Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 246-S.F.No. 785 
           An act relating to crimes; restricting consent defense 
          to charge of depriving another of parental rights; 
          allowing filing of felony charges before 14 days have 
          elapsed; increasing penalty for depriving another of 
          parental rights; amending Minnesota Statutes 1986, 
          section 609.26, subdivisions 2, 5, and 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.26, 
subdivision 2, is amended to read:  
    Subd. 2.  [DEFENSES.] No person violates subdivision 1 if 
the action:  
    (1) is taken to protect the child from physical or sexual 
assault or substantial emotional harm;  
    (2) is taken to protect the person taking the action from 
physical or sexual assault; 
    (3) is consented to by the parent, stepparent, or legal 
custodian seeking prosecution, but consent to custody or 
specific visitation is not consent to the action of failing to 
return or concealing a minor child; or 
    (4) is otherwise authorized by a court order issued prior 
to the violation of subdivision 1.  
    The defenses provided in this subdivision are in addition 
to and do not limit other defenses available under this chapter 
or chapter 611. 
    Sec. 2.  Minnesota Statutes 1986, section 609.26, 
subdivision 5, is amended to read:  
    Subd. 5.  [DISMISSAL OF CHARGE.] A felony charge brought 
under this section shall be dismissed if:  
    (a) the person voluntarily returns the child within 14 days 
after taking, detaining, or failing to return the child in 
violation of this section; or 
    (b)(1) the person taking the action and the child have not 
left the state of Minnesota; and (2) within a period of 14 days 
after taking the action, (i) a motion or proceeding under 
chapter 518, 518A, 518B, or 518C is commenced by the person 
taking the action, or (ii) the attorney representing the person 
taking the action has consented to service of process by the 
party whose rights are being deprived, for any motion or action 
pursuant to chapter 518, 518A, 518B, or 518C.  
    Clause (a) does not apply if the person returns the child 
as a result of being located by law enforcement authorities. 
    This subdivision does not prohibit the filing of felony 
charges or an offense report before the expiration of the 14 
days. 
    Sec. 3.  Minnesota Statutes 1986, section 609.26, 
subdivision 6, is amended to read:  
    Subd. 6.  [PENALTY.] Except as otherwise provided in 
subdivision 5, whoever violates this section may be sentenced to 
imprisonment for not more than one year and one day two years or 
to payment of a fine of $3,000 $4,000, or both. 
    Approved May 26, 1987