SF 636

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 09:12am

A bill for an act
relating to public safety; increasing penalties for certain predatory offenses;
requiring predatory offender registration; amending Minnesota Statutes 2016,
sections 243.166, subdivision 1b; 609.746, subdivision 1; 609.749, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; deleted text begin or
deleted text end

(iv) indecent exposure under section 617.23, subdivision 3;

new text begin (v) interference with privacy under section 609.746, subdivision 1, paragraph (e), clause
(2); or
new text end

new text begin (vi) stalking a minor with sexual or aggressive intent under section 609.749, subdivision
3, paragraph (b);
new text end

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the
sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation
of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

Sec. 2.

Minnesota Statutes 2016, section 609.746, subdivision 1, is amended to read:

Subdivision 1.

Surreptitious intrusion; observation device.

(a) A person is guilty of
a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(b) A person is guilty of a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(c) A person is guilty of a gross misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(d) A person is guilty of a gross misdemeanor who:

(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(e) A person is guilty of a felony and may be sentenced to imprisonment for not more
than deleted text begin two deleted text end new text begin five new text end years or to payment of a fine of not more than $5,000, or both, if the person:

(1) violates this subdivision after a previous conviction under this subdivision or section
609.749; or

(2) violates this subdivision against a minor under the age of 18, knowing or having
reason to know that the minor is present.

(f) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections
investigators, or to those acting under their direction, while engaged in the performance of
their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility;
or (2) a commercial establishment if the owner of the establishment has posted conspicuous
signs warning that the premises are under surveillance by the owner or the owner's employees.

Sec. 3.

Minnesota Statutes 2016, section 609.749, subdivision 3, is amended to read:

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) stalks 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 deleted text begin ten deleted text end new text begin 15 new text end years or to payment of a fine of not more than
$20,000, or both.

Sec. 4. new text begin SENTENCING GUIDELINES MODIFICATIONS.
new text end

new text begin The Sentencing Guidelines Commission shall modify the sentencing guidelines grid by
ranking: (1) violations of Minnesota Statutes, section 609.746, subdivision 1, paragraph (e)
(interfering with the privacy - subsequent violations and minor victim), in severity level 2;
and (2) violations of Minnesota Statutes, section 609.749, subdivision 3, paragraph (b)
(stalking a minor with sexual or aggressive intent), in severity level 5.
new text end