Published By

MINNESOTA COUNTY ATTORNEYS

ASSOCIATION

Minnesota

Criminal Code
2022
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MINNESOTA COUNTY ATTORNEYS ASSOCIATION
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ATTORNEYS ASSOCIATION
 Published By
MINNESOTA COUNTY ATTORNEYS
ASSOCIATION

Minnesota

Criminal
Code
2022

Minnesota County Attorneys Association

100 Empire Drive, Suite 200
St. Paul, MN 55103
651.641.1600
Fax 651.641.1666
www.mcaa-mn.org
INTRODUCTORY NOTE
This Criminal Code includes changes in the law enacted by the
2022 Legislature. This codification is not official, and minor
technical changes may be made by the revisor of statutes
in the official version of the 2022 changes. The official
codification, however, will not be available until later this year.

The following index indicates which statutes have been

changed. When certain subdivisions within a statute have
been changed, we have labeled those subdivisions.

The statutes that were added are labeled NEW and the
amended statutes are labeled AMENDED in the text.

The shaded areas within the text (if there are any) have
delayed effective dates.

We have done our very best to capture the changes that

County Attorneys care most about.

Other 2022 Code Books Available:

• Minnesota Juvenile Code

• Minnesota Traffic Code

• Minnesota Criminal Elements Handbook

• Minnesota Selected Child Support &

Related Statutes

Disclaimer: We have included all of the electronic changes from the Revisor of Statutes. However,
there are always additional manual updates that continue to happen throughout the year. We do
our best to capture all of the changes our members care about with the greatest accuracy.
 Criminal Code

CHAPTER 609 CRIMINAL CODE .............................................. 17

GENERAL PRINCIPLES..........................................................17
609.01 Name and Construction ...........................................17
609.015 Scope and Effect .....................................................17
609.02 Definitions ...............................................................17
609.025 Jurisdiction of State .................................................19
609.03 Punishment When Not Otherwise Fixed ..................20
609.033 Maximum Penalties; Misdemeanors ........................20
609.0331 Maximum Penalties; Petty Misdemeanors ...............20
609.0332 Maximum Penalty; Petty Misdemeanor Ordinance
Violations ................................................................20
609.034 Maximum Penalty; Ordinance Violations .................20
609.0341 Maximum Fines for Gross Misdemeanors;
Felonies ..................................................................21
609.035 Crime Punishable Under Different Provisions .........21
609.04 Conviction of Lesser Offense ..................................23
609.041 Proof of Prior Convictions .......................................23
609.045 Foreign Conviction or Acquittal ...............................23
609.05 Liability For Crimes of Another................................24
609.055 Capability of Children to Commit Crime ..................24
609.06 Authorized Use of Force .........................................25
609.065 Justifiable Taking of Life .........................................26
609.066 Authorized Use of Deadly Force by Peace
Officers ...................................................................26
609.075 Intoxication as Defense ..........................................27
609.08 Duress ....................................................................27
609.085 Sending Written Communication ............................28
609.09 Compelling Testimony; Immunity From
Prosecution ............................................................28
609.092 Juvenile Petty Offenders; Use of Restorative
Justice ....................................................................28
SENTENCES ...........................................................................30
609.095 Limits of Sentences. ...............................................30
609.10 Sentences Available ...............................................30
609.101 Surcharge on Fines, Assessments; Minimum
Fines ......................................................................31
609.102 Local Correctional Fees; Imposition by Court .........33
609.104 Fine and Surcharge Collection................................33
609.105 Sentence of Imprisonment.......................................34
609.1055 Offenders with Serious and Persistent Mental
Illness; Alternative Placement .................................34

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609.1056 Military Veterans: Crimes Committed Because of
Conditions Resulting from Service; Discharge and
Dismissal. ...............................................................35
609.106 Heinous Crimes ......................................................39
609.107 Mandatory Penalties for Certain Murderers ............40
609.1095 Increased Sentences for Certain Dangerous and
Repeat Felony offenders. .......................................40
609.11 Minimum Sentences of Imprisonment .....................42
609.115 Presentence Investigation ......................................44
609.117 DNA Analysis of Certain Offenders Required .........47
609.118 Fingerprinting Required ..........................................49
609.12 Parole or Discharge ................................................49
609.125 Sentence for Misdemeanor or Gross
Misdemeanor ..........................................................50
609.13 Convictions of Felony or Gross Misdemeanor;
When Deemed Misdemeanor or Gross
Misdemeanor ..........................................................50
609.131 Certification of Misdemeanor as Petty
Misdemeanor. .........................................................51
609.132 Continuance for Dismissal. .....................................51
609.135 Stay of Imposition or Execution of Sentence. ..........51
609.1351 Petition for Civil Commitment .................................55
609.14 Revocation of Stay .................................................55
609.145 Credit For Prior Imprisonment.................................56
609.15 Multiple Sentences .................................................57
609.153 Increased Penalties for Certain Misdemeanors.......57
609.165 Restoration of Civil Rights; Possession of
Firearms and Ammunition ......................................58
ANTICIPATORY CRIMES ........................................................59
609.17 Attempts .................................................................59
609.175 Conspiracy ............................................................ 59
HOMICIDE AND SUICIDE .......................................................60
609.18 Definition ................................................................60
609.185 Murder in the First Degree ......................................60
609.19 Murder in the Second Degree .................................61
609.195 Murder in the Third Degree .....................................62
609.20 Manslaughter in the First Degree ........................... 62
609.205 Manslaughter in the Second Degree.......................62
609.2111 Definitions...............................................................63
609.2112 Criminal Vehicular Homicide. ..................................63
609.2113 Criminal Vehicular Operation; Bodily Harm. ............64
609.2114 Criminal Vehicular Operation; Unborn Child. ..........66
609.215 Suicide ...................................................................67

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 Criminal Code

CRIMES AGAINST THE PERSON ..........................................68

609.221 Assault in the First Degree......................................68
609.222 Assault in the Second Degree ................................69
609.223 Assault in the Third Degree ....................................70
609.2231 Assault in the Fourth Degree ..................................70
609.2232 Consecutive Sentences for Assaults Committed
by State Prison Inmates..........................................73
609.2233 Felony Assault Motivated by Bias; Increased
Statutory Maximum Sentence ................................74
609.224 Assault in the Fifth Degree......................................74
609.2241 Knowing Transfer of Communicable Disease ..........75
609.2242 Domestic Assault ....................................................76
609.2243 Sentencing; Repeat Domestic Assault.....................78
609.2244 Presentence Domestic Abuse Investigations ..........79
609.2245 Female Genital Mutilation; Penalties ......................80
609.2247 Domestic Assault by Strangulation .........................80
609.226 Harm Caused by Dog .............................................81
609.227 Dangerous Animals Destroyed ...............................81
609.228 Great Bodily Harm Caused by Distribution of
Drugs......................................................................82
609.229 Crime Committed for Benefit of Gang .....................82
609.23 Mistreatment of Persons Confined ..........................83
609.231 Mistreatment of Residents or Patients ....................83
609.232 Crimes Against Vulnerable Adults; Definitions ........83
609.2325 Criminal Abuse. ......................................................85
609.233 Criminal Neglect .....................................................85
609.2335 Financial Exploitation of a Vulnerable Adult ............87
609.2336 Deceptive or Unfair Trade Practices; Elderly or
Disabled Victims .....................................................88
609.234 Failure to Report .....................................................89
609.235 Use of Drugs to Injure or Facilitate Crime ...............89
609.24 Simple Robbery ......................................................89
609.245 Aggravated Robbery ...............................................89
609.25 Kidnapping .............................................................90
609.251 Double Jeopardy; Kidnapping .................................90
609.255 False Imprisonment ................................................90
609.26 Depriving Another of Custodial or Parental Rights ..91
609.265 Abduction ...............................................................93
CRIMES AGAINST UNBORN CHILDREN ...............................93
609.266 Definitions...............................................................93
609.2661 Murder of Unborn Child in the First Degree ............93
609.2662 Murder of Unborn Child in the Second Degree .......94
609.2663 Murder of Unborn Child in the Third Degree ...........94

