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

CHAPTER 89--H.F.No. 1442

An act

relating to the military; modifying the Minnesota Code of Military Justice; making changes to data provisions; modifying certain requirements and qualifications; making jurisdictional and appellate changes; providing punitive article updates; providing punishable offenses under the military code; providing penalties;

amending Minnesota Statutes 2020, sections 192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 606.06; proposing coding for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2020, section 192A.385.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

DATA ACCESS

Section 1.

Minnesota Statutes 2020, section 192.67, is amended to read:

192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIESnew text begin ; SERVICE MEMBER DATAnew text end .

new text begin Subdivision 1. new text end

new text begin Transfer to civil authorities. new text end

When any deleted text begin felonydeleted text end new text begin criminal offensenew text end is committed by any officer or enlisted member of the military forces while on duty status other than deleted text begin active statedeleted text end new text begin federalnew text end duty, the officer or enlisted member shall be turned over by superior officers to the proper civil authorities of the county or municipality in which the offense occurred for punishment for such crime, but such trial and punishment by the civil authorities shall not preclude trial and additional punishment or dismissal from the service by court-martial for any military offense resulting from the commission of said crime.

new text begin Subd. 2. new text end

new text begin Service member data. new text end

new text begin Notwithstanding any provision of chapter 13 or other state law, all investigative reports and law enforcement data, including but not limited to all data collected and defined under section 13.82 pertaining to any service member of the military forces must be made accessible to the adjutant general of the Minnesota National Guard upon request of the Office of the State Judge Advocate. All information, data, and records obtained under this subdivision may be accessed, copied, transmitted, or provided to the adjutant general without a court order or request from the subject of the data when the matter involves any officer or enlisted member of the military forces. The adjutant general may only use data made accessible under this subdivision in support of military justice and Minnesota National Guard administrative and disciplinary actions. new text end

ARTICLE 2

BAR ADMISSION; JUDICIAL QUALIFICATIONS

Section 1.

new text begin [192A.041] PRACTICE OF MILITARY LAW. new text end

new text begin Any commissioned officer of a United States state or territory military force who meets the following qualifications may be accepted by the state judge advocate to conduct any and all administrative or Minnesota Code of Military Justice activities under this code and is exempt from section 481.02: new text end

new text begin (1) has served as a member of the Judge Advocate Generals Corps for not less than two years; new text end

new text begin (2) is currently certified as competent for such duty by the Judge Advocate General of the military force of which the individual is a member; and new text end

new text begin (3) is a member of good standing of the bar of the highest court of any state. new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.15, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

There is hereby established a military judge system for the deleted text begin statedeleted text end military forces. The military judge system shall be in the Military Department under the command of the adjutant general. It shall consist of at least two military judges, a number of legal clerks equal to the number of judges and such additional military staff as is necessary.

Sec. 3.

Minnesota Statutes 2020, section 192A.15, subdivision 2, is amended to read:

Subd. 2.

Qualifications of military judge.

A military judge shall be a commissioned officer of the state military forces who has been a member of the bar of deleted text begin thisdeleted text end new text begin anynew text end state for at least six years, who has served as a member of the Judge Advocate Generals Corps for not less than three years, deleted text begin anddeleted text end who is certified to be qualified for such duty by the deleted text begin statedeleted text end Judge Advocatenew text begin General of the armed force of which the officer is a member, and who is accepted by the state judge advocate to conduct any and all administrative or Minnesota Code of Military Justice activities under this codenew text end .

Sec. 4.

Minnesota Statutes 2020, section 192A.155, subdivision 2, is amended to read:

Subd. 2.

Qualifications of counsel.

Trial counsel or defense counsel detailed for a general, special, or summary court-martial:

(1) must be a person who is a member of the bar of the highest court of deleted text begin thedeleted text end new text begin anynew text end state, or a member of the bar of a federal court; and

(2) must be certified as competent to perform such duties by the deleted text begin statedeleted text end Judge Advocatenew text begin General of the armed force of which the individual is a membernew text end .

ARTICLE 3

JURISDICTION CHANGES

Section 1.

Minnesota Statutes 2020, section 192A.02, subdivision 2, is amended to read:

Subd. 2.

Military service deleted text begin in Minnesotadeleted text end .

