Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 217--S.F.No. 50
           An act relating to crimes; providing for new crimes 
          relating to abuse of children; establishing willful 
          and unlawful restraint as a crime; establishing 
          malicious punishment as a crime; establishing neglect 
          as a crime; providing penalties; amending Minnesota 
          Statutes 1982, sections 260.315; 609.255; and 626.556, 
          subdivision 12; proposing new law coded in Minnesota 
          Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 260.315, is 
amended to read:  
    260.315 [CONTRIBUTING TO NEGLECT OR DELINQUENCY.] 
    Any person who by act, word or omission encourages, causes 
or contributes to the neglect or delinquency of a child, and 
such act, word or omission is not by other provisions of law 
declared to be a felony, shall be is guilty of a misdemeanor.  
    Sec. 2.  Minnesota Statutes 1982, section 609.255, is 
amended to read: 
    609.255 [FALSE IMPRISONMENT.] 
    Subdivision 1.  [DEFINITION.] As used in this section, the 
following term has the meaning given it unless specific content 
indicates otherwise.  
    (a) "Caretaker" means an individual who has responsibility 
for the care of a child as a result of a family relationship, or 
who has assumed responsibility for all or a portion of the care 
of a child.  
    Subd. 2.  [INTENTIONAL RESTRAINT.] Whoever, knowing he has 
no lawful authority to do so, intentionally confines or 
restrains a child not his own under the age of 18 years without 
his parent's or legal custodian's consent, or any other person 
without his consent, is guilty of false imprisonment and may be 
sentenced to imprisonment for not more than three years or to 
payment of a fine of not more than $3,000, or both.  
    Subd. 3.  [UNREASONABLE RESTRAINT OF CHILDREN.] A parent, 
legal guardian, or caretaker who intentionally subjects a child 
under the age of 18 years to unreasonable physical confinement 
or restraint by means including but not limited to, tying, 
locking, caging, or chaining for a prolonged period of time and 
in a cruel manner which is excessive under the circumstances and 
which results in substantial emotional harm, is guilty of 
unreasonable restraint of a child and may be sentenced to 
imprisonment for not more than one year or to payment of a fine 
of not more than $1,000, or both.  If the confinement or 
restraint results in substantial bodily harm, that person may be 
sentenced to imprisonment for not more than three years or to 
payment of not more than $3,000, or both.  
    Sec. 3.  [609.376] [DEFINITIONS.] 
    Subdivision 1.  [TERMS DEFINED.] For the purposes of 
sections 2 and 3 to 7, the following terms have the meanings 
given unless specific content indicates otherwise.  
    Subd. 2.  [CHILD.] "Child" means any person under the age 
of 18 years.  
    Subd. 3.  [CARETAKER.] "Caretaker" means an individual who 
has responsibility for the care of a child as a result of a 
family relationship or who has assumed responsibility for all or 
a portion of the care of a child.  
    Subd. 4.  [COMPLAINANT.] "Complainant" means a person 
alleged to have been a victim of a violation of section 609.255, 
subdivision 3, section 4, or section 5, but need not be the 
person who signs the complaint. 
    Sec. 4.  [609.377] [MALICIOUS PUNISHMENT OF A CHILD.] 
    A parent, legal guardian, or caretaker who, by an 
intentional act or a series of intentional acts, evidences 
unreasonable force or cruelty which causes substantial emotional 
harm to a child is guilty of malicious punishment of a child and 
may be sentenced to imprisonment for not more than one year or 
to payment of a fine of not more than $1,000, or both.  If the 
punishment results in substantial bodily harm, that person may 
be sentenced to imprisonment for not more than 3 years or to 
payment of not more than $3,000, or both.  
    Sec. 5.  [609.378] [NEGLECT OF A CHILD.] 
    (a) A parent, legal guardian, or caretaker who willfully 
deprives a child of necessary food, clothing, shelter, health 
care, or supervision appropriate to the child's age, when the 
parent, guardian, or caretaker is reasonably able to make the 
necessary provisions and which deprivation substantially harms 
the child's physical or emotional health, or (b) a parent, legal 
guardian, or foster parent who knowingly permits the continuing 
physical or sexual abuse of a child is guilty of neglect of a 
child and may be sentenced to imprisonment for not more than one 
year or to payment of a fine of not more than $1,000, or both. 
It is a defense to a prosecution under clause (b) that at the 
time of the neglect there was a reasonable apprehension in the 
mind of the defendant that acting to stop or prevent the neglect 
would result in substantial bodily harm to the defendant or the 
child in retaliation.  
    If a parent, guardian, or caretaker responsible for the 
child's care in good faith selects and depends upon spiritual 
means or prayer for treatment or care of disease or remedial 
care of the child, this treatment shall constitute "health care" 
as used in clause (a) of this section.  
    Sec. 6.  [609.379] [PERMITTED ACTIONS.] 
    Subdivision 1.  [REASONABLE FORCE.] Reasonable force may be 
used upon or toward the person of a child without the child's 
consent when the following circumstance exists or the actor 
reasonably believes it to exist:  
    When used by a parent, legal guardian, teacher, or other 
caretaker of a child or pupil, in the exercise of lawful 
authority, to restrain or correct the child or pupil.  
    Subd. 2.  [APPLICABILITY.] This section applies to sections 
1 to 5 and section 626.556, subdivision 12.  
    Sec. 7.  [609.38] [STAYED SENTENCE.] 
    For any violation of section 609.255, subdivision 3, 
section 4, or section 5 for which the sentencing guidelines 
establish a presumptive executed sentence, the court may stay 
imposition or execution of the sentence if it finds that a stay 
is in the best interest of the complainant or the family unit 
and that the defendant is willing to participate in any 
necessary or appropriate treatment.  In determining an 
appropriate sentence when there is a family relationship between 
the complainant and the defendant, the court shall be guided by 
the policy of preserving and strengthening the family unit 
whenever possible.  
    Sec. 8.  Minnesota Statutes 1982, section 626.556, 
subdivision 12, is amended to read: 
    Subd. 12.  [DUTIES OF FACILITY OPERATORS.] Any operator, 
employee, or volunteer worker at any facility who intentionally 
neglects, physically abuses, or sexually abuses any child in the 
care of that facility may be charged with a violation of section 
609.23 sections 2, 4 or 5.  Any operator of a facility who 
knowingly permits conditions to exist which result in neglect, 
physical abuse, or sexual abuse of a child in the care of that 
facility may be charged with a violation of section 609.23 or 
section 5.  
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective August 1, 1983 and apply to 
crimes committed on or after that date. 
    Approved June 1, 1983