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Office of the Revisor of Statutes

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

                            CHAPTER 176-H.F.No. 621 
                  An act relating to public safety; adding various arson 
                  definitions relating to flammability; imposing 
                  penalties on students who use ignition devices inside 
                  educational buildings; amending Minnesota Statutes 
                  1998, sections 609.561, subdivision 3; and 609.5631, 
                  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 1998, section 609.561, 
        subdivision 3, is amended to read: 
           Subd. 3.  (a) Whoever unlawfully by means of fire or 
        explosives, intentionally destroys or damages any building not 
        included in subdivision 1, whether the property of the actor or 
        another, commits arson in the first degree if a combustible or 
        flammable liquid flammable material is used to start or 
        accelerate the fire and.  A person who violates this paragraph 
        may be sentenced to imprisonment for not more than 20 years or a 
        fine of not more than $20,000, or both. 
           (b) As used in this subdivision,: 
           (1) "combustible liquid" means a liquid having a flash 
        point at or above 100 degrees Fahrenheit; 
           (2) "flammable gas" means any material which is a gas at 68 
        degrees Fahrenheit or less and 14.7 psi of pressure and which: 
        (i) is ignitable when in a mixture of 13 percent or less by 
        volume with air at atmospheric pressure; or (ii) has a flammable 
        range with air at atmospheric pressure of at least 12 percent, 
        regardless of the lower flammable limit; 
           (3) "flammable liquid" means any liquid having a flash 
        point below 100 degrees Fahrenheit and having a vapor pressure 
        not exceeding 40 pounds per square inch (absolute) at 100 
        degrees Fahrenheit, but does not include intoxicating liquor as 
        defined in section 340A.101.  As used in this subdivision, 
        "combustible liquid" means a liquid having a flash point at or 
        above 100 degrees Fahrenheit; 
           (4) "flammable material" means a flammable or combustible 
        liquid, a flammable gas, or a flammable solid; and 
           (5) "flammable solid" means any of the following three 
        types of materials:  (i) wetted explosives; (ii) self-reactive 
        materials that are liable to undergo heat-producing 
        decomposition; or (iii) readily combustible solids that may 
        cause a fire through friction or that have a rapid burning rate 
        as determined by specific flammability tests. 
           Sec. 2.  Minnesota Statutes 1998, section 609.5631, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CRIME DESCRIBED.] Whoever intentionally by means 
        of fire or explosives sets fire to or burns or causes to be 
        burned any real or personal property in a multiple unit 
        residential building or public building and arson in the first, 
        second, or third degree was not committed is guilty of a gross 
        misdemeanor and 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.  
           Sec. 3.  [609.5633] [USE OF IGNITION DEVICES; PETTY 
        MISDEMEANOR.] 
           A student who uses an ignition device, including a butane 
        or disposable lighter or matches, inside an educational building 
        and under circumstances where there is an obvious risk of fire, 
        and arson in the first, second, third, or fourth degree was not 
        committed, is guilty of a petty misdemeanor.  This section does 
        not apply if the student uses the device in a manner authorized 
        by the school. 
           For the purposes of this section, "student" has the meaning 
        given in section 123B.41, subdivision 11. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective August 1, 1999, and apply to 
        acts committed on or after that date. 
           Presented to the governor May 14, 1999 
           Signed by the governor May 18, 1999, 4:19 p.m.