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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1988 

                        CHAPTER 523-H.F.No. 2059 
           An act relating to crime; children; clarifying the 
          defenses to a charge of deprivation of parental rights;
          requiring defendant to prove elements of defenses; 
          amending Minnesota Statutes 1987 Supplement, section 
          609.26, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
609.26, subdivision 2, is amended to read:  
    Subd. 2.  [DEFENSES.] No person violates It is an 
affirmative defense if a person charged under subdivision 1 if 
the action proves that: 
    (1) is the person reasonably believed the action taken was 
necessary to protect the child from physical or sexual assault 
or substantial emotional harm;  
    (2) is the person reasonably believed the action taken was 
necessary to protect the person taking the action from physical 
or sexual assault; 
    (3) the action taken 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) the action taken 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.  [ORIGINAL INTENT CLARIFIED.] 
    To the extent that it states that Minnesota Statutes, 
section 609.26, subdivision 2 creates affirmative defenses to a 
charge under Minnesota Statutes, section 609.26, section 1 
clarifies the original intent of the legislature in enacting 
Laws 1984, chapter 484, section 2; does not change the substance 
of Minnesota Statutes, section 609.26; and does not modify or 
alter any convictions entered under that section before the 
effective date of section 1.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Except as provided in section 2, section 1 is effective 
August 1, 1988, and applies to crimes committed on or after that 
date. 
    Approved April 14, 1988