Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 159-S.F.No. 583 
           An act relating to crimes; making certain trespasses 
          and assaults a gross misdemeanor; providing for the 
          admissibility of certain evidence in domestic abuse 
          prosecutions; amending Minnesota Statutes 1984, 
          sections 609.224 and 609.605; proposing coding for new 
          law in Minnesota Statutes, chapter 634. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 609.224, is 
amended to read: 
    609.224 [ASSAULT IN THE FIFTH DEGREE.] 
    Subdivision 1.  [MISDEMEANOR.] Whoever does any of the 
following commits an assault and is guilty of a misdemeanor:  
    (1) Does Commits an act with intent to cause fear in 
another of immediate bodily harm or death; or 
    (2) Intentionally inflicts or attempts to inflict bodily 
harm upon another.  
    Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates the 
provisions of subdivision 1 against the same victim within five 
years of a previous conviction under subdivision 1 or sections 
609.221 to 609.223 may be sentenced to imprisonment for not more 
than one year or to a payment of a fine of not more than $3,000, 
or both. 
    Sec. 2.  Minnesota Statutes 1984, section 609.605, is 
amended to read:  
    609.605 [TRESPASSES AND OTHER ACTS.] 
    Subdivision 1.  [MISDEMEANOR.] Whoever intentionally does 
any of the following is guilty of a misdemeanor: 
    (1) Smokes in a building, area, or common carrier in which 
"no smoking" notices have been prominently posted, or when 
requested not to by the operator of the common carrier; or 
    (2) Trespasses or permits animals under his control to 
trespass upon a railroad track; or 
    (3) Permits domestic animals or fowls under his control to 
go upon the lands of another within a city; or 
    (4) Interferes unlawfully with any monument, sign, or 
pointer erected or marked to designate a point of a boundary, 
line or a political subdivision, or of a tract of land; or 
    (5) Trespasses upon the premises of another and, without 
claim of right, refuses to depart therefrom on demand of the 
lawful possessor thereof; or 
    (6) Occupies or enters the dwelling of another, without 
claim of right or consent of the owner or the consent of one who 
has the right to give consent, except in an emergency 
situation.  As used in this clause, "dwelling" means the 
building or part of the building used by an individual as a 
place of residence on either a full-time or a part-time basis.  
The dwelling may be part of a multi-dwelling or multi-purpose 
building, or a manufactured home as defined in section 168.011, 
subdivision 8; or 
    (7) Enters the premises of another with intent to take or 
injure any fruit, fruit trees, or vegetables growing thereon 
without the permission of the owner or occupant; or 
    (8) Refuses the request of the operator of a public 
conveyance to either pay the required fare or leave the 
conveyance; or 
    (9) Takes any animal on a public conveyance without the 
consent of the operator; or 
    (10) Without the permission of the owner, tampers with or 
gets into or upon a motor vehicle as defined in section 609.55, 
subdivision 1, or rides in or upon such motor vehicle knowing it 
was taken and is being driven by another without the permission 
of the owner; or 
    (11) Enters or is found upon the premises of a public or 
private cemetery without authorization during hours the cemetery 
is posted as closed to the public; or 
    (12) Without authorization of the adjutant general enters 
or is present upon the Camp Ripley military reservation. 
    Subd. 2.  [GROSS MISDEMEANOR.] Whoever trespasses upon the 
grounds of a facility providing emergency shelter services for 
battered women, as defined under section 611A.31, subdivision 3, 
or of a facility providing transitional housing for battered 
women and their children, without claim of right or consent of 
one who has right to give consent, and refuses to depart from 
the grounds of the facility on demand of one who has right to 
give consent, is guilty of a gross misdemeanor. 
    Sec. 3.  [634.20] [EVIDENCE OF PRIOR CONDUCT.] 
    Evidence of similar prior conduct by the accused against 
the victim of domestic abuse, as defined under section 518B.01, 
subdivision 2, is admissible unless the probative value is 
substantially outweighed by the danger of unfair prejudice, 
confusion of the issue, or misleading the jury, or by 
considerations of undue delay, waste of time, or needless 
presentation of cumulative evidence. 
     Sec. 4.  [EFFECTIVE DATE.] 
     Sections 1 and 2 are effective August 1, 1985, and apply to 
crimes committed on or after that date.  Section 3 is effective 
August 1, 1985, and applies to cases commenced on or after that 
date. 
    Approved May 20, 1985