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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1988 

                        CHAPTER 529-S.F.No. 1018 
           An act relating to crimes; criminal sexual conduct; 
          creating a crime of fifth degree criminal sexual 
          conduct; amending Minnesota Statutes 1986, section 
          388.051, subdivision 2; 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 1986, section 388.051, 
subdivision 2, is amended to read:  
    Subd. 2.  [SPECIAL PROVISIONS.] (a) In Anoka, Carver, 
Dakota, Hennepin, Scott, and Washington counties, only the 
county attorney shall prosecute gross misdemeanor violations of 
sections 290.53, subdivisions 4 and 11; 290.92, subdivision 15; 
290A.11, subdivision 2; 297A.08; 297A.39, subdivisions 4 and 8; 
297B.10; 609.255, subdivision 3; 609.377; 609.378; 609.41; and 
617.247.  
    (b) The county attorney shall prosecute failure to report 
physical or sexual child abuse or neglect as provided under 
section 626.556, subdivision 6, and shall prosecute violations 
of fifth-degree criminal sexual conduct under section 2. 
    Sec. 2.  [609.3451] [CRIMINAL SEXUAL CONDUCT IN THE FIFTH 
DEGREE.] 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the fifth degree if the person 
engages in nonconsensual sexual contact.  For purposes of this 
section, "sexual contact" has the meaning given in section 
609.341, subdivision 11, paragraph (a), clauses (i) and (iv), 
but does not include the intentional touching of the clothing 
covering the immediate area of the buttocks.  
     Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
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. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1988, and apply to 
crimes committed on or after that date. 
    Approved April 14, 1988