1999 Minnesota Statutes

     609.375 Nonsupport of spouse or child. 

    Subdivision 1.    Crime defined.  Whoever is legally 
 obligated to provide care and support to a spouse or child, 
 whether or not its custody has been granted to another, and 
 knowingly omits and fails without lawful excuse 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 $700, or both. 

    Subd. 2.    Gross misdemeanor violation.  If the 
 violation of subdivision 1 continues for a period in excess of 
 90 days but not more than 180 days, the person is guilty of a 
 gross misdemeanor and may be sentenced to imprisonment for not 
 more than one year or to payment of a fine of not more than 
 $3,000, or both. 

    Subd. 2a.    Felony violation.  If the violation of 
 subdivision 1 continues for a period in excess of 180 days, the 
 person is guilty of a felony and upon conviction may be 
 sentenced to imprisonment for not more than two years or to 
 payment of a fine of not more than $5,000, or both. 

    Subd. 3. Repealed, 1997 c 203 art 6 s 93; 1997 c 245 art 
 1 s 34 

    Subd. 4. Repealed, 1997 c 203 art 6 s 93; 1997 c 245 art 
 1 s 34 

    Subd. 5.    Venue.  A person who violates this section 
 may be prosecuted and tried in the county in which the support 
 obligor resides or in the county in which the obligee or the 
 child resides. 

    Subd. 6. Repealed, 1997 c 203 art 6 s 93; 1997 c 245 art 
 1 s 34 

    Subd. 7.    Conditions of work release; probation 
 violation.  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. 

    HIST: 1963 c 753 art 1 s 609.375; 1971 c 23 s 44; 1971 c 507 s 
 1; 1976 c 2 s 151; 1981 c 31 s 19; 1993 c 340 s 54,55; 1994 c 
 630 art 11 s 17-20; 1995 c 257 art 3 s 15; 1997 c 245 art 1 s 31