Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                          CHAPTER 5-S.F.No. 32 
           An act relating to crimes; trespass; recodifying the 
          law on dangerous trespasses and misdemeanor 
          trespasses; prescribing penalties; amending Minnesota 
          Statutes 1988, sections 609.02, subdivisions 12 and 
          13; 609.50; 609.55, subdivision 2, and by adding 
          subdivisions; 609.576; 609.605; 609.85; 609.855, 
          subdivisions 1 and 3; 624.731, subdivision 7; and 
          629.363; proposing coding for new law in Minnesota 
          Statutes, chapter 609; repealing Minnesota Statutes 
          1988, section 609.60. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 609.02, 
subdivision 12, is amended to read: 
    Subd. 12.  [HARASS.] As used in sections 609.605, 
subdivision 1, clause (13) (7), 609.746, 609.79, and 609.795, 
"harass" means to interfere with another person so as to 
persecute or oppress that person. 
    Sec. 2.  Minnesota Statutes 1988, section 609.02, 
subdivision 13, is amended to read: 
    Subd. 13.  [THREATEN.] As used in sections 609.605, 
subdivision 1, clause (13) (7), 609.746, 609.79, and 609.795, 
"threaten" means to express a purpose or intent to injure the 
person, property, or rights of another by the commission of an 
unlawful act. 
    Sec. 3.  [609.396] [UNAUTHORIZED PRESENCE AT CAMP RIPLEY.] 
    A person is guilty of a felony and may be sentenced to not 
more than five years imprisonment or to payment of a fine of not 
more than $10,000, or both, if: 
    (1) the person intentionally enters or is present without 
authorization of the adjutant general in an area at the Camp 
Ripley military reservation that is posted by order of the 
adjutant general as restricted for weapon firing or other 
hazardous military activity; and 
    (2) the person knows that doing so creates a risk of death, 
bodily harm, or serious property damage. 
    Sec. 4.  Minnesota Statutes 1988, section 609.50, is 
amended to read: 
    609.50 [OBSTRUCTING LEGAL PROCESS OR, ARREST, OR 
FIREFIGHTING.] 
    Subdivision 1.  [CRIME.] Whoever intentionally does any of 
the following may be sentenced as provided in subdivision 2: 
    (1) obstructs, hinders, or prevents the lawful execution of 
any legal process, civil or criminal, or apprehension of another 
on a charge or conviction of a criminal offense or; 
    (2) obstructs, resists, or interferes with a peace officer 
while the officer is engaged in the performance of official 
duties,; 
    (3) interferes with or obstructs the prevention or 
extinguishing of a fire, or disobeys the lawful order of a 
firefighter present at the fire; or 
     (4) by force or threat of force endeavors to obstruct any 
employee of the department of revenue while the employee is 
lawfully engaged in the performance of official duties for the 
purpose of deterring or interfering with the performance of 
those duties, may be sentenced as follows:.  
    Subd. 2.  [PENALTY.] A person convicted of violating 
subdivision 1 may be sentenced as follows: 
    (1) if the act was committed with knowledge that it created 
a risk of death, substantial bodily harm, or serious property 
damage, to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both; 
     (2) if the act was accompanied by force or violence or the 
threat thereof, to imprisonment for not more than one year or to 
payment of a fine of not more than $3,000, or both; or 
    (2) (3) in other cases to imprisonment for not more than 90 
days or to payment of a fine of not more than $700, or both.  
    Sec. 5.  Minnesota Statutes 1988, section 609.55, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACTS CONSTITUTING FELONY.] Whoever intentionally 
takes or drives a motor vehicle without the consent of the owner 
or an authorized agent of the owner may be sentenced to 
imprisonment for not more than three years or to payment of a 
fine of not more than $5,000, or both.  
    Sec. 6.  Minnesota Statutes 1988, section 609.55, is 
amended by adding a subdivision to read: 
    Subd. 3.  [UNAUTHORIZED RIDING.] Whoever intentionally 
rides in or on a motor vehicle knowing that the vehicle was 
taken and is being driven by another without the owner's 
permission is guilty of a misdemeanor. 
    Sec. 7.  Minnesota Statutes 1988, section 609.55, is 
amended by adding a subdivision to read: 
    Subd. 4.  [UNAUTHORIZED ENTRANCE.] Whoever intentionally 
tampers with or enters into or on a motor vehicle without the 
owner's permission is guilty of a misdemeanor. 
