Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 321--H.F.No. 435
           An act relating to crimes; establishing degrees of 
          burglary; prescribing penalties; providing a 
          presumptive term of incarceration in certain 
          instances; proposing new law coded in Minnesota 
          Statutes, chapter 609; repealing Minnesota Statutes 
          1982, section 609.58. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [609.581] [DEFINITIONS.] 
    Subdivision 1.  [TERMS DEFINED.] For purpose of sections 2 
to 4 the terms defined in this section have the meanings given 
them.  
    Subd. 2.  [BUILDING.] "Building" means a structure suitable 
for affording shelter for human beings including any appurtenant 
or connected structure.  
    Subd. 3.  [DWELLING.] "Dwelling" means a building used as a 
permanent or temporary residence.  
    Subd. 4.  [ENTERS A BUILDING WITHOUT CONSENT.] "Enters a 
building without consent" means:  
    (a) to enter a building without the consent of the person 
in lawful possession;  
     (b) to enter a building by using artifice, trick, or 
misrepresentation to obtain consent to enter from the person in 
lawful possession; or 
     (c) to remain within a building without the consent of the 
person in lawful possession.  
     Whoever enters a building while open to the general public 
does so with consent except when consent was expressly withdrawn 
before entry.  
     Sec. 2.  [609.582] [BURGLARY.] 
     Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
enters a building without consent and with intent to commit a 
crime commits burglary in the first degree and may be sentenced 
to imprisonment for not more than 20 years or to payment of a 
fine of not more than $20,000, or both, if:  
     (a) the building is a dwelling and another person not an 
accomplice is present in it;  
     (b) the burglar possesses a dangerous weapon or explosive 
when entering or at any time while in the building; or 
     (c) the burglar assaults a person within the building.  
     Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
building without consent and with intent to commit a crime 
commits burglary in the second degree and may be sentenced to 
imprisonment for not more than ten years or to payment of a fine 
of not more than $10,000, or both, if:  
    (a) the building is a dwelling;  
     (b) the portion of the building entered contains a banking 
business or other business of receiving securities or other 
valuable papers for deposit or safekeeping and the entry is with 
force or threat of force;  
    (c) the portion of the building entered contains a pharmacy 
or other lawful business or practice in which controlled 
substances are routinely held or stored, and the entry is 
forcible; or 
    (d) when entering or while in the building, the burglar 
possesses a tool to gain access to money or property.  
    Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
building without consent and with intent to steal or commit any 
felony or gross misdemeanor commits burglary in the third degree 
and may be sentenced to imprisonment for not more than five 
years or to payment of a fine of not more than $5,000, or both.  
    Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
building without consent and with intent to commit a misdemeanor 
other than to steal commits burglary in the fourth degree 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.  
     Sec. 3.  [609.583] [SENTENCING; FIRST BURGLARY OF A 
DWELLING.] 
    In determining an appropriate sentence for a first offense 
of burglary of a dwelling, the court shall presume that a stay 
of execution with a 120-day period of incarceration as a 
condition of probation shall be imposed unless the defendant's 
criminal history score determined according to the sentencing 
guidelines indicates a presumptive executed sentence, in which 
case the presumptive executed sentence shall be imposed unless 
the court departs from the sentencing guidelines pursuant to 
section 244.10.  A stay of imposition of sentence may be granted 
only if accompanied by a statement on the record of the reasons 
for it.  The presumptive period of incarceration may be waived 
in whole or in part by the court if the defendant provides 
restitution or performs community work service.  
    Sec. 4.  [REPEALER.] 
    Minnesota Statutes 1982, section 609.58, is repealed.  
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective August 1, 1983, and apply to 
all crimes committed on or after that date. 
    Approved June 14, 1983