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609.2664 Manslaughter of Unborn Child in the First Degree ..94
609.2665 Manslaughter of Unborn Child in the Second
Degree ...................................................................94
609.267 Assault of Unborn Child in the First Degree ............95
609.2671 Assault of Unborn Child in the Second Degree.......95
609.2672 Assault of Unborn Child in the Third Degree...........95
609.268 Injury or Death of Unborn Child in Commission of
Crime ......................................................................95
609.269 Exception ...............................................................96
609.2691 Other Convictions Not Barred..................................96
CRIMES OF COMPULSION ....................................................96
609.27 Coercion .................................................................96
609.275 Attempt to Coerce...................................................97
609.28 Interfering With Religious Observance ...................97
SEXUAL AND LABOR TRAFFICKING CRIMES ......................97
609.281 Definitions...............................................................97
609.282 Labor Trafficking .....................................................98
609.283 Unlawful Conduct with Respect to Documents in
Furtherance of Labor or Sex Trafficking ..................98
609.284 Labor or Sex Trafficking Crimes; Defenses; Civil
Liability; Corporate Liability .....................................99
SEX CRIMES...........................................................................99
609.293 Sodomy ..................................................................99
609.294 Bestiality .................................................................99
609.31 Leaving State to Evade Establishment of
Paternity .................................................................99
609.321 Prostitution and Sex Trafficking; Definitions .......... 100
609.322 Solicitation, Inducement and Promotion of
Prostitution; Sex Trafficking. .................................101
609.3232 Protective Order Authorized; Procedures;
Penalties...............................................................103
609.324 Patrons; Prostitutes; Housing Individuals Engaged
in Prostitution; Penalties .......................................104
609.3241 Penalty Assessment Authorized ...........................106
609.3242 Prostitution Crimes Committed in School or Park
Zones; Increased Penalties ..................................106
609.3243 Loitering with Intent to Participate in Prostitution... 107
609.325 Defenses ..............................................................107
609.326 Evidence...............................................................107
609.33 Disorderly House ..................................................107
609.34 Fornication............................................................108
609.341 Definitions. Subd. 17 AMENDED .....................108
609.342 Criminal Sexual Conduct in the First Degree ........ 113

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 Criminal Code

609.343 Criminal Sexual Conduct in the Second Degree ... 115

609.344 Criminal Sexual Conduct in the Third Degree ....... 118
609.345 Criminal Sexual Conduct in the Fourth Degree. .... 119
609.3451 Criminal Sexual Conduct in the Fifth Degree. ....... 121
609.3453 Criminal Sexual Predatory Conduct ......................122
609.3455 Dangerous Sex Offenders Life Sentences;
Conditional Release..............................................122
609.3456 Use of Polygraphs for Sex Offenders on Probation
or Conditional Release .........................................126
609.3457 Sex Offender Assessment ....................................127
609.3458 Sexual Extortion. ..................................................128
609.3459 Law Enforcement; Reports of Sexual Assaults. .... 129
609.3469 Voluntary Intoxication Defense. ............................129
609.347 Evidence in Criminal Sexual Conduct Cases ........ 129
609.3471 Records Pertaining to Victim Identity Confidential 131
609.348 Medical Purposes; Exclusions ..............................131
609.349 Voluntary Relationships. .......................................131
609.35 Costs of Medical Examination...............................131
609.351 Applicability to Past and Present Prosecutions ..... 132
609.352 Solicitation of Children to Engage in Sexual
Conduct; Communication of Sexually Explicit
Materials to Children. ............................................132
609.353 Jurisdiction ...........................................................133
CRIMES AGAINST THE FAMILY ..........................................133
609.355 Bigamy .................................................................133
609.36 Adultery ................................................................133
609.365 Incest....................................................................134
609.375 Nonsupport of Spouse or Child .............................134
609.3751 Discharge and Dismissal ......................................135
609.376 Definitions.............................................................136
609.377 Malicious Punishment of Child..............................136
609.3775 Child Torture. .......................................................137
609.378 Neglect or Endangerment of a Child ..................... 137
609.3785 Unharmed Newborns Left at A Safe Place;
Avoidance of prosecution .....................................138
609.379 Permitted Actions .................................................138
609.38 Stayed Sentence ...................................................139
CRIMES AGAINST THE GOVERNMENT ..............................139
609.385 Treason ................................................................139
609.39 Misprision of Treason ...........................................139
609.395 State Military Forces; Interfering With, Obstructing,
or Other ................................................................140
609.396 Unauthorized Presence at Camp Ripley ............... 140

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609.40 Flags ....................................................................140
609.41 False Tax Statement.............................................141
CRIMES AFFECTING PUBLIC OFFICER OR EMPLOYEE ... 141
609.415 Definitions.............................................................141
609.42 Bribery ..................................................................141
609.425 Corruptly Influencing Legislator ............................142
609.43 Misconduct of Public Officer or Employee............. 142
609.435 Officer Not Filing Security .....................................143
609.44 Public Office; Illegally Assuming; Nonsurrender.... 143
609.445 Failure to Pay Over State Funds ...........................143
609.45 Public Officer; Unauthorized Compensation ......... 143
609.455 Permitting False Claims Against Government ....... 143
609.456 Reporting to State Auditor and Legislative
Auditor Required ..................................................143
609.465 Presenting False Claims to Public Officer or Body 144
609.466 Medical Assistance Fraud .....................................144
609.47 Interference with Property in Official Custody ....... 144
609.475 Impersonating a Military Service Member ............. 144
609.4751 Impersonating A Peace Officer .............................144
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE ... 145
609.48 Perjury ..................................................................145
609.485 Escape from Custody ...........................................146
609.486 Commission of Crime While Wearing or
Possessing Bullet-Resistant Vest .........................148
609.487 Fleeing Police Officer; Motor Vehicle; Other ......... 148
609.49 Release, Failure to Appear ...................................149
609.491 Failure to Appear; Petty Misdemeanor .................. 151
609.493 Solicitation of Mentally Impaired Persons ............. 151
609.494 Solicitation of Juveniles ........................................151
609.495 Aiding an Offender ................................................152
609.496 Concealing Criminal Proceeds ..............................153
609.497 Engaging in Business of Concealing Criminal
Proceeds ..............................................................153
609.4971 Warning Subject Of Investigation .........................153
609.4975 Warning Subject of Surveillance or Search .......... 154
609.498 Tampering with Witness .......................................154
609.50 Obstructing Legal Process, Arrest, or Firefighting . 156
609.501 Funeral or Burial Service; Prohibited Acts............. 157
609.502 Interference with Dead Body; Reporting ............... 158
609.504 Disarming Peace Officer .......................................158
609.505 Falsely Reporting Crime .......................................158
609.5051 Criminal Alert Network; False or Misleading
Information Prohibited...........................................159

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 Criminal Code

609.506 Prohibiting Giving Peace Officer False Name ....... 159

609.507 Falsely Reporting Child Abuse ..............................160
609.508 False Information to Financial Institution ............... 160
609.51 Simulating Legal Process .....................................160
609.515 Misconduct of Judicial or Hearing Officer .............. 160
609.5151 Dissemination of Personal Information About
Law Enforcement Prohibited; Penalty ................... 160
THEFT AND RELATED CRIMES ...........................................161
609.52 Theft. ...................................................................161
609.521 Possession of Shoplifting Gear .............................167
609.523 Return of Stolen Property to Owners .................... 167
609.525 Bringing Stolen Goods Into State ..........................168
609.526 Precious Metal and Scrap Metal Dealers;
Receiving Stolen Property ....................................168
609.527 Identity Theft. ........................................................169
609.528 Possession or Sale of Stolen or Counterfeit
Check; Penalties...................................................172
609.529 Mail Theft..............................................................172
609.53 Receiving Stolen Property ....................................173
609.531 Forfeitures. ...........................................................173
609.5311 Forfeiture of Property Associated With
Controlled Substances..........................................177
609.5312 Forfeiture of Property Associated With
Designated Offenses ............................................179
609.5313 Forfeiture by Judicial Action; Procedure................ 181
609.5314 Administrative Forfeiture of a Certain Property
Seized in Connection With a Controlled Substances
Seizure .................................................................182
609.5315 Disposition of Forfeited Property. ..........................185
609.5316 Summary Forfeitures ............................................189
609.5319 Financial Institution Secured Interest .................... 192
609.532 Attachment of Deposited Funds ............................192
609.535 Issuance of Dishonored Checks ...........................193
609.54 Embezzlement of Public Funds ............................196
609.541 Protection of Library Property ...............................196
609.545 Misusing Credit Card to Secure Services ............. 196
609.546 Motor Vehicle Tampering ......................................196
609.551 Rustling and Livestock Theft; Penalties ................ 197
609.552 Unauthorized Release of Animals .........................197
DAMAGE OR TRESPASS TO PROPERTY ...........................197
609.556 Definitions.............................................................197
609.561 Arson in the First Degree ......................................198
609.562 Arson in the Second Degree .................................199