    Sec. 8.  Minnesota Statutes 1988, section 609.576, is 
amended to read: 
    609.576 [NEGLIGENT FIRES; DANGEROUS SMOKING.] 
    Subdivision 1.  [NEGLIGENT FIRE RESULTING IN INJURY OR 
PROPERTY DAMAGE.] Whoever is culpably negligent in causing a 
fire to burn or get out of control thereby causing damage or 
injury to another, and as a result thereof: 
    (a) a human being is injured and great bodily harm 
incurred, is guilty of a crime and may be sentenced to 
imprisonment of not more than three years or to a fine of not 
more than $5,000, or both; or 
    (b) property of another is injured, thereby, is guilty of a 
crime and may be sentenced as follows: 
    (1) to imprisonment for not more than 90 days or to payment 
of a fine of not more than $700, or both, if the value of the 
property damage is under $300; 
    (2) to imprisonment for not more than one year, or to a 
fine of $3,000 or both, if the value of the property damaged is 
at least $300 but is less than $10,000; 
    (3) to imprisonment for not less than 90 days nor more than 
three years, or to a fine of not more than $5,000, or both, if 
the value of the property damaged is $10,000 or more. 
    Subd. 2.  [DANGEROUS SMOKING.] A person is guilty of a 
misdemeanor if the person smokes in the presence of explosives 
or inflammable materials.  If a person violates this subdivision 
and knows that doing so creates a risk of death or bodily harm 
or serious property damage, the person is guilty of a felony and 
may be sentenced to imprisonment for not more than five years or 
to payment of a fine of not more than $10,000, or both. 
    Sec. 9.  Minnesota Statutes 1988, section 609.605, is 
amended to read: 
    609.605 [TRESPASSES AND OTHER ACTS TRESPASS.] 
    Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
the meanings given them for purposes of this section. 
    (i) "Premises" means real property and any appurtenant 
building or structure. 
    (ii) "Dwelling" means the building or part of a building 
used by an individual as a place of residence on either a 
full-time or a part-time basis.  A dwelling may be part of a 
multidwelling or multipurpose building, or a manufactured home 
as defined in section 168.011, subdivision 8. 
    [MISDEMEANOR.] Whoever (b) A person is guilty of a 
misdemeanor if the person 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 the actor's control 
to trespass upon a railroad track; or 
    (3) permits domestic animals or fowls under the actor's 
control to go upon on the lands land of another within a city; 
or 
    (4) (2) interferes unlawfully with any a 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) (3) trespasses upon on the premises of another and, 
without claim of right, refuses to depart therefrom from the 
premises on demand of the lawful possessor thereof; or 
    (6) (4) 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 multidwelling or multipurpose 
building, or a manufactured home as defined in section 168.011, 
subdivision 8; or 
    (7) (5) enters the premises of another with intent to take 
or injure any fruit, fruit trees, or vegetables growing thereon 
on the premises, 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) (6) enters or is found upon on 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; or 
    (13) (7) returns to the property of another with the intent 
to harass, abuse, or threaten another, after being told to leave 
the property and not to return, if the actor has no is without 
claim of right to the property and no or consent of one with 
authority to consent. 
    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. 10.  [609.681] [UNLAWFUL SMOKING.] 
    A person is guilty of a misdemeanor if the person 
intentionally 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. 
    Sec. 11.  Minnesota Statutes 1988, section 609.85, is 
amended to read: 
    609.85 [CRIMES AGAINST RAILROAD EMPLOYEES AND PROPERTY; 
PENALTY.] 
    (1) Subdivision 1.  [INTENT TO CAUSE DERAILMENT.] Whoever 
throws or deposits any type of debris or, waste material, or 
other obstruction on any railroad track or whoever causes damage 
or causes another person to damage, tamper, change or destroy 
any railroad track, switch, bridge, trestle, tunnel, signal or 
moving equipment used in providing rail services, with intention 
to cause injury, accident or derailment, is guilty of a felony. 
    (2) Subd. 2.  [FORESEEABLE RISK.] Whoever intentionally 
throws or deposits any type of debris or, waste material, or 
other obstruction on any railroad track or whoever intentionally 
causes damage or causes another person to damage, tamper, change 
or destroy any railroad track, switch, bridge, trestle, tunnel, 
signal or moving equipment used in providing rail services, 
which creates a reasonably foreseeable risk of any injury, 
accident or derailment, is guilty of a gross misdemeanor. 
