*See Legislative Updates for April - June
2010
Minn. Stat. §
609.749. Stalking;
Penalties. (2010)
Subdivision 1. Definition. As used in this
section, "stalking" means to engage in conduct which the actor knows or has
reason to know would cause the victim under the circumstances to feel
frightened, threatened, oppressed, persecuted, or intimidated;, and
causes this reaction on the part of the victim regardless of the relationship
between the actor and victim.
Subdivision 1a. No proof of specific intent
required. In a prosecution under this section, the state is not
required to prove that the actor intended to cause the victim to feel
frightened, threatened, oppressed, persecuted, or intimidated, or except as
otherwise provided in subdivision 3, paragraph (a), clause (4), or paragraph
(b), that the actor intended to cause any other result.
Subdivision 1b. Venue.
(a)
When acts
constituting a violation of this section are committed in two or more
counties, the accused may be prosecuted in any county in which one of the acts
was committed for all acts in violation of this section.
(b)
The conduct
described in subdivision 2, clauses (4) and (5) may be prosecuted at the place
where any call is made or received or, in the case of wireless or electronic
communication or any communication made through any available technologies,
where the actor or victim resides or in the jurisdiction of the victim's
designated address if the victim participates in the address confidentiality
program established by chapter 5B. The conduct described in subdivision 2,
clause (2), may be prosecuted where the actor or victim resides. The conduct
described in subdivision 2, clause (6), may be prosecuted where any letter,
telegram, message, package, or other object is sent or received or, in the
case of wireless or electronic communication or communication made through
other available technologies, where the actor or victim resides or in the
jurisdiction of the victim's designated address if the victim participates in
the address confidentiality program established by chapter
5B.
Subdivision 1c.
Arrest. For all
violations under this section, except a violation of subdivision 2, clause
(7), a peace officer may make an arrest under the provisions of 4section 629.34. A
peace officer may not make a warrantless, custodial arrest of any person for a violation of subdivision 2,
clause (7).
Subdivision 2. Stalking crimes. A person who stalks another
by committing any of the following acts is guilty of a gross
misdemeanor:
(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 the
visually or hearing impaired, or any communication made through any available
technologies or other objects; or(
(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.
Subdivision 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 possesses a dangerous
weapon at the time of the offense;
(3)
stalks another,
as defined in subdivision 1, 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
5is
committed with sexual or aggressive intent, is guilty of a felony and may be
sentenced 1to imprisonment for
not more than ten years or to payment of a fine of not more than $20,000, or
both.
Subdivision 4.
Second or subsequent violations;
felony.
(a)
A person is
guilty of a felony who violates any provision of subdivision 2 within ten
years of a previous qualified domestic violence-related offense conviction or
adjudication of delinquency, 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.
(b)
A person is
guilty of a felony who violates any provision of subdivision 2 within ten
years of the first of two or more previous qualified domestic violence-related
offense convictions or adjudications of delinquency, 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.
Subdivision 5. Pattern of stalking conduct.
(a)
A person who
engages in a pattern of stalking conduct with respect to a single victim or
one or more members of a single household which the actor knows or has reason
to know would cause the victim under the circumstances to feel terrorized or
to fear bodily harm and which does cause this reaction on the part of the
victim, 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.
(b)
For purposes of
this subdivision, a "pattern of stalking conduct" means two or more acts
within a five-year period that violate or attempt to violate the provisions of
any of the following or a similar law of another state, the United States, the
District of Columbia, tribe, or United States
territories:
1.
this
section;
2.
sections 609.185
to 609.205 (first- to third-degree murder and first- and second-degree
manslaughter);
3.
section 609.713
(terroristic threats);
4.
section 609.224
(fifth-degree assault);
5.
section 609.2242
(domestic assault);
6.
section 518B.01,
subdivision 14 (violations of domestic abuse orders for protection);
7.
section 609.748,
subdivision 6 (violations of harassment restraining orders);
8.
section 609.605,
subdivision 1, paragraph (b), clauses (3), (4), and (7) (certain trespass
offenses);
9.
section 609.78,
subdivision 2 (interference with an emergency call);
10.
section 609.79
(obscene or harassing telephone calls);
11.
section 609.795
(letter, telegram, or package; opening; harassment);
12.
section 609.582
(burglary);
13.
section 609.595
(damage to property);
14.
section 609.765
(criminal defamation);
15.
sections 609.342
to 609.3451 (first- to fifth-degree criminal sexual conduct); or (16) section
629.75, subdivision 2 (violations of domestic abuse no contact orders).
(c)
Words set forth
in parentheses after references to statutory sections in paragraph (b) are
mere catchwords included solely for convenience in reference. They are not
substantive and may not be used to construe or limit the meaning of the cited
statutory provision.
Subdivision 6. Mental health assessment and
treatment.
(a)
When a person is
convicted of a felony offense under this section, or another felony offense
arising out of a charge based on this section, the court shall order an
independent professional mental health assessment of the offender's need for
mental health treatment. The court may waive the assessment if an adequate
assessment was conducted prior to the conviction.
(b)
Notwithstanding
sections 13.384, 13.85, 144.291 to 144.298, 260B.171, or 260C.171 , the
assessor has access to the following private or confidential data on the
person if access is relevant and necessary for the
assessment:
1.
medical data
under section 13.384;
2.
welfare data
under section 13.46;
3.
corrections and
detention data under section 13.85;
4.
health records
under sections 144.291 to 144.298; and
5.
juvenile court
records under sections 260B.171 and 260C.171. Data disclosed under this
section may be used only for purposes of the assessment and may not be further
disclosed to any other person, except as authorized by
law.
(c)
If the assessment
indicates that the offender is in need of and amenable to mental health
treatment, the court shall include in the sentence a requirement that the
offender undergo treatment.(d) The court shall order the offender to pay the
costs of assessment under this subdivision unless the offender is indigent
under section 563.01.
Subdivision 7. Exception. Conduct is not a
crime under this section if it is performed under terms of a valid license, to
ensure compliance with a court order, or to carry out a specific lawful
commercial purpose or employment duty, is authorized or required by a valid
contract, or is authorized, required, or protected by state or,
federal, or tribal law or the statute, federal, or tribal constitutions.
Subdivision 2, clause (2), does not impair the right of any individual or
group to engage in speech protected by the federal, state, or tribal
constitutions, or federal, state, or tribal law, including peaceful and lawful
hand billing and picketing.