1997 Minnesota Statutes

     518.179 Participation in a parenting plan when person 
  convicted of certain offenses. 

    Subdivision 1.    Seeking custody or visitation.  
 Notwithstanding any contrary provision in section 518.17 or 
 518.175, if a person seeking child custody or visitation has 
 been convicted of a crime described in subdivision 2, the person 
 seeking custody or visitation has the burden to prove that 
 custody or visitation by that person is in the best interests of 
 the child if: 

    (1) the conviction occurred within the preceding five 
 years; 

    (2) the person is currently incarcerated, on probation, or 
 under supervised release for the offense; or 

    (3) the victim of the crime was a family or household 
 member as defined in section 518B.01, subdivision 2.  

    If this section applies, the court may not grant custody or 
 visitation to the person unless it finds that the custody or 
 visitation is in the best interests of the child.  If the victim 
 of the crime was a family or household member, the standard of 
 proof is clear and convincing evidence.  A guardian ad litem 
 must be appointed in any case where this section applies. 

    Subd. 2.    Applicable crimes.  This section applies to 
 the following crimes or similar crimes under the laws of the 
 United States, or any other state: 

    (1) murder in the first, second, or third degree under 
 section 609.185, 609.19, or 609.195; 

    (2) manslaughter in the first degree under section 609.20; 

    (3) assault in the first, second, or third degree under 
 section 609.221, 609.222, or 609.223; 

    (4) kidnapping under section 609.25; 

    (5) depriving another of custodial or parental rights under 
 section 609.26; 

    (6) soliciting, inducing, or promoting prostitution 
 involving a minor under section 609.322; 

    (7) receiving profit from prostitution involving a minor 
 under section 609.323; 

    (8) criminal sexual conduct in the first degree under 
 section 609.342; 

    (9) criminal sexual conduct in the second degree under 
 section 609.343; 

    (10) criminal sexual conduct in the third degree under 
 section 609.344, subdivision 1, paragraph (c), (f), or (g); 

    (11) solicitation of a child to engage in sexual conduct 
 under section 609.352; 

    (12) incest under section 609.365; 

    (13) malicious punishment of a child under section 609.377; 

    (14) neglect of a child under section 609.378; 

    (15) terroristic threats under section 609.713; or 

    (16) felony harassment or stalking under section 609.749, 
 subdivision 4. 

    HIST: 1990 c 574 s 16; 1997 c 239 art 7 s 10; 1997 c 245 art 2 
 s 4