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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 655-S.F.No. 1643 
           An act relating to crimes; child abuse; eliminating 
          the need to show emotional harm in proving 
          unreasonable restraint or malicious punishment of a 
          child;  amending Minnesota Statutes 1986, sections 
          609.255, subdivision 3; and 609.377. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.255, 
subdivision 3, is amended to read:  
    Subd. 3.  [UNREASONABLE RESTRAINT OF CHILDREN.] A parent, 
legal guardian, or caretaker who intentionally subjects a child 
under the age of 18 years to unreasonable physical confinement 
or restraint by means including but not limited to, tying, 
locking, caging, or chaining for a prolonged period of time and 
in a cruel manner which is excessive under the circumstances and 
which results in substantial emotional harm, is guilty of 
unreasonable restraint of a child and may be sentenced to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both.  If the confinement or 
restraint results in substantial bodily harm, that person may be 
sentenced to imprisonment for not more than three years or to 
payment of not more than $5,000, or both.  
    Sec. 2.  Minnesota Statutes 1986, section 609.377, is 
amended to read:  
    609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
    A parent, legal guardian, or caretaker who, by an 
intentional act or a series of intentional acts with respect to 
a child, evidences unreasonable force or cruelty which causes 
substantial emotional harm to a child cruel discipline that is 
excessive under the circumstances is guilty of malicious 
punishment of a child and may be sentenced to imprisonment for 
not more than one year or to payment of a fine of not more than 
$3,000, or both.  If the punishment results in substantial 
bodily harm, that person may be sentenced to imprisonment for 
not more than three years or to payment of not more than $5,000, 
or both.  
     Sec. 3.  [EFFECTIVE DATE.] 
     Sections 1 and 2 are effective August 1, 1988, and apply to 
violations committed on or after that date. 
    Approved April 26, 1988