Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 141-H.F.No. 374 
           An act relating to crimes; providing that persons 
          guilty of failing to comply with fire security 
          measures are guilty of obstructing legal process; 
          redefining arson in the second and third degrees and 
          negligent fires; prescribing penalties; amending 
          Minnesota Statutes 1984, sections 299F.08, by adding a 
          subdivision; 609.562; 609.563; and 609.576; proposing 
          coding for new law in Minnesota Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 299F.08, is 
amended by adding a subdivision to read:  
    Subd. 4.  [SECURING THE SCENE.] In order to prevent the 
loss, destruction, or alteration of evidence at a fire scene, 
fire officials may secure fire scenes for up to 48 hours after 
having extinguished the fire while warrants are obtained or 
while the investigation authorized in this section is 
conducted.  Fire scene security may be accomplished by 
preventing any person from entering the fire scene or from 
removing property from the fire scene.  An individual may enter 
the fire scene if accompanied by the fire official conducting 
the investigation, or if the individual obtains the fire 
official's written permission.  Persons not complying with the 
fire security measures under this subdivision are guilty of 
obstructing legal process as defined in section 609.50.  Nothing 
in this subdivision shall be construed to increase the civil 
liability of fire officials or to decrease municipal or state 
immunities as set forth in section 3.736 or 466.03.  
    Sec. 2.  Minnesota Statutes 1984, section 609.562, is 
amended to read:  
    609.562 [ARSON IN THE SECOND DEGREE.] 
    Whoever unlawfully by means of fire or explosives, 
intentionally destroys or damages any building not covered by 
section 609.561, no matter what its value, or any other real or 
personal property valued at more than $2,500, whether the 
property of himself or another, may be sentenced to imprisonment 
for not more than ten years or to a fine of not more than 
$20,000 or both.  
    Sec. 3.  Minnesota Statutes 1984, section 609.563, is 
amended to read: 
    609.563 [ARSON IN THE THIRD DEGREE.] 
    Subdivision 1.  Whoever unlawfully by means of fire or 
explosives, intentionally destroys or damages any real or 
personal property belonging to another may be sentenced to 
imprisonment for not more than five years or to a fine of 
$10,000 or both, if:  
    (a) The property intended by the accused to be damaged or 
destroyed had a value of more than $300 but less than $2,500; or 
    (b) Property of the value of $300 or more was 
unintentionally damaged or destroyed but such damage or 
destruction could reasonably have been foreseen; or 
    (c) The property specified in clauses (a) and (b) in the 
aggregate had a value of $300 or more.  
    Subd. 2.  In all other cases whoever intentionally by means 
of fire or explosives sets fire to or burns or causes to be 
burned any real or personal property of value belonging to 
another may be sentenced to imprisonment for not more than 90 
days or to payment of a fine of not more than $700.  
    Sec. 4.  [609.564] [EXCLUDED FIRES.] 
    A person does not violate section 609.561, 609.562, or 
609.563 if the person sets a fire pursuant to a validly issued 
license or permit or with written permission from the fire 
department of the jurisdiction where the fire occurs.  
    Sec. 5.  Minnesota Statutes 1984, section 609.576, is 
amended to read: 
    609.576 [NEGLIGENT FIRES.] 
    Whoever is culpably negligent in causing a fire to burn or 
get out of control thereby causing damage or injury to another, 
and as a result thereof: 
    (a) A human being is injured and great bodily harm 
incurred, is guilty of a crime and may be sentenced to 
imprisonment of not more than three years or to a fine of not 
more than $5,000, or both; or 
    (b) Property of another is injured, thereby, is guilty of a 
crime and may be sentenced as follows: 
    (1) To imprisonment for not more than 90 days or to payment 
of a fine of not more than $750 $700, or both, if the value of 
the property damage is under $300; 
    (2) To imprisonment for not more than one year, or to a 
fine of $3,000 or both, if the value of the property damaged is 
at least $300 and under $2,500 but is less than $10,000; 
    (3) To imprisonment for not less than 90 days nor more than 
one year three years, or to a fine of $3,000 not more than 
$5,000, or both, if the value of the property damaged is at 
least $2,500 and under $10,000 or more; 
    (4) To imprisonment for not less than 90 days nor more than 
three years or to a fine of $5,000 or both, if value of property 
damaged is at least $10,000. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective August 1, 1985, and apply to 
crimes committed on or after that date. 
    Approved May 17, 1985