    (3) Subd. 3.  [SHOOTING AT TRAIN.] Whoever intentionally 
shoots a firearm at any portion of a railroad train, car, 
caboose, engine or moving equipment so as to endanger the safety 
of another is guilty of a gross misdemeanor. 
    (4) Subd. 4.  [THROWING OBJECTS AT TRAIN.] Whoever 
intentionally throws, shoots or propels any stone, brick or 
other missile at any railroad train, car, caboose, engine or 
moving equipment, so as to endanger the safety of another is 
guilty of a gross misdemeanor. 
    Subd. 5.  [PLACING OBSTRUCTION ON TRACK.] Whoever places an 
obstruction on a railroad track is guilty of a misdemeanor. 
    Subd. 6.  [ALLOWING ANIMALS ON TRACK.] Whoever 
intentionally permits animals under the person's control to 
trespass on a railroad track is guilty of a misdemeanor. 
    Sec. 12.  [609.851] [FALSE TRAFFIC SIGNAL.] 
    Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
misdemeanor if the person exhibits a false light or signal or 
interferes with a light, signal, or sign controlling or guiding 
traffic on a highway, railroad track, navigable waters, or in 
the air. 
    Subd. 2.  [FELONY.] A person who violates subdivision 1 and 
knows that doing so creates a risk of death or bodily harm or 
serious property damage is guilty of a felony and may be 
sentenced to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both. 
    Sec. 13.  Minnesota Statutes 1988, section 609.855, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES.] Whoever 
intentionally obtains or attempts to obtain service from a 
provider of regular route transit as defined in section 174.22, 
subdivision 8, or from a public conveyance, without making the 
required fare deposit or otherwise obtaining the consent of the 
transit operator or other authorized transit representative is 
guilty of unlawfully obtaining services and may be sentenced as 
provided in subdivision 4.  
    Sec. 14.  Minnesota Statutes 1988, section 609.855, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROHIBITED ACTIVITIES.] Whoever, while riding in 
a vehicle providing regular route transit service:  
    (1) operates a radio, television, tape player, electronic 
musical instrument, or other electronic device, other than a 
watch, which amplifies music, unless the sound emanates only 
from earphones or headphones and except that vehicle operators 
may operate electronic equipment for official business; 
    (2) smokes or carries lighted smoking paraphernalia; 
    (3) consumes food or beverages, except when authorized by 
the operator or other official of the transit system; 
    (4) throws or deposits litter; or 
    (5) carries or is in control of an animal without the 
operator's consent; or 
     (6) acts in any other manner which disturbs the peace and 
quiet of another person; 
    is guilty of disruptive behavior and may be sentenced as 
provided in subdivision 4.  
    Sec. 15.  Minnesota Statutes 1988, section 624.731, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXEMPTION.] Tear gas, tear gas compounds, and 
authorized tear gas compounds shall not be classified as an 
obnoxious or harmful gas, fluid, or substance under section 
609.60, clause (5) 16.  
    Sec. 16.  [624.732] [INTENTIONAL RELEASE OF HARMFUL 
SUBSTANCE.] 
    Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
misdemeanor if the person intentionally exposes another or the 
other's property to an obnoxious or harmful gas, fluid, or 
substance, with intent to injure, molest, or coerce. 
    Subd. 2.  [FELONY.] A person who violates subdivision 1 and 
knows that doing so creates a risk of death or bodily harm or 
serious property damage is guilty of a felony and may be 
sentenced to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both. 
     Sec. 17.  Minnesota Statutes 1988, section 629.363, is 
amended to read: 
    629.363 [RAILWAY CONDUCTOR; AUTHORITY TO ARREST.] 
    A conductor of a railway train may arrest a person 
committing an act upon the train prohibited by sections 609.605 
10, 13, and 609.72 with or without a warrant, and take that 
person to the proper law enforcement authorities, or to the 
station agent at the next railway station.  The station agent 
shall take the arrested person to the law enforcement 
authorities.  A conductor or station agent possesses the powers 
of a sheriff with a warrant in making arrests under this chapter.
    Sec. 18.  [REPEALER.] 
    Minnesota Statutes 1988, section 609.60 is repealed. 
    Sec. 19.  [EFFECTIVE DATE.] 
    Sections 1 to 18 are effective August 1, 1989, and apply to 
crimes committed on or after that date. 
    Presented to the governor March 7, 1989 
    Signed by the governor March 9, 1989, 6:53 p.m.