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609.563 Arson in the Third Degree .....................................199
609.5631 Arson in the Fourth Degree...................................199
609.5632 Arson in the Fifth Degree ......................................199
609.5633 Use of Ignition Devices; Petty Misdemeanor ........ 200
609.564 Excluded Fires ......................................................200
609.5641 Wildfire Arson .......................................................200
609.576 Negligent Fires; Dangerous Smoking ................... 201
609.581 Definitions.............................................................201
609.582 Burglary ................................................................202
609.583 Sentencing; First Burglary of a Dwelling ............... 203
609.585 Double Jeopardy ..................................................203
609.586 Possession of Code-Grabbing Devices; Penalty ... 204
609.59 Possession of Burglary or Theft Tools .................. 204
609.591 Damage to Timber or Wood Processing and
Related Equipment ...............................................204
609.592 Possession of Timber Damage Devices ............... 204
609.593 Damage or Theft to Energy Transmission or
Telecommunications Equipment ...........................205
609.594 Damage to Property of Critical Public Service
Facilities, Utilities, and Pipelines ...........................205
609.595 Damage To Property ............................................206
609.596 Killing or Harming A Public Safety Dog................. 208
609.597 Assaulting or Harming Police Horse; Penalties ..... 209
609.599 Exposing Domestic Animals to Disease ................ 209
609.605 Trespass...............................................................210
609.6055 Trespass on Critical Public Service Facility;
Utility; or Pipeline ..................................................213
609.6057 Geographic Restriction .........................................214
609.606 Unlawful Ouster or Exclusion ................................215
609.611 Insurance Fraud ...................................................215
609.612 Employment of Runners .......................................218
609.615 Defeating Security on Realty ................................218
609.62 Defeating Security on Personalty ..........................218
609.621 Proof of Concealment of Property by Obligor of
Secured Property..................................................219
FORGERY AND RELATED CRIMES .....................................219
609.625 Aggravated Forgery ..............................................219
609.63 Forgery .................................................................220
609.631 Check Forgery; Offering Forged Check ................ 220
609.632 Counterfeiting of Currency ....................................222
609.635 Obtaining Signature by False Pretense ................ 223
609.64 Recording, Filing of Forged Instrument ................ 223
609.645 Fraudulent Statements .........................................223

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 Criminal Code

609.65 False Certification by Notary Public ......................223

609.651 State Lottery Fraud ...............................................224
609.652 Fraudulent Drivers’ Licenses and Identification
Cards; Penalty ..................................................... 224
CRIMES AGAINST PUBLIC SAFETY AND HEALTH ............ 225
609.66 Dangerous Weapons. ...........................................225
609.661 Penalty For Set Guns; Swivel Guns ......................229
609.662 Shooting Victim; Duty to Render Aid .....................229
609.663 Display of Handgun Ammunition ...........................230
609.665 Spring Guns .........................................................230
609.666 Negligent Storage of Firearms ..............................230
609.667 Firearms; Removal or Alteration of Serial
Number.................................................................231
609.668 Explosive and Incendiary Devices ........................231
609.669 Civil Disorder ........................................................234
609.67 Machine Guns and Short-Barreled Shotguns ........ 234
609.671 Environment; Criminal Penalties ...........................236
609.672 Permissive Inference; Firearms in Automobiles .... 241
609.675 Exposure of Unused Refrigerator or Container to
Children ................................................................241
609.68 Unlawful Deposit of Garbage, Litter or Like........... 241
609.681 Unlawful Smoking .................................................241
609.685 Sale of Tobacco to Persons Under Age 21 ........... 242
609.6855 Sale of Nicotine Delivery Products to Persons
Under Age 21 .......................................................244
609.686 False Fire Alarms; Tampering With or Injuring
Fire Alarm System ................................................245
PUBLIC MISCONDUCT OR NUISANCE ...............................245
609.687 Adulteration ..........................................................245
609.688 Adulteration by Bodily Fluid ..................................246
609.705 Unlawful Assembly ...............................................246
609.71 Riot .......................................................................246
609.712 Real & Simulated Weapons of Mass
Destruction ...........................................................247
609.713 Threats of Violence ...............................................249
609.714 Crimes Committed in Furtherance of Terrorism .... 249
609.715 Presence at Unlawful Assembly ...........................250
609.72 Disorderly Conduct ...............................................250
609.735 Concealing Identity ...............................................250
609.74 Public Nuisance ....................................................250
609.745 Permitting Public Nuisance ...................................251
609.746 Interference With Privacy. ....................................251

9
609.7475 Fraudulent or Otherwise Improper Financing
Statements ...........................................................252
609.748 Harassment; Restraining Order. Subd. 2
AMENDED ...........................................................253
609.749 Stalking; Penalties ................................................260
609.7495 Physical Interference With Safe Access to Health
Care .....................................................................265
GAMBLING ............................................................................267
609.75 Gambling; Definitions............................................267
609.755 Acts of or Relating to Gambling ............................269
609.76 Other Acts Relating to Gambling ..........................270
609.761 Operations Permitted ............................................271
609.762 Forfeiture of Gambling Devices, Prizes,
Proceeds ..............................................................273
609.763 Lawful Gambling Fraud.........................................274
CRIMES AGAINST REPUTATION.........................................276
609.765 Criminal Defamation .............................................275
609.77 False Information to News Media..........................275
CRIMES RELATING TO COMMUNICATIONS ......................275
609.774 Emergency Communications; Kidnappings .......... 276
609.775 Divulging Telephone or Telegraph Message;
Nondelivery ..........................................................276
609.776 Interference with Emergency Communications ..... 276
609.78 Emergency Telephone Calls and
Communications ...................................................277
609.79 Obscene or Harassing Telephone Calls................ 278
609.795 Letter, Telegram,or Package; Opening;
Harassment. .........................................................279
609.80 Interfering With Cable Communications
Systems................................................................279
CRIMES RELATING TO BUSINESS .....................................280
609.806 Interfering with Internet Ticket Sales .....................280
609.807 Event Tickets; Prohibited Acts ..............................280
609.815 Misconduct of Junk or Secondhand Dealer ........... 280
609.82 Fraud in Obtaining Credit ......................................280
609.821 Financial Transaction Card Fraud .........................281
RESIDENTIAL MORTGAGE FRAUD.....................................283
609.822 Residential Mortgage Fraud ..................................283
MISCELLANEOUS CRIMES ..................................................284
609.825 Bribery of Participant or Official in Contest ............ 284
609.83 Falsely Impersonating Another ..............................285
609.833 Misrepresentation of Service Animal. .................... 285