This code deleted text begin alsodeleted text end applies deleted text begin to all persons in the military while they are serving within this state and while they are under the command of a commissioned officer of the state military forces.deleted text end new text begin to a member of the military when the member is in a status provided for by United States Code, title 32, a regulation adopted pursuant to United States Code, title 32, or in state active service. This military service includes:new text end

new text begin (1) travel to and from the inactive-duty training site of the member, pursuant to orders or regulations; new text end

new text begin (2) intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations; and new text end

new text begin (3) intervals between inactive-duty training on consecutive days, pursuant to orders or regulations. new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.384, is amended to read:

192A.384 OFFENSES SUBJECT TO COURT-MARTIAL.

The jurisdiction of courts-martial deleted text begin shall bedeleted text end new text begin under this code isnew text end limited to violations of the punitive articles deleted text begin in this codedeleted text end new text begin prescribed by the manual for courts-martial of the United States, assimilated under any Minnesota state law as referenced under section 192A.605, or by the Minnesota Code of Military Justicenew text end . Any person subject to this code who is charged with the commission of an offense which is not an offense under this code new text begin or the manual for courts-martial of the United States new text end may be surrendered to civil authorities for process in accordance with civil law.

ARTICLE 4

TRIAL PROCEDURE

Section 1.

Minnesota Statutes 2020, section 192A.20, is amended to read:

192A.20 GOVERNOR MAY PRESCRIBE RULES.

The procedure, including modes of proof, in cases before military courts and other military tribunals new text begin organized under this code new text end may be prescribed by the governor or the adjutant general by rules, which shall, so far as the governor or the adjutant general considers practicable, apply the principles of law and the rules of evidence generally recognized in the deleted text begin trial of criminal cases in the courts of the statedeleted text end new text begin manual for courts-martial of the United Statesnew text end , but which may not be contrary to or inconsistent with this code.

Sec. 2.

Minnesota Statutes 2020, section 192A.235, subdivision 3, is amended to read:

Subd. 3.

Three-year limitation.

Except as otherwise provided in subdivision 1, and section 628.26, a person charged with any offense is not liable to be tried by court-martial or punished under section 192A.0851 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under section 192A.0851.new text begin The limitation for violations of any offense prescribed under this section shall be the lesser of the limitation prescribed by the manual for courts-martial of the United States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance shall any limitation exceed that authorized by this code.new text end

ARTICLE 5

SENTENCES

Section 1.

Minnesota Statutes 2020, section 192A.343, subdivision 3, is amended to read:

Subd. 3.

Action on findings.

(a) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.

(b) Action on the sentence of a court-martial shall be taken by the convening authority. The action may be taken only after the consideration of any matters submitted by the accused under subdivision 2 or after the time for submitting the matter expires, whichever is earlier. The convening authority, in that person's sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.

(c) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person's sole discretion, may:

(1) dismiss any charge or specification by setting aside a finding of guilty; or

(2) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

new text begin (d) The convening authority or other person acting under this section shall issue a final order at the conclusion of the court-martial proceeding, including any proceeding in revision, rehearing, and reconsideration under subdivision 5. The final order shall be promptly served on the accused. new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.353, subdivision 2, is amended to read:

Subd. 2.

Appeal forwarded.

An appeal under this section shall deleted text begin be forwarded to the courtdeleted text end new text begin proceed asnew text end prescribed in section 192A.371. In ruling on an appeal under this section, that court may act only with respect to matters of law.

Sec. 3.

Minnesota Statutes 2020, section 192A.371, is amended to read:

192A.371 REVIEW BY STATE APPELLATE AUTHORITY.

new text begin Subdivision 1. new text end

new text begin Certiorari. new text end

deleted text begin Decisions of a special or general courts-martial may be appealed to the Minnesota Court of Appeals according to the Minnesota Rules of Criminal and Appellate Procedure. deleted text end new text begin (a) A review of any final order of a special or general court-martial proceeding may be had upon certiorari by the supreme court upon petition of any party to the proceeding. The review may be had on the ground that: (1) the court-martial was without jurisdiction, or (2) the findings of the court-martial and the final order of the convening authority: (i) were not justified by the evidence; (ii) were not in conformity with this code, military law or other law applicable to the proceedings, or the Classified Information Procedures Act; or (iii) were affected by any other error of law. new text end

new text begin (b) A writ of certiorari for review under this section is a matter of right. new text end

