Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 494-S.F.No. 2132 
           An act relating to crimes; making it a crime to obtain 
          telecommunication services by fraud; requiring 
          forfeiture of telecommunication devices used for 
          fraudulent purposes; prescribing penalties; amending 
          Minnesota Statutes 1988, section 609.87, subdivisions 
          3 and 5; Minnesota Statutes 1989 Supplement, section 
          609.531, subdivision 1; proposing coding for new law 
          in Minnesota Statutes, chapters 237 and 609; repealing 
          Minnesota Statutes 1988, section 609.785. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [237.73] [OBTAINING SERVICES BY FRAUD; 
INJUNCTION.] 
    Subdivision 1.  [EQUITABLE RELIEF.] Whenever it appears 
that a person is engaged in an act that constitutes or will 
constitute a violation of section 6, a representative of a 
telecommunications provider or a person harmed by an alleged 
violation of section 6 may begin a civil proceeding in a 
district court to enjoin the violation and may petition the 
court to issue an order for the discontinuance of telephone 
service. 
    Subd. 2.  [VENUE.] An action under this section must be 
brought in the county in which subject matter of the action, or 
some part of it, is located or found, and must be commenced by 
the filing of a complaint that must be verified by affidavit. 
    Subd. 3.  [TEMPORARY RESTRAINING ORDER.] If it is shown to 
the satisfaction of the court, either by verified complaint or 
affidavit, that a person is engaged in an act that constitutes a 
violation of section 6, the court shall issue a temporary 
restraining order to abate and prevent the continuance or 
recurrence of the act.  Notice of the complaint shall be given 
and a hearing on the issuance of a temporary restraining order 
shall be held under the rules of civil procedure.  The court 
shall direct the county sheriff to seize and keep until further 
order of the court any device that is being used in violation of 
section 6.  The temporary restraining order expires after ten 
days. 
    Subd. 4.  [PERMANENT INJUNCTION.] The court may issue a 
permanent injunction to restrain, abate, or prevent the 
continuance or recurrence of the violation of section 6.  The 
court may grant declaratory relief, mandatory orders, or any 
other relief it judges necessary to accomplish the purposes of 
the injunction.  The court may keep jurisdiction of the case for 
the purpose of enforcing its orders. 
    Subd. 5.  [DISCONTINUANCE OF TELEPHONE SERVICE.] If it is 
shown to the satisfaction of the court, by affidavit, that a 
person is engaged in an act that constitutes a violation of 
section 6, the court may issue an order that shall be promptly 
served upon the person in whose name the telecommunications 
device is listed, requiring the party, within a reasonable time 
to be fixed by the court but not exceeding 48 hours from the 
time of service of the petition on said party, to show cause 
before the judge why telephone service should not promptly be 
discontinued.  At the hearing, the burden of proof is on the 
complainant. 
    Subd. 6.  [DISCONNECT ORDER.] Upon a finding by the court 
that the telecommunications device is being used or has been 
used in violation of section 6, the court shall issue an order 
requiring the telephone company that is rendering service over 
the device to disconnect the service.  Upon receipt of the 
order, that shall be served upon an officer of the telephone 
company by the sheriff of the county in which the 
telecommunications device is installed or by a duly authorized 
deputy, the telephone company shall proceed promptly to 
disconnect and remove the service and discontinue all telephone 
service until further order of the court. 
    Subd. 7.  [NECESSARY PARTY.] The telecommunications 
provider or person who petitions the court for the removal of a 
telecommunications device under this section shall be a 
necessary party to a proceeding or action arising out of or 
under section 6. 
    Subd. 8.  [IMMUNITY.] No telephone company is liable for 
any damages, penalty, or forfeiture, whether civil or criminal, 
for an act performed in compliance with an order issued by the 
court. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
609.531, subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5317, the following terms have the meanings given 
them.  
    (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
    (b) "Weapon used" means a weapon used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
    (c) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
    (d) "Contraband" means property which is illegal to possess 
under Minnesota law.  
    (e) "Appropriate agency" means the bureau of criminal 
apprehension, the Minnesota state patrol, a county sheriff's 
department, the suburban Hennepin regional park district park 
rangers, or a city or airport police department.  
    (f) "Designated offense" includes:  
    (1) For weapons used:  any violation of this chapter; 
    (2) For all other purposes:  a felony violation of, or a 
felony-level attempt or conspiracy to violate, section 609.185; 
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 
609.24; 609.245; 609.25; 609.255; 609.322; 609.342, subdivision 
1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to 
(f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 
609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 
609.59; 609.595; 609.631; 609.671, subdivisions 3, 4, and 5; 
609.687; 609.821; 609.825; 609.86; 609.88; 609.89; section 1; 
617.246; or a gross misdemeanor or felony violation of section 
609.891.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Sec. 3.  Minnesota Statutes 1988, section 609.87, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPUTER.] "Computer" means an electronic device 
which performs logical, arithmetic and or memory functions by 
the manipulations of signals, including but not limited to 
electronic or magnetic impulses.  
    Sec. 4.  Minnesota Statutes 1988, section 609.87, 
subdivision 5, is amended to read: 
    Subd. 5.  [COMPUTER NETWORK.] "Computer network" means the 
interconnection of a communication system with a computer 
through a remote terminal, or with two or more interconnected 
computers or computer systems, and includes private and public 
telecommunications networks. 
    Sec. 5.  [609.892] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 and 6 to 8. 
    Subd. 2.  [ACCESS DEVICE.] "Access device" means a card, 
plate, code, account number, or other means of account access 
that can be used, alone or in conjunction with another access 
device, to obtain telecommunications service. 
    Subd. 3.  [CREDIT CARD NUMBER.] "Credit card number" means 
the card number appearing on a credit card that is an 
identification card or plate issued to a person by a supplier of 
telecommunications service that permits the person to whom the 
card has been issued to obtain telecommunications service on 
credit.  The term includes the number or description of the card 
or plate even if the card or plate itself is not produced when 
obtaining telecommunications service. 
    Subd. 4.  [TELECOMMUNICATIONS DEVICE.] "Telecommunications 
device" means an instrument, apparatus, equipment mechanism, 
operating procedure, or code designed or adapted for a 
particular use and that is intended or can be used in violation 
of section 6.  The term includes but is not limited to computer 
hardware, software, programs, electronic mail system, voice mail 
system, identification validation system, private branch 
exchange, or any other means of facilitating telecommunications 
service. 
    Subd. 5.  [TELECOMMUNICATIONS PROVIDER.] 
"Telecommunications provider" means a person, firm, association, 
or a corporation, private or municipal, owning, operating, or 
managing facilities used to provide telecommunications service. 
    Subd. 6.  [TELECOMMUNICATIONS SERVICE.] "Telecommunications 
service" means a service that, in exchange for a pecuniary 
consideration, provides or offers to provide transmission of 
messages, signals, facsimiles, or other communication between 
persons who are physically separated from each other by 
telephone, telegraph, cable, wire, fiber optic cable, or the 
projection of energy without physical connection.  This term 
applies when the telecommunications service originates or ends 
or both originates and ends in this state. 
    Subd. 7.  [TELEPHONE COMPANY.] "Telephone company" means a 
telecommunications provider that provides local exchange 
telecommunications service. 
    Sec. 6.  [609.893] [TELECOMMUNICATIONS AND INFORMATION 
SERVICES FRAUD; CRIME DEFINED.] 
    Subdivision 1.  [OBTAINING SERVICES BY FRAUD.] A person 
commits telecommunications and information services fraud and 
may be sentenced as provided in subdivision 3 if the person, 
with intent to evade a lawful charge, obtains telecommunications 
service for the person's own use by any fraudulent means.  
    Subd. 2.  [FACILITATION OF TELECOMMUNICATIONS FRAUD.] A 
person commits a felony and may be sentenced as provided in 
subdivision 4 who: 
    (1) makes available to another, or offers or advertises to 
make available, a telecommunications device or information in 
order to facilitate violation of subdivision 1 by another; or 
    (2) makes, assembles, or possesses a telecommunications 
device that is designed or adapted to violate subdivision 1 or 
to conceal from a provider of telecommunications service or from 
a lawful authority, the existence or place of origin or 
destination of telecommunications service. 
    Subd. 3.  [FRAUD.] (a) Whoever commits telecommunications 
and information services fraud in violation of subdivision 1 may 
be sentenced as follows: 
    (1) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
value of the services is in excess of $2,500; 
    (2) to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, if the 
value of the services is more than $500 but not more than 
$2,500; or 
    (3) in all other cases, to imprisonment for not more than 
90 days or to payment of a fine of not more than $700, or both. 
    (b) Amounts involved in a violation of paragraph (a) under 
one scheme or course of conduct, whether from the same credit 
card number or several credit card numbers, may be aggregated in 
determining the classification of the offense. 
    Subd. 4.  [FACILITATION OF FRAUD.] Whoever violates 
subdivision 2 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. 7.  [REPEALER.] 
    Minnesota Statutes 1988, section 609.785, is repealed. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective August 1, 1990, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:47 p.m.