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 Criminal Code

609.849 Railroad that Obstructs Treatment of Injured

Worker. .................................................................286
609.85 Crimes Against Railroad Employees and
Property; Penalty ..................................................286
609.851 False Traffic Signal ...............................................287
609.855 Crimes Involving Transit; Shooting at Transit
Vehicle..................................................................287
609.856 Use of Police Radios During Commission of
Crime; Penalties ...................................................289
609.857 Discharging a Laser at an Aircraft .........................290
CRIMES AGAINST COMMERCE ..........................................290
609.86 Commercial Bribery ..............................................290
609.87 Computer Crime; Definitions .................................291
609.88 Computer Damage ...............................................293
609.89 Computer Theft.....................................................293
609.891 Unauthorized Computer Access ...........................294
609.8911 Reporting Violations .............................................295
609.8912 Criminal Use of Encryption ...................................295
609.8913 Facilitating Access to Computer Security
System .................................................................295
609.892 Definitions.............................................................295
609.893 Telecommunications and Information Services
Fraud; Crime Defined ...........................................296
609.894 Cellular Telephone Counterfeiting; Crimes
Defined .................................................................297
609.895 Counterfeited Intellectual Property; Penalties ....... 299
609.896 Criminal Use of Real Property ..............................300
RACKETEER INFLUENCED & CORRUPT ORG. (RICO) .... 301
609.901 Construction of Racketeering Provisions .............. 301
609.902 Definitions.............................................................301
609.903 Racketeering ........................................................302
609.904 Criminal Penalties .................................................303
609.905 Criminal Forfeiture ................................................304
609.907 Preservation of Property Subject to Forfeiture ...... 304
609.908 Disposition of Forfeiture Proceeds ........................306
609.909 Additional Relief Available ....................................306
609.910 Relation to Other Sanctions ..................................306
609.911 Civil Remedies......................................................307
609.912 Notice to Other Prosecuting Authorities ............... 308
CHAPTER 609A EXPUNGEMENT ...........................................308
609A.01 Expungement of Criminal Records ..................... 308
609A.02 Grounds for Order ................................................308

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 609A.025 No Petition Required in Certain Cases With
Prosecutor Agreement & Notification .................... 311
609A.03 Petition to Expunge Criminal Records. ................. 311
609A.04 Remedy ................................................................316
CHAPTER 84 DEPARTMENT OF NATURAL RESOURCES .... 316
84.774 Off-Highway Vehicle Criminal Penalties ................ 316
84.7741 Off-Highway Vehicle Forfeiture .............................317
CHAPTER 151 PHARMACY PRACTICE ACT ..........................324
151.72 Sale of Certain Cannabinoid Products
Subd. 1,2,3,4,5,5a,6 AMENDED ..........................324
CHAPTER 152 DRUGS, CONTROLLED SUBSTANCES ......... 327
152.01 Definitions.............................................................327
152.02 Schedules of Controlled Substances;
Administration of Chapter.
Subd. 2 AMENDED..............................................331
CONTROLLED SUBSTANCE CRIMES .................................354
152.021 Controlled Substance Crime in the First Degree.... 354
152.022 Controlled Substance Crime in the Second
Degree ................................................................ 356
152.023 Controlled Substance Crime in the Third Degree .. 357
152.024 Controlled Substance Crime in the Fourth
Degree .................................................................358
152.025 Controlled Substance Crime in the Fifth Degree.... 359
152.026 Mandatory Sentences ...........................................360
152.0261 Importing Controlled Substances Across State
Borders .................................................................360
152.0262 Possession of Substances With Intent to
Manufacture Methamphetamine Crime ................. 360
152.027 Other Controlled Substance Offenses .................... 361
LOCATION OF USE, SALE, MANUFACTURE ......................363
152.0271 Notice of Drug Convictions; Driver's License
Revocation ...........................................................363
152.0273 Synthetic Drug Sales; Mandatory Restitution ........ 363
152.0275 Certain Controlled Substance Offenses;
Restitution; Prohibitions on Property Use;
Notice provisions ..................................................363
152.028 Permissive Inference of Knowing Possession ....... 366
152.029 Public Information: School Zones, Park Zones,
Public Housing Zones, and Drug Treatment
Facilities ...............................................................367
DRUG PARAPHERNALIA .....................................................367
152.092 Possession of Drug Paraphernalia Prohibited ....... 367

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152.093 Manufacture or Delivery of Drug Paraphernalia

Prohibited .............................................................367
152.094 Delivery of Drug Paraphernalia to a Minor
Prohibited .............................................................368
152.095 Advertisement of Drug Paraphernalia Prohibited .. 368
CONSPIRACIES ....................................................................368
152.096 Conspiracies Prohibited ........................................368
SIMULATED CONTROLLED SUBSTANCES ........................368
152.097 Simulated Controlled Substances .........................368
PRECURSORS OF CONTROLLED SUBSTANCES .............. 369
152.0971 Terms ....................................................................369
152.0972 Precursors of Controlled Substances .................... 369
152.0973 Report of Transaction ............................................370
152.0974 Exceptions ............................................................371
SALES AND RECORDS ........................................................372
152.10 Sales, Persons Eligible .........................................372
152.101 Manufacturers, Records .......................................372
PRESCRIPTIONS..................................................................373
152.105 Disposal................................................................373
152.11 Prescriptions .........................................................373
152.12 Health Care Providers May Prescribe ................... 376
152.125 Intractable Pain. AMENDED ...............................377
152.126 Prescription Monitoring Program ..........................380
152.13 Duties of State Board of Pharmacy .......................387
152.135 Restrictions on Sales, Marketing, and Possession
of Ephedrine .........................................................387
ANHYDROUS AMMONIA ......................................................388
152.136 Anhydrous Ammonia; Prohibited Conduct;
Criminal Penalties; Civil Liability ...........................388
METHAMPHETAMINE-RELATED CRIMES; CHILDREN
AND VULNERABLE ADULTS ..............................389
152.137 Methamphetamine-related Crimes Involving
Children and Vulnerable Adults ............................389
MISCELLANEOUS PROVISIONS .........................................391
152.152 Stayed Sentence Limited ......................................391
152.18 Discharge and Dismissal ......................................391
152.20 Penalties Under Other Laws .................................393
152.205 Local Regulations .................................................393
152.21 THC Therapeutic Research Act ............................393
152.22 Definitions. Subd. 4 AMENDED .........................395
152.23 Limitations. ...........................................................397
152.24 Federally Approved Clinical Trials.........................398
152.25 Commissioner Duties............................................398

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 152.26 Rulemaking. .........................................................400
152.27 Patient Registry Program Established. ................. 401
152.28 Health Care Practitioner Duties. ...........................404
152.29 Manufacturer of Medical Cannabis Duties. ........... 405
152.30 Patient Duties .......................................................410
152.31 Data Practices. .....................................................410
152.32 Protections for Registry Program Participation.
Subd 3 AMENDED ..............................................410
152.33 Violations ..............................................................412
152.34 Health Care Facilities............................................413
152.35 Fees; Deposit of Revenue ................................... 414
152.36 Impact Assessment Of Medical Cannabis
Therapueutic Research. .......................................415
152.37 Finacial Examinations: Pricing Reviews ................ 416
CHAPTER 243 CORRECTIONS; ADULTS ...............................417
243.166 Registration of Predatory Offenders. .....................417
243.167 Registration Under Predatory Offender Registration
Law for Other Offenses.........................................430
CHAPTER 299C BUREAU OF CRIMINAL APPREHENSION .. 431
299C.10 Identification Data Required..................................431
299C.105 DNA Data Required ..............................................433
299C.106 Sexual Assault Examination Kit Handling.............. 434
299C.11 Identification Data Furnished to Bureau ................ 435
CHAPTER 340A LIQUOR .........................................................436
340A.503 Persons Under 21; Illegal Acts .............................436
CHARITABLE AUCTIONS ........................................................438
340A.707 Auction or Raffle For Chritable Purposes .............. 438
CHAPTER 518B DOMESTIC ABUSE .......................................439
518B.01 Domestic Abuse Act..............................................439
518B.02 Domestic Abuse Counseling Program or
Educational Program Required .............................455
CHAPTER 617 ABORTION; OBSCENITY; NUISANCE ............ 457
617.23 Indecent Exposure; Penalties ...............................457
617.241 Obscene Materials and Performances; Distribution
and Exhibition Prohibited; Penalty ........................457
617.242 Adult Entertainment Establishments .....................459
617.245 Civil Action; Use of Minor in Sexual
Performance .........................................................460
617.246 Use of Minors in Sexual Performance Prohibited .. 461
617.247 Possession of Pornographic Work Involving
Minors. .................................................................463
617.261 Nonconsensual Dissemenation of Private Sexual
Images..................................................................465

