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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1990 

                        CHAPTER 478-H.F.No. 2131 
           An act relating to crimes; prohibiting wildfire arson; 
          providing criminal penalties and liability for fire 
          suppression costs; amending Minnesota Statutes 1988, 
          section 609.564; 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 1988, section 609.564, is 
amended to read: 
    609.564 [EXCLUDED FIRES.] 
    A person does not violate section 609.561, 609.562, or 
609.563, or section 2 if the person sets a fire pursuant to a 
validly issued license or permit or with written permission from 
the fire department of the jurisdiction where the fire occurs.  
    Sec. 2.  [609.5641] [WILDFIRE ARSON.] 
    Subdivision 1.  [SETTING WILDFIRES.] A person is guilty of 
a felony who intentionally sets a fire to burn out of control on 
land of another containing timber, underbrush, grass, or other 
vegetative combustible material.  
    Subd. 2.  [POSSESSION OF FLAMMABLES TO SET WILDFIRES.] A 
person is guilty of a gross misdemeanor who possesses a 
flammable, explosive, or incendiary device, substance, or 
material with intent to use the device, substance, or material 
to violate subdivision 1.  
    Subd. 3.  [PENALTY; RESTITUTION.] (a) A person who violates 
subdivision 1 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. 
    (b) A person who violates subdivision 2 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. 
    (c) In addition to the sentence otherwise authorized, the 
court may order a person who is convicted of violating this 
section to pay fire suppression costs and damages to the owner 
of the damaged land. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1990, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 19, 1990 
    Signed by the governor April 20, 1990, 10:41 a.m.