Minnesota Session Laws - 2020, Regular Session

CHAPTER 96--H.F.No. 4137

An act

relating to public safety; requiring intent for the crimes of repeated harassing conduct;

amending Minnesota Statutes 2018, sections 609.79, subdivision 1; 609.795, subdivision 1; Minnesota Statutes 2019 Supplement, sections 504B.206, subdivision 1; 609.749, subdivisions 2, 3; repealing Minnesota Statutes 2018, section 609.749, subdivision 1a; Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 504B.206, subdivision 1, is amended to read:

Subdivision 1.

Right to terminate; procedure.

(a) A tenant to a residential lease may terminate a lease agreement in the manner provided in this section without penalty or liability, if the tenant or another authorized occupant fears imminent violence after being subjected to:

(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;

(2) criminal sexual conduct under sections 609.342 to 609.3451; or

(3) deleted text begin harass, as that term is defined deleted text end new text begin harassment new text end under section 609.749 deleted text begin , subdivision 1 deleted text end .

(b) The tenant must provide signed and dated advance written notice to the landlord:

(1) stating the tenant fears imminent violence from a person as indicated in a qualifying document against the tenant or an authorized occupant if the tenant or authorized occupant remains in the leased premises;

(2) stating that the tenant needs to terminate the tenancy;

(3) providing the date by which the tenant will vacate; and

(4) providing written instructions for the disposition of any remaining personal property in accordance with section 504B.271.

(c) The written notice must be delivered before the termination of the tenancy by mail, fax, or in person, and be accompanied by a qualifying document.

(d) The landlord may request that the tenant disclose the name of the perpetrator and, if a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants in the building. The tenant may decline to provide the name of the perpetrator for safety reasons. Disclosure shall not be a precondition of terminating the lease.

(e) The tenancy terminates, including the right of possession of the premises, as provided in subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020. new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 609.749, subdivision 2, is amended to read:

Subd. 2.

Harassment crimes.

new text begin (a) As used in this subdivision, the following terms have the meanings given: new text end

new text begin (1) "family or household members" has the meaning given in section 518B.01, subdivision 2, paragraph (b); new text end

new text begin (2) "personal information" has the meaning given in section 617.261, subdivision 7, paragraph (f); new text end

new text begin (3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph (g); and new text end

new text begin (4) "substantial emotional distress" means mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act including but not limited to seeking psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity. new text end

new text begin (b) new text end A person who deleted text begin harasses another by committing deleted text end new text begin commits new text end any of the deleted text begin following deleted text end acts new text begin listed in paragraph (c) new text end is guilty of a gross misdemeanor new text begin if the person, with the intent to kill, injure, harass, or intimidate another person new text end :

new text begin (1) places the other person in reasonable fear of substantial bodily harm; new text end

new text begin (2) places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or new text end

new text begin (3) causes or would reasonably be expected to cause substantial emotional distress to the other person. new text end

new text begin (c) A person commits harassment under this section if the person: new text end

(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available technological or other means;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, messages, packages, through assistive devices for people with vision impairments or hearing loss, or any communication made through any available technologies or other objects;

(7) knowingly makes false allegations against a peace officer concerning the officer's performance of official duties with intent to influence or tamper with the officer's performance of official duties; or

(8) uses another's personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person.

deleted text begin For purposes of this clause, "personal information" and "sexual act" have the meanings given in section 617.261, subdivision 7. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes committed on or after that date. new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 609.749, subdivision 3, is amended to read:

Subd. 3.

Aggravated violations.

(a) A person who commits any of the following acts 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:

(1) commits any offense described in subdivision 2 because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin;

(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and deleted text begin possesses deleted text end a dangerous weapon deleted text begin at the time deleted text end new text begin was used in any way in the commission new text end of the offense;

(4) deleted text begin harasses another, as defined in subdivision 1, deleted text end new text begin commits any offense described in subdivision 2 new text end with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or

(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.

(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes committed on or after that date. new text end

Sec. 4.

Minnesota Statutes 2018, section 609.79, subdivision 1, is amended to read:

Subdivision 1.

Crime defined; obscene call.

Whoever,

(1) by means of a telephone,

(i) makes any comment, request, suggestion or proposal which is obscene, lewd, or lascivious,

(ii) new text begin with the intent to harass or intimidate another person, new text end repeatedly makes telephone calls, whether or not conversation ensues, deleted text begin with intent to abuse, disturb, or cause distress deleted text end new text begin and thereby places the other person in reasonable fear of substantial bodily harm; places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or causes or would reasonably be expected to cause substantial emotional distress to the other person new text end , new text begin or new text end

(iii) new text begin with the intent to harass or intimidate any person at the called or notified number, new text end makes or causes the telephone of another new text begin to new text end repeatedly or continuously deleted text begin to deleted text end ring deleted text begin , with intent to abuse, disturb, or cause distress in any person at the called number deleted text end new text begin or receive electronic notifications and thereby places the other person in reasonable fear of substantial bodily harm; places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or causes or would reasonably be expected to cause substantial emotional distress as defined in section 609.749, subdivision 2, paragraph (a), clause (4), to the other person new text end , or

(2) having control of a telephone, knowingly permits it to be used for any purpose prohibited by this section,

shall be guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes committed on or after that date. new text end

Sec. 5.

Minnesota Statutes 2018, section 609.795, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanors.

Whoever does any of the following is guilty of a misdemeanor:

(1) knowing that the actor does not have the consent of either the sender or the addressee, intentionally opens any sealed letter, telegram, or package addressed to another; or

(2) knowing that a sealed letter, telegram, or package has been opened without the consent of either the sender or addressee, intentionally publishes any of the contents thereof; or

(3) with the intent to deleted text begin abuse, disturb, or cause distress deleted text end new text begin harass or intimidate another person new text end , repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, or packages new text begin and thereby places the other person in reasonable fear of substantial bodily harm; places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or causes or would reasonably be expected to cause substantial emotional distress as defined in section 609.749, subdivision 2, paragraph (a), clause (4), to the other person new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes committed on or after that date. new text end

Sec. 6.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2018, section 609.749, subdivision 1a, new text end new text begin is repealed. new text end

new text begin Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1, new text end new text begin is repealed. new text end

Presented to the governor May 16, 2020

Signed by the governor May 18, 2020, 8:11 a.m.