new text begin Subd. 2. new text end

new text begin Service of writ. new text end

new text begin (a) Within 60 days after notice of the final order of a court-martial proceeding, the petitioner for review shall obtain from the supreme court a writ of certiorari, shall serve the same upon all other parties appearing in the court-martial proceeding, and shall file the original writ of certiorari and proof of service with the court administrator of the court-martial. No fee or bond is required for either obtaining a writ of certiorari or the associated filings required under this paragraph. new text end

new text begin (b) Return upon the writ shall be made to the supreme court and the matter shall be heard and determined by the court in accordance with the rules of civil appellate procedure applicable to decisions reviewable by certiorari directly in the supreme court. new text end

Sec. 4.

Minnesota Statutes 2020, section 606.06, is amended to read:

606.06 CERTIORARIdeleted text begin ; ADMINISTRATIVE DECISIONSdeleted text end .

A writ of certiorari for review of an administrative decision pursuant to chapter 14new text begin or of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to this codenew text end is a matter of right.

ARTICLE 6

PUNITIVE ARTICLES UPDATES

Section 1.

Minnesota Statutes 2020, section 192A.021, is amended to read:

192A.021 PURELY MILITARY OFFENSES.

new text begin (a) new text end Purely military offenses include the offenses contained in the following sections: 192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41 (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43 (Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445 (Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer), 192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46 (Insubordinate conduct toward warrant officer or noncommissioned officer), 192A.465 (Failure to obey order or rule), 192A.47 (Cruelty and maltreatment), 192A.475 (Mutiny or sedition), 192A.48 (Resistance, breach of arrest, and escape), 192A.495 (Noncompliance with procedural rules), 192A.50 (Misbehavior before the enemy), 192A.51 (Improper use of countersign), 192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54 (Military property; loss, damage, destruction, or wrongful disposition), 192A.55 (Improper hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post before relief), new text begin 192A.566 (Illegal presence of controlled substance while in duty status), new text end 192A.57 (Malingering), 192A.60 (Conduct unbecoming an officer), deleted text begin anddeleted text end 192A.605 (General article)new text begin , 192A.70 (Prohibited activities with military recruit or trainee by person in a position of special trust), 192A.701 (Nonconsensual distribution of intimate images), 192A.703 (Unauthorized use of government computer), and 192A.704 (Retaliation)new text end .

new text begin (b) Upon request of the governor or the adjutant general, the superintendent of the Bureau of Criminal Apprehension shall investigate military offenses or any other act or omission under this code within the jurisdiction of the military courts and tribunals. new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.111, is amended to read:

192A.111 MAXIMUM LIMITS.

Subdivision 1.

Punishment limits.

The punishment deleted text begin that a court-martial may direct for an offense may not exceed limits prescribed by this code.deleted text end new text begin for a violation of this code is limited to the lesser of the sentence prescribed by the manual for courts-martial of the United States in effect at the time of the offense or the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. A court-martial sentence must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of death.new text end

Subd. 2.

Level of offense.

(a) deleted text begin Subject to paragraphs (b) and (c),deleted text end new text begin A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than one year is a felony offense. new text end All new text begin other new text end military offenses are misdemeanorsdeleted text begin , and a sentence of confinement must not exceed 90 daysdeleted text end .

(b) In cases where the civilian authorities decline to prosecute and court-martial jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level of offense and punishment new text begin that new text end a court-martial is authorized is defined by the level of offense and punishments authorized under deleted text begin the statutedeleted text end new text begin any Minnesota state law or the manual for courts-martial of the United Statesnew text end for the assimilated crime.

(c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary loss of new text begin less than new text end $1,000 deleted text begin or moredeleted text end , confinement deleted text begin must not exceed ten years. A sentence of confinement for more than one year is a felony offensedeleted text end new text begin shall be limited to that prescribed by a special court-martialnew text end .

(d) Any conviction by a summary courts-martial is not a criminal conviction.

deleted text begin (e) The limits of punishment for violations of the purely military offenses prescribed under this section shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States, and the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. deleted text end

Sec. 3.

Minnesota Statutes 2020, section 192A.56, is amended to read:

192A.56 UNDER THE INFLUENCE OF ALCOHOL new text begin OR CONTROLLED SUBSTANCE new text end WHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE RELIEF.

