnew text begin andnew text end if the respondent is an organization, the
order may be issued against and apply to all of the members of the organization. Relief
granted by the restraining order must be for a fixed period of not more than two years.
When a referee presides at the hearing on the petition, the restraining order becomes
effective upon the referee's signature.

(b) An order issued under this subdivision must be personally served upon the
respondent.

new text begin (c) If the harassment involves communication through the use of the Internet or
a computer, computer program, computer network, or computer system, a restraining
order may also be issued against private computer networks, including Internet service
providers or computer bulletin board systems, that are publishing harassing information.
A restraining order issued under this paragraph may direct the respondent or a private
computer network to remove or correct the harassing information. A restraining order
issued under this paragraph may be served by mail upon any private computer network
affected.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end