language to be deleted (2) new language
relating to crime; clarifying the crime of failure to pay court-ordered support;
amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Whoever is legally obligated to provide care and support to a spouse or child, whether or not the child's custody has been granted to another, and knowingly omits and fails to do so is guilty of a misdemeanor, and upon conviction may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Upon conviction under this section, a defendant may obtain work release only upon the imposition of an automatic income withholding order, and may be required to post a bond in avoidance of jail time and conditioned upon payment of all child support owed. Nonpayment of child support is a violation of any probation granted following conviction under subdivision 2a.
It is an affirmative defense to criminal liability under this section if the defendant proves by a preponderance of the evidence that the omission and failure to provide care and support were with lawful excuse.
Presented to the governor May 12, 2014
Signed by the governor May 13, 2014, 12:08 p.m.