Any person subject to this code who is found to be under the influence of alcohol new text begin or a controlled substance as defined in section 192A.566 without a valid medical prescription new text end while on duty or sleeping upon an assigned post, or who leaves that post before being regularly relieved, shall be punished as a court-martial may direct.

Sec. 4.

Minnesota Statutes 2020, section 192A.612, is amended to read:

192A.612 SEARCH WARRANTS.

deleted text begin During any period of active service under section 190.05, subdivision 5a or 5b,deleted text end A military judge is authorized to issue search warrants, directed to a member of the military police of the state military forcesnew text begin or any peace officer defined under section 626.05new text end , to search any person, place, deleted text begin or vehicle within the confines of the property or premises being used for such active service or any person or vehicle pursued therefromdeleted text end new text begin item or property when there is probable cause that a member of the state military forces has committed an offense subject to either concurrent or exclusive military jurisdiction during a period of active service as defined in section 190.05, subdivisions 5a and 5b, and seize items in accordance with lawnew text end . No search warrant shall be issued except upon probable cause, supported by affidavit or sworn testimony naming and describing the person and particularly describing the property or thing to be seized and particularly describing the place to be searched.

Sec. 5.

Minnesota Statutes 2020, section 192A.62, is amended to read:

192A.62 SECTIONS TO BE EXPLAINED.

Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.0851, 192A.155, 192A.205, deleted text begin 192A.385deleted text end new text begin 192A.39new text end to 192A.595, and 192A.62 to 192A.63 shall be carefully explained to every enlisted member at the time of the member's enlistment or transfer or induction into, or at the time of the member's order to duty in or with any of the state military forces or within 30 days thereafter. They shall also be explained annually to each unit of the state military forces. A complete text of this code and of the rules prescribed by the governor thereunder shall be made available to any member of the state military forces, upon the member's request, for personal examination. Failure to provide briefings to soldiers or otherwise explain this code to soldiers shall not be a defense to a court-martial proceeding, except as mitigation in sentencing.

Sec. 6.

new text begin [192A.70] PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this subdivision have the meanings given them. new text end

new text begin (1) "Applicant for military service" means a person who, under regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, is an applicant for original enlistment or appointment in the armed forces. new text end

new text begin (2) "Military recruiter" means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service. new text end

new text begin (3) "Prohibited sexual activity" means, as specified in regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, inappropriate physical intimacy under circumstances described in such regulations. new text end

new text begin (4) "Specially protected junior member of the armed forces" means: new text end

new text begin (i) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program; new text end

new text begin (ii) a member of the armed forces who is a cadet, an officer candidate, or a student in any other officer qualification program; and new text end

new text begin (iii) a member of the armed forces in any program that, by regulation prescribed by the secretary concerned or a Minnesota National Guard authority, or designee concerned, is identified as a training program for initial career qualification. new text end

new text begin (5) "Training leadership position" means, with respect to a specially protected junior member of the armed forces, any of the following: new text end

new text begin (i) any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification; and new text end

new text begin (ii) faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, and the Minnesota National Guard Regional Training Institute. new text end

new text begin Subd. 2. new text end

new text begin Abuse of training leadership position. new text end

new text begin Any person subject to this code: new text end

new text begin (1) who is an officer or a noncommissioned officer; new text end

new text begin (2) who is in a training leadership position with respect to a specially protected junior member of the armed forces; and new text end

new text begin (3) who engages in prohibited sexual activity with the specially protected junior member of the armed forces; new text end

new text begin shall be punished as a court-martial may direct. new text end

new text begin Subd. 3. new text end

new text begin Abuse of position as military recruiter. new text end

new text begin Any person subject to this code: new text end

new text begin (1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or new text end

new text begin (2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; new text end

new text begin shall be punished as a court-martial may direct. new text end

new text begin Subd. 4. new text end

new text begin Consent. new text end

new text begin Consent is not a defense for any conduct at issue in a prosecution under this section. new text end

Sec. 7.