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 Criminal Code

NUISANCE ............................................................................467
617.91 Definitions.............................................................467
617.92 Public Nuisance ....................................................467
617.93 Suit to Abate Nuisance .........................................468
617.94 Court Order ..........................................................468
617.95 Violation of Court Order; Fine & Criminal Penalty . 468
617.96 Attorney Fees .......................................................468
617.97 Use of Place; Evidence.........................................469
CHAPT 624 CRIMES, OTHER PROVISIONS FIREARMS ...... 469
624.71 Gun Control, Application of Federal Law............... 469
624.711 Declaration of Policy .............................................469
624.712 Definitions.............................................................469
624.713 Certain Persons Not to Possess Firearms ............ 472
624.7131 Transferee Permit; Penalty ...................................477
624.7132 Report of Transfer ................................................478
624.7133 Purchasing Firearm on Behalf of Ineligible
Person ..................................................................482
624.714 Carrying of Weapons Without Permit; Penalties ... 482
624.7141 Transfer to Ineligible Person.................................492
624.7142 Carrying While Under Influence of Alcohol or
Controlled Substance ...........................................493
624.7143 Chemical Testing .................................................494
624.7144 Allowing an Ineligible Person Access to Firearms 495
624.715 Exemptions; Antiques and Ornaments .................. 496
624.7151 Standardized Forms .............................................496
624.716 Saturday Night Specials Prohibited; Penalty ......... 496
624.7161 Firearms Dealers; Certain Security Measures
Required ...............................................................496
624.7162 Firearms Dealers; Safety Requirements. ............. 497
624.717 Local Regulation .................................................. 497
624.7181 Rifles and Shotguns in Public Places ................... 497
624.719 Possession of Firearm by Nonresident Alien ........ 498
OTHER PROVISIONS ...........................................................498
624.7191 Metal-penetrating Bullets ......................................498
624.7192 Authority to Seize & Confiscate Firearms.............. 499
624.72 Interference With Use of Public Property ............. 500
624.731 Tear Gas and Tear Gas Compounds; Electronic
Incapacitation Devices ..........................................501
624.732 Intentional Release of Harmful Substance ............ 503
CHAPT 626 PEACE OFFICERS; AUTHORITY; TRAINING;
REPORTING ............................................................................504
SEARCH WARRANTS...........................................................504
626.11 Issuance of Warrant..............................................504

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 626.14 Time and Manner of Service; No-Knock Search .... 504
REPORTING .........................................................................505
626.557 Reporting of Maltreatment of Vulnerable Adults.
Subds. 4, 9, 9b,9c,9d,10,10b,12b, AMENDED .... 505
626.5572 Definitions. Subds. 2, 4, 17 AMENDED ............. 524
PEACE OFFICERS ................................................................530
626.77 Peace Officers From Adjoining States; Federal Law
Enforcement Officers ............................................530
CHAPTER 628 ACCUSATION; CHARGING INSTRUMENTS .. 531
628.26 Limitations ............................................................531

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 Criminal Code

CHAPTER 609 CRIMINAL CODE

GENERAL PRINCIPLES

609.01 NAME AND CONSTRUCTION.

Subdivision 1. Purposes. This chapter may be cited as the criminal
code of 1963. Its provisions shall be construed according to the fair import of
its terms, to promote justice, and to effect its purposes which are declared to
be:
(1) To protect the public safety and welfare by preventing the commission
of crime through the deterring effect of the sentences authorized, the
rehabilitation of those convicted, and their confinement when the public safety
and interest requires; and
(2) To protect the individual against the misuse of the criminal law by fairly
defining the acts and omissions prohibited, authorizing sentences reasonably
related to the conduct and character of the convicted person, and prescribing
fair and reasonable postconviction procedures.
Subd. 2. Repealed, 1983 c 216 a 1 s 76

609.015 SCOPE AND EFFECT.

Subdivision 1. Common law crimes abolished. Common law crimes
are abolished and no act or omission is a crime unless made so by this chapter
or by other applicable statute, but this does not prevent the use of common
law rules in the construction or interpretation of the provisions of this chapter
or other statute. Crimes committed prior to September 1, 1963, are not
affected thereby.
Subd. 2. Applicability. Unless expressly stated otherwise, or the context
otherwise requires, the provisions of this chapter also apply to crimes created
by statute other than in this chapter.

609.02 DEFINITIONS.
Subdivision 1. Crime. "Crime" means conduct which is prohibited by
statute and for which the actor may be sentenced to imprisonment, with or
without a fine.
Subd. 2. Felony. "Felony" means a crime for which a sentence of
imprisonment for more than one year may be imposed.
Subd. 2a. Repealed, 1999 c 194 s 11
Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a
sentence of not more than 90 days or a fine of not more than $1000, or both,
may be imposed.
Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime
which is not a felony or misdemeanor. The maximum fine which may be
imposed for a gross misdemeanor is $3,000.
Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty
offense which is prohibited by statute, which does not constitute a crime and
for which a sentence of a fine of not more than $300 may be imposed.

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 Subd. 5. Conviction. "Conviction" means any of the following accepted
and recorded by the court:
(1) A plea of guilty; or
(2) A verdict of guilty by a jury or a finding of guilty by the court.
Subd. 6. Dangerous weapon. "Dangerous weapon" means any firearm,
whether loaded or unloaded, or any device designed as a weapon and capable
of producing death or great bodily harm, any combustible or flammable liquid
or other device or instrumentality that, in the manner it is used or intended to
be used, is calculated or likely to produce death or great bodily harm, or any
fire that is used to produce death or great bodily harm.
As used in this subdivision, "flammable liquid" means any liquid having a
flash point below 100 degrees Fahrenheit and having a vapor pressure not
exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit
but does not include intoxicating liquor as defined in section 340A.101. As
used in this subdivision, "combustible liquid" is a liquid having a flash point at
or above 100 degrees Fahrenheit.
Subd. 7. Bodily harm. "Bodily harm" means physical pain or injury,
illness, or any impairment of physical condition.
Subd. 7a. Substantial bodily harm. "Substantial bodily harm" means
bodily injury which involves a temporary but substantial disfigurement, or
which causes a temporary but substantial loss or impairment of the function of
any bodily member or organ, or which causes a fracture of any bodily member.
Subd. 8. Great bodily harm. "Great bodily harm" means bodily injury
which creates a high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss or impairment
of the function of any bodily member or organ or other serious bodily harm.
Subd. 9. Mental state. (1) When criminal intent is an element of a crime
in this chapter, such intent is indicated by the term "intentionally," the phrase
"with intent to," the phrase "with intent that," or some form of the verbs "know"
or "believe."
(2) "Know" requires only that the actor believes that the specified fact
exists.
(3) "Intentionally" means that the actor either has a purpose to do the thing
or cause the result specified or believes that the act performed by the actor, if
successful, will cause that result. In addition, except as provided in clause (6),
the actor must have knowledge of those facts which are necessary to make
the actor's conduct criminal and which are set forth after the word
"intentionally."
(4) "With intent to" or "with intent that" means that the actor either has a
purpose to do the thing or cause the result specified or believes that the act, if
successful, will cause that result.
(5) Criminal intent does not require proof of knowledge of the existence or
constitutionality of the statute under which the actor is prosecuted or the scope
or meaning of the terms used in that statute.
(6) Criminal intent does not require proof of knowledge of the age of a
minor even though age is a material element in the crime in question.

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 Criminal Code

Subd. 10. Assault. "Assault" is:

(1) An act done with intent to cause fear in another of immediate bodily
harm or death; or
(2) The intentional infliction of or attempt to inflict bodily harm upon
another.
Subd. 11. Second or subsequent violation or offense. "Second or
subsequent violation" or "second or subsequent offense" means that prior to
the commission of the violation or offense, the actor has been adjudicated
guilty of a specified similar violation or offense.
Subd. 12. Repealed, 1993 c 326 a 2 s 34
Subd. 13. Repealed, 1993 c 326 a 2 s 34
Subd. 14. Repealed, 2014 c 263 s 4
Subd. 15. Probation. “Probation” means a court-ordered sanction
imposed upon an offender for a period of supervision no greater than that set
by statute. It is imposed as an alternative to confinement or in conjunction
with confinement or intermediate sanctions. The purpose of probation is to
deter further criminal behavior, punish the offender, help provide reparation
to crime victims and their communities, and provide offenders with
opportunities for rehabilitation.
Subd. 16. Qualified domestic violence-related offense. “Qualified
domestic violence-related offense” includes a violation of or an attempt to
violate sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 609.185 (first-degree murder); 609.19 (second-degree murder);
609.221 (first-degree assault); 609.222 (second-degree assault); 609.223
(third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal
sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344
(third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual
conduct); 609.377 (malicious punishment of a child); 609.713 (terroristic
threats); 609.748, subdivision 6 (violation of harassment restraining order);
609.749 (stalking); 609.78, subdivision 2 (interference with an emergency
call); 617.261 (nonconsensual dissemination of private sexual images); and
629.75 (violation of domestic abuse no contact order); and similar laws of other
states, the United States, the District of Columbia, tribal lands, and United
States territories.
Subd. 17. Ammunition. “Ammunition” means ammunition or cartridge
cases, primers, bullets, or propellant powder designed for use in any firearm.
Ammunition does not include ornaments, curiosities, or souvenirs constructed
from or resembling ammunition or ammunition components that are not
operable as ammunition.

609.025 JURISDICTION OF STATE.

A person may be convicted and sentenced under the law of this state if
the person:
(1) Commits an offense in whole or in part within this state; or
(2) Being without the state, causes, aids or abets another to commit a
crime within the state; or
(3) Being without the state, intentionally causes a result within the state
prohibited by the criminal laws of this state.

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 It is not a defense that the defendant's conduct is also a criminal offense
under the laws of another state or of the United States or of another country.

609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.

If a person is convicted of a crime for which no punishment is otherwise
provided the person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90
days or to payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the
amount is not specified, to payment of a fine of not more than $1,000, or to
imprisonment for a specified term of not more than six months if the fine is not
paid.

609.031 Repealed, 1983 c 331 s 11

609.032 Repealed, 1983 c 331 s 11

609.033 MAXIMUM PENALTIES; MISDEMEANORS.

Any law of this state which provides for a maximum fine of $700 as a
penalty for a misdemeanor shall, on or after August 1, 2000, be deemed to
provide for a maximum fine of $1,000.

609.0331 MAXIMUM PENALTIES; PETTY MISDEMEANORS.

A law of this state that provides, on or after August 1, 2000, for a maximum
penalty of $200 for a petty misdemeanor is considered to provide for a
maximum fine of $300.

609.0332 MAXIMUM PENALTY; PETTY MISDEMEANOR

ORDINANCE VIOLATIONS.
Subdivision 1. Increased fine. From August 1, 2000, if a state law or
municipal charter sets a limit of $200 or less on the fines that a statutory or
home rule charter city, town, county, or other political subdivision may
prescribe for an ordinance violation that is defined as a petty misdemeanor,
that law or charter is considered to provide that the political subdivision has
the power to prescribe a maximum fine of $300 for the petty misdemeanor
violation.
Subd. 2. Repealed, 1994 c 636 a 2 s 69

609.034 MAXIMUM PENALTY; ORDINANCE VIOLATIONS.

Any law of this state or municipal charter which limits the power of any
statutory or home rule charter city, town, county, or other political subdivision
to prescribe a maximum fine of $700 or less for an ordinance shall on or after
August 1, 2000, be deemed to provide that the statutory or home rule charter
city, town, county, or other political subdivision has the power to prescribe a
maximum fine of $1,000.

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 Criminal Code

609.0341 MAXIMUM FINES FOR GROSS MISDEMEANORS;

FELONIES.
Subdivision 1. Gross misdemeanors. Any law of this state which
provides for a maximum fine of $1,000 or for a maximum sentence of
imprisonment of one year or which is defined as a gross misdemeanor shall,
on or after August 1, 1983, be deemed to provide for a maximum fine of $3,000
and for a maximum sentence of imprisonment of one year.
Subd. 2. Felonies. (a) Any law of this state which provides for a
maximum fine of $2,000 shall, on or after August 1, 1983, be deemed to
provide for a maximum fine of $4,000.
(b) Any law of this state which provides for a maximum fine of $3,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$5,000.
(c) Any law of this state which provides for a maximum fine of $5,000 shall,
on or after August 1, 1983, be deemed to provide for a maximum fine of
$10,000.
(d) Any law of this state which provides for a maximum fine of $7,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$14,000.
(e) Any law of this state which provides for a maximum fine of $10,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$20,000.
(f) Any law of this state which provides for a maximum fine of $15,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$30,000.
(g) Any law of this state which provides for a maximum fine of $20,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$35,000.
(h) Any law of this state which provides for a maximum fine of $25,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$40,000.
(i) Any law of this state which provides for a maximum fine of $30,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$45,000.
(j) Any law of this state which provides for a maximum fine of $40,000
shall, on or after August 1, 1983, be deemed to provide for a maximum fine of
$50,000.
Subd. 3. Repealed, 1984 c 628 a 3 s 10.

609.035 CRIME PUNISHABLE UNDER DIFFERENT

PROVISIONS.
Subdivision 1. Conduct; multiple crimes; chargeable for one
offense. Except as provided in subdivisions 2, 3, 4, and 5, and in sections
609.251, 609.585, 609.21, subdivision 1b, 609.2691, 609.486, 609.494, and
609.856, if a person's conduct constitutes more than one offense under the
laws of this state, the person may be punished for only one of the offenses
and a conviction or acquittal of any one of them is a bar to prosecution for any

21
other of them. All the offenses, if prosecuted, shall be included in one
prosecution which shall be stated in separate counts.
Subd. 2. Consecutive sentences. (a) When a person is being
sentenced for a violation of a provision listed in paragraph (e), the court may
sentence the person to a consecutive term of imprisonment for a violation of
any other provision listed in paragraph (e), notwithstanding the fact that the
offenses arose out of the same course of conduct, subject to the limitation on
consecutive sentences contained in section 609.15, subdivision 2, and except
as provided in paragraphs (b), (c), and (f) of this subdivision.
(b) When a person is being sentenced for a violation of section 171.09,
171.20, 171.24, or 171.30, the court may not impose a consecutive sentence
for another violation of a provision in chapter 171.
(c) When a person is being sentenced for a violation of section 169.791
or 169.797, the court may not impose a consecutive sentence for another
violation of a provision of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the court to impose
consecutive sentences for crimes arising on different dates or to impose a
consecutive sentence when a person is being sentenced for a crime and is
also in violation of the conditions of a stayed or otherwise deferred sentence
under section 609.135.
(e) This subdivision applies to misdemeanor and gross misdemeanor
violations of the following if the offender has two or more prior impaired driving
convictions as defined in section 169A.03 within the past ten years:
(1) section 169A.20, subdivision 1, 1a, 1b, or 1c, driving while impaired;
(2) section 169A.20, subdivision 2, test refusal;
(3) section 169.791, failure to provide proof of insurance;
(4) section 169.797, failure to provide vehicle insurance;
(5) section 171.09, violation of condition of restricted license;
(6) section 171.20, subdivision 2, operation after revocation, suspension,
cancellation, or disqualification;
(7) section 171.24, driving without valid license; and
(8) section 171.30, violation of condition of limited license.
(f) When a court is sentencing an offender for a violation of section
169A.20 and a violation of an offense listed in paragraph (e), and the offender
has five or more qualified prior impaired driving incidents, as defined in section
169A.03, within the past ten years, the court shall sentence the offender to
serve consecutive sentences for the offenses, notwithstanding the fact that the
offenses arose out of the same course of conduct.
Subdivision 2, paragraph (f), was found unconstitutional in State v. Blooflat,
671 N.W.2d 591 (Minn. Ct. App. 2003).
Subd. 3. Exception; firearms offenses. Notwithstanding section
609.04, a prosecution for or conviction of a violation of section 609.165 or
624.713, subdivision 1, clause (2), is not a bar to conviction of or punishment
for any other crime committed by the defendant as part of the same conduct.
Subd. 4. Exception; arson offenses. Notwithstanding section 609.04,
a prosecution for or conviction of a violation of sections 609.561 to 609.563 or
609.5641 is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct when the defendant
is shown to have violated sections 609.561 to 609.563 or 609.5641 for the
purpose of concealing any other crime.

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 Criminal Code

For purposes of the Sentencing Guidelines, a violation of sections

609.561 to 609.563 or 609.5641 is a crime against the person.
Subd. 5. Exception; fleeing a peace officer. Notwithstanding
subdivision 1, a prosecution or conviction for violating section 609.487 is not
a bar to conviction of or punishment for any other crime committed by the
defendant as part of the same conduct. If an offender is punished for more
than one crime as authorized by this subdivision and the court imposes
consecutive sentences for the crimes, the consecutive sentences are not a
departure from the Sentencing Guidelines.
Subd. 6. Exception; criminal sexual conduct offenses.
Notwithstanding subdivision 1, a prosecution or conviction for committing a
violation of sections 609.342 to 609.345 with force or violence is not a bar to
conviction of or punishment for any other crime committed by the defendant
as part of the same conduct. If an offender is punished for more than one
crime as authorized by this subdivision and the court imposes consecutive
sentences for the crimes, the consecutive sentences are not a departure from
the Sentencing Guidelines.

609.04 CONVICTION OF LESSER OFFENSE.

Subdivision 1. Lesser offense prosecution. Upon prosecution for a
crime, the actor may be convicted of either the crime charged or an included
offense, but not both. An included offense may be any of the following:
(1) A lesser degree of the same crime; or
(2) An attempt to commit the crime charged; or
(3) An attempt to commit a lesser degree of the same crime; or
(4) A crime necessarily proved if the crime charged were proved; or
(5) A petty misdemeanor necessarily proved if the misdemeanor charge
were proved.
Subd. 2. Conviction; bar to prosecution. A conviction or acquittal of a
crime is a bar to further prosecution of any included offense, or other degree
of the same crime.

609.041 PROOF OF PRIOR CONVICTIONS.

In a criminal prosecution in which the degree of the crime or the penalty
for the crime depends, in whole or in part, on proof of the existence of a prior
conviction, if the defendant contests the existence of or factual basis for a prior
conviction, proof of it is established by competent and reliable evidence,
including a certified court record of the conviction.

609.045 FOREIGN CONVICTION OR ACQUITTAL.

If an act or omission in this state constitutes a crime under both the laws
of this state and the laws of another jurisdiction, a conviction or acquittal of the
crime in the other jurisdiction shall not bar prosecution for the crime in this
state unless the elements of both law and fact are identical.

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609.05 LIABILITY FOR CRIMES OF ANOTHER.
Subdivision 1. Aiding, abetting; liability. A person is criminally liable
for a crime committed by another if the person intentionally aids, advises,
hires, counsels, or conspires with or otherwise procures the other to commit
the crime.
Subd. 2. Expansive liability. A person liable under subdivision 1 is also
liable for any other crime committed in pursuance of the intended crime if
reasonably foreseeable by the person as a probable consequence of
committing or attempting to commit the crime intended.
Subd. 3. Abandonment of criminal purpose. A person who
intentionally aids, advises, hires, counsels, or conspires with or otherwise
procures another to commit a crime and thereafter abandons that purpose and
makes a reasonable effort to prevent the commission of the crime prior to its
commission is not liable if the crime is thereafter committed.
Subd. 4. Circumstances of conviction. A person liable under this
section may be charged with and convicted of the crime although the person
who directly committed it has not been convicted, or has been convicted of
some other degree of the crime or of some other crime based on the same
act, or if the person is a juvenile who has not been found delinquent for the
act.
Subd. 5. Definition. For purposes of this section, a crime also includes
an act committed by a juvenile that would be a crime if committed by an adult.

609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.

Subdivision 1. General Rule. Children under the age of 14 years are
incapable of committing crime.
Subd. 2. Adult Prosecution. (a) Except as otherwise provided in
paragraph (b), children of the age of 14 years or over but under 18 years may
be prosecuted for a felony offense if the alleged violation is duly certified for
prosecution under the laws and court procedures controlling adult criminal
violations or may be designated an extended jurisdiction juvenile in
accordance with the provisions of chapter 260B. A child who is 16 years of
age or older but under 18 years of age is capable of committing a crime and
may be prosecuted for a felony if:
(1) the child has been previously certified on a felony charge pursuant to
a hearing under section 260B.125, subdivision 2, or pursuant to the waiver of
the right to such a hearing, or prosecuted pursuant to this subdivision; and
(2) the child was convicted of the felony offense or offenses for which the
child was prosecuted or of a lesser included felony offense.
(b) A child who is alleged to have committed murder in the first degree
after becoming 16 years of age is capable of committing a crime and may be
prosecuted for the felony. This paragraph does not apply to a child alleged to
have committed attempted murder in the first degree after becoming 16 years
of age.

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 Criminal Code

609.06 AUTHORIZED USE OF FORCE.

Subd. 1. When authorized. Except as otherwise provided in
subdivisions 2 and 3, reasonable force may be used upon or toward the
person of another without the other's consent when the following
circumstances exist or the actor reasonably believes them to exist:
(1) When used by a public officer or one assisting a public officer under
the public officer's direction:
(a) in effecting a lawful arrest; or
(b) in the execution of legal process; or
(c) in enforcing an order of the court; or
(d) in executing any other duty imposed upon the public officer by law; or
(2) When used by a person not a public officer in arresting another in the
cases and in the manner provided by law and delivering the other to an officer
competent to receive the other into custody; or
(3) When used by any person in resisting or aiding another to resist an
offense against the person; or
(4) When used by any person in lawful possession of real or personal
property, or by another assisting the person in lawful possession, in resisting
a trespass upon or other unlawful interference with such property; or
(5) When used by any person to prevent the escape, or to retake following
the escape, of a person lawfully held on a charge or conviction of a crime; or
(6) When used by a parent, guardian, teacher or other lawful custodian of
a child or pupil, in the exercise of lawful authority, to restrain or correct such
child or pupil; or
(7) When used by a school employee or school bus driver, in the exercise
of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death
to another; or
(8) When used by a common carrier in expelling a passenger who refuses
to obey a lawful requirement for the conduct of passengers and reasonable
care is exercised with regard to the passenger's personal safety; or
(9) When used to restrain a person who has a mental illness or a
developmental disability from self-injury or injury to another or when used by
one with authority to do so to compel compliance with reasonable
requirements for the person's control, conduct, or treatment; or
(10) When used by a public or private institution providing custody or
treatment against one lawfully committed to it to compel compliance with
reasonable requirements for the control, conduct or treatment of the
committed person.
Subd. 2. Deadly force used against peace officers. Deadly force may
not be used against peace officers who have announced their presence and
are performing official duties at a location where a person is committing a
crime or an act that would be a crime if committed by an adult.
Subd. 3. Limitations on the use of certain restraints. (a) A peace
officer may not use any of the following restraints unless section 609.066
authorizes the use of deadly force to protect the peace officer or another from
death or great bodily harm:
(1) a choke hold;
(2) tying all of a person's limbs together behind the person's back to render
the person immobile; or

25
 (3) securing a person in any way that results in transporting the person
face down in a vehicle.
(b) For the purposes of this subdivision, "choke hold" means a method by
which a person applies sufficient pressure to a person to make breathing
difficult or impossible, and includes but is not limited to any pressure to the
neck, throat, or windpipe that may prevent or hinder breathing, or reduce
intake of air. Choke hold also means applying pressure to a person's neck on
either side of the windpipe, but not to the windpipe itself, to stop the flow of
blood to the brain via the carotid arteries.

609.065 JUSTIFIABLE TAKING OF LIFE.

The intentional taking of the life of another is not authorized by section
609.06, except when necessary in resisting or preventing an offense which the
actor reasonably believes exposes the actor or another to great bodily harm
or death, or preventing the commission of a felony in the actor's place of
abode.

609.066 AUTHORIZED USE OF DEADLY FORCE BY PEACE

OFFICERS.
Subdivision 1. Deadly force defined. For the purposes of this section,
"deadly force" means force which the actor uses with the purpose of causing,
or which the actor should reasonably know creates a substantial risk of
causing, death or great bodily harm. The intentional discharge of a firearm,
other than a firearm loaded with less lethal munitions and used by a peace
officer within the scope of official duties, in the direction of another person, or
at a vehicle in which another person is believed to be, constitutes deadly force.
“Less lethal munitions” means projectiles which are designed to stun,
temporarily incapacitate, or cause temporary discomfort to a person. “Peace
officer” has the meaning given in section 626.84, subdivision 1.
Subd. 1a. Legislative intent. The legislature hereby finds and declares
the following:
(1) that the authority to use deadly force, conferred on peace officers by
this section, is a critical responsibility that shall be exercised judiciously and
with respect for human rights and dignity and for the sanctity of every human
life. The legislature further finds and declares that every person has a right to
be free from excessive use of force by officers acting under color of law;
(2) as set forth below, it is the intent of the legislature that peace officers
use deadly force only when necessary in defense of human life or to prevent
great bodily harm. In determining whether deadly force is necessary, officers
shall evaluate each situation in light of the particular circumstances of each
case;
(3) that the decision by a peace officer to use deadly force shall be
evaluated from the perspective of a reasonable officer in the same situation,
based on the totality of the circumstances known to or perceived by the officer
at the time, rather than with the benefit of hindsight, and that the totality of the
circumstances shall account for occasions when officers may be forced to
make quick judgments about using deadly force; and
(4) that peace officers should exercise special care when interacting with
individuals with known physical, mental health, developmental, or intellectual

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disabilities as an individual's disability may affect the individual's ability to

understand or comply with commands from peace officers.
Subd. 2. Use of deadly force. (a) Notwithstanding the provisions of
section 609.06 or 609.065, the use of deadly force by a peace officer in the
line of duty is justified only if an objectively reasonable officer would believe,
based on the totality of the circumstances known to the officer at the time and
without the benefit of hindsight, that such force is necessary:
(1) To protect the peace officer or another from death or great bodily harm,
provided that the threat:
(i) can be articulated with specificity by the law enforcement officer;
(ii) is reasonably likely to occur absent action by the law enforcement
officer; and
(iii) must be addressed through the use of deadly force without
unreasonable delay; or
(2) To effect the arrest or capture, or prevent the escape, of a person
whom the peace officer knows or has reasonable grounds to believe has
committed or attempted to commit a felony and the officer reasonably believes
that the person will cause death or great bodily harm to another person under
the threat criteria in clause (1), items (i) to (iii), unless immediately
apprehended.
(b) A peace officer shall not use deadly force against a person based on
the danger the person poses to self if an objectively reasonable officer would
believe, based on the totality of the circumstances known to the officer at the
time and without the benefit of hindsight, that the person does not pose a
threat of death or great bodily harm to the peace officer or to another under
the threat criteria in paragraph (a), clause (1), items (i) to (iii).
Subd. 3. No defense. This section and sections 609.06, 609.065 and
629.33 may not be used as a defense in a civil action brought by an innocent
third party.

609.075 INTOXICATION AS DEFENSE.

An act committed while in a state of voluntary intoxication is not less
criminal by reason thereof, but when a particular intent or other state of mind
is a necessary element to constitute a particular crime, the fact of intoxication
may be taken into consideration in determining such intent or state of mind.

609.08 DURESS.
Except as provided in section 609.20, clause (3), when any crime is
committed or participated in by two or more persons, any one of whom
participates only under compulsion by another engaged therein, who by
threats creates a reasonable apprehension in the mind of such participator
that in case of refusal that participator is liable to instant death, such threats
and apprehension constitute duress which will excuse such participator from
criminal liability.

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609.085 SENDING WRITTEN COMMUNICATION.
Subdivision 1. Definition of offense. When the sending of a letter or
other written communication is made an offense, the offense is complete upon
deposit of the letter or communication in any official depository of mail or given
to another for the purpose of delivery to the receiver.
Subd. 2. Venue. The offense is committed in both the county in which
the letter is so deposited or given and the county in which it is received by the
person for whom it is intended.

609.09 COMPELLING TESTIMONY; IMMUNITY FROM

PROSECUTION.
Subdivision 1. Conditions of immunity. In any criminal proceeding,
including a grand jury proceeding, paternity proceeding, or proceeding in
juvenile court, if it appears a person may be entitled to refuse to answer a
question or produce evidence of any other kind on the ground that the person
may be incriminated thereby, and if the prosecuting attorney, in writing,
requests the chief judge of the district or a judge of the court in which the
proceeding is pending to order that person to answer the question or produce
the evidence, the judge, after notice to the witness and hearing, shall so order
if the judge finds that to do so would not be contrary to the public interest and
would not be likely to expose the witness to prosecution in another state or in
the federal courts.
After complying, and if, but for this section, the witness would have been
privileged to withhold the answer given or the evidence produced by the
witness, no testimony or other information compelled under the order, or any
information directly or indirectly derived from such testimony or other
information may be used against the witness in any criminal case, but the
witness may be prosecuted or subjected to penalty or forfeiture for any perjury,
false swearing or contempt committed in answering, or in failing to answer, or
in producing, or failing to produce, evidence in accordance with the order.
Subd. 2. Testimony required; no use of testimony for prosecution.
In every case not provided for in subdivision 1 and in which it is provided by
law that a witness shall not be excused from giving testimony tending to be
self-incriminating, no person shall be excused from testifying or producing any
papers or documents on the ground that doing so may tend to criminate the
person or subject the person to a penalty or forfeiture; but no testimony or
other information directly or indirectly derived from such testimony or other
information may be used against the witness in any criminal case, except for
perjury committed in such testimony.

609.092 JUVENILE PETTY OFFENDERS; USE OF

RESTORATIVE JUSTICE.
Subdivision 1. First-time juvenile petty offenders; applicability;
procedure. (a) This subdivision applies to a child alleged to be a juvenile petty
offender who:
(1) has not been previously adjudicated delinquent or as a petty offender;
(2) has not previously participated in or completed a diversion program for
an offense;
(3) has not previously been placed on probation without an adjudication for

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an offense or received a continuance under section 260B.198, subdivision 7;

and
(4) agrees to successfully complete a restorative justice program under this
section.
(b) Subject to subdivision 6, the prosecutor shall refer a child described in
paragraph (a) to a restorative justice program or provider that has been
included on the approved provider list described in subdivision 4. The program
or provider shall arrange an appropriate outcome for the matter using
restorative justice concepts. The program or provider shall involve the victim
of the offense in the proceedings. If the victim is unwilling or unable to proceed,
or if there is no identifiable victim, the program or provider shall ensure that
someone serves as a proxy for the victim. The program or provider and child,
along with other participants, shall agree in writing to an appropriate sanction
for the child. The sanction may include any of the dispositions authorized in
section 260B.235, if appropriate, along with any other sanctions agreed to.
Subd. 2. Failure to comply. If a person fails to comply with the settlement
agreement, the person shall be referred back to the court for further
proceedings.
Subd. 3. Dismissal of charge. Upon the successful completion by a
person of the sanctions agreed to in the settlement agreement, the program
or provider shall notify the court and the court shall dismiss the charge against
the person.
Subd. 4. Approved list. The prosecutor shall maintain a list of approved
restorative justice programs and providers to which persons may be referred
under this section.
Subd. 5. Preference for culturally specific programs. If a restorative
justice program or provider that is tailored in a more culturally specific manner
to the person is on the list of approved providers under subdivision 4, and the
prