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260.315 Criminal jurisdiction for contributing to need for protection or services, status as a juvenile petty offender, or delinquency.

Subdivision 1. Crimes. (a) Any person who by act, word, or omission encourages, causes, or contributes to the need for protection or services or delinquency of a child, or to a child's status as a juvenile petty offender, is guilty of a gross misdemeanor.

(b) This section does not apply to licensed social service agencies and outreach workers who, while acting within the scope of their professional duties, provide services to runaway children.

Subd. 2. Complaint; venue. A complaint under this section may be filed by the county attorney having jurisdiction where the child is found, resides, or where the alleged act of contributing occurred. The complaint may be filed in either the juvenile or criminal divisions of the district court. A prior or pending petition alleging that the child is delinquent, a juvenile petty offender, or in need of protection or services is not a prerequisite to a complaint or a conviction under this section.

Subd. 3. Affirmative defense. If the child is alleged to be delinquent or a juvenile petty offender, or if the child's conduct is the basis for the child's need for protection or services, it is an affirmative defense to a prosecution under subdivision 1 if the defendant proves, by a preponderance of the evidence, that the defendant took reasonable steps to control the child's conduct.

HIST: (8662) 1917 c 397 s 27; 1927 c 192 s 7; 1953 c 436 s 1; 1983 c 217 s 1; 1984 c 588 s 3; 1988 c 673 s 36; 1989 c 208 s 5; 1998 c 367 art 10 s 12

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