new text begin [192A.701] NONCONSENSUAL DISTRIBUTION OF INTIMATE IMAGES. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this subdivision have the meanings given them. new text end

new text begin (1) "Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons. new text end

new text begin (2) "Distribute" means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. new text end

new text begin (3) "Intimate visual image" means a visual image that depicts a private area of a person. new text end

new text begin (4) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. new text end

new text begin (5) "Reasonable expectation of privacy" means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public. new text end

new text begin (6) "Sexually explicit conduct" means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse. new text end

new text begin (7) "Visual image" means: new text end

new text begin (i) any developed or undeveloped photograph, picture, film, or video; new text end

new text begin (ii) any digital or computer image, picture, film, or video made by any means or transmitted by any means, including streaming media, even if not stored in a permanent format; or new text end

new text begin (iii) any digital or electronic data capable of conversion into a visual image. new text end

new text begin Subd. 2. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code: new text end

new text begin (1) who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who: new text end

new text begin (i) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created; new text end

new text begin (ii) is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and new text end

new text begin (iii) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; new text end

new text begin (2) who knows that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; new text end

new text begin (3) who possesses the intent to broadcast or distribute an intimate visual image or visual image of sexually explicit conduct: new text end

new text begin (i) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or new text end

new text begin (ii) to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships; and new text end

new text begin (4) whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment; new text end

new text begin is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct. new text end

Sec. 8.

new text begin [192A.702] FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER ACCESS DEVICES. new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code who knowingly, with intent to defraud, uses: new text end

new text begin (1) a stolen credit card, debit card, or other access device; new text end

new text begin (2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access device; or new text end

new text begin (3) a credit card, debit card, or other access device without the authorization of a person whose authorization was required for use, including a government purchase card or government travel card without conforming to the published federal or Minnesota National Guard procedures at the time of use; new text end

new text begin to obtain money, property, services, or anything else of value shall be punished as a court-martial may direct. new text end

new text begin Subd. 2. new text end

new text begin Access device defined. new text end

new text begin As used in this section, "access device" has the meaning given in United States Code, title 18, section 1029. new text end

Sec. 9.

new text begin [192A.703] UNAUTHORIZED USE OF GOVERNMENT COMPUTER. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this subdivision have the meanings given them. new text end

new text begin (1) "Computer" has the meaning given in United States Code, title 18, section 1030. new text end

new text begin (2) "Damage" has the meaning given in United States Code, title 18, section 1030. new text end

new text begin (3) "Government computer" means a computer owned or operated by or on behalf of the United States government or the state of Minnesota. new text end

new text begin Subd. 2. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code who: new text end

new text begin (1) knowingly accesses a government computer with an unauthorized purpose and by doing so obtains classified information, with reason to believe the information could be used to the injury of the United States or the state of Minnesota or to the advantage of any foreign nation, and intentionally communicates, delivers, or transmits or causes to be communicated, delivered, or transmitted the information to any person not entitled to receive it; new text end

new text begin (2) intentionally accesses a government computer with an unauthorized purpose and thereby obtains classified or other protected information from any government computer; or new text end

new text begin (3) knowingly causes the transmission of a program, information, code, or command, and as a result intentionally causes damage without authorization to a government computer; new text end

new text begin shall be punished as a court-martial may direct. new text end

Sec. 10.

new text begin [192A.704] RETALIATION. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this subdivision have the meanings given them. new text end

new text begin (1) "Covered individual or organization" means any recipient of a communication specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v). new text end

new text begin (2) "Inspector general" has the meaning given in United States Code, title 10, section 1034(j). new text end

new text begin (3) "Protected communication" means: new text end

new text begin (i) a lawful communication to a member of Congress, a state legislator, or an inspector general; and new text end

new text begin (ii) a communication to a covered individual or organization, to include the Office of the Governor, in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of any of the following: new text end

new text begin (A) a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or new text end

new text begin (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. new text end

new text begin Subd. 2. new text end

new text begin Crimes defined. new text end

new text begin Any person subject to this code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication: new text end

new text begin (1) wrongfully takes or threatens to take an adverse personnel action against any person; or new text end

new text begin (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; new text end

new text begin shall be punished as a court-martial may direct. new text end

Sec. 11.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall recodify the following sections in article 6: sections 6 to 10, recodify Minnesota Statutes, section 192A.70 as 192A.6011; section 192A.701 as 192A.6012; section 192A.702 as section 192A.6013; section 192A.703 as section 192A.6014; and section 192A.704 as section 192A.6015. The revisor shall correct any cross-references made necessary by this recodification. new text end

Sec. 12.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2020, section 192A.385, new text end new text begin is repealed. new text end

Presented to the governor May 24, 2022

Signed by the governor June 2, 2022, 2:08 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes