Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                          CHAPTER 8--S.F.No. 25
           An act relating to crimes; prohibiting adulterating 
          substances intended for use by persons with substances 
          causing bodily harm or death; prescribing penalties; 
          proposing new law coded in Minnesota Statutes, chapter 
          609.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [609.687] [ADULTERATION.] 
    Subdivision 1.  [DEFINITION.] "Adulteration" is the 
intentional adding of any substance, which has the capacity to 
cause death, bodily harm or illness by ingestion, injection, 
inhalation or absorption, to a substance having a customary or 
reasonably foreseeable human use.  
    Subd. 2.  [ACTS CONSTITUTING.] (a) Whoever, knowing or 
having reason to know that the adulteration will cause death, 
bodily harm or illness, adulterates any substance with the 
intent to cause death, bodily harm or illness is guilty of a 
crime and may be sentenced as provided in subdivision 3; or 
    (b) Whoever, knowing or having reason to know that a 
substance has been adulterated as defined in subdivision 1, 
distributes, disseminates, gives, sells, or otherwise transfers 
an adulterated substance with the intent to cause death, bodily 
harm or illness is guilty of a crime and may be sentenced as 
provided in subdivision 3.  
    Subd. 3.  [SENTENCE.] Whoever violates subdivision 2 may be 
sentenced as follows:  
    (1) If the adulteration causes death, to imprisonment for 
not more than 40 years.  
    (2) If the adulteration causes any illness, pain, or other 
bodily harm, to imprisonment for not more than five years.  
    Subd. 4.  [CHARGING DISCRETION.] Criminal proceedings may 
be instituted under this section, notwithstanding the provisions 
of sections 24.141, 24.28, 29.24, 31.02, 31.405, 31.601, 34.01, 
151.34, 340.142, or other law proscribing adulteration of 
substances intended for use by persons.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1983, and applies to all 
crimes committed on or after that date. 
    Approved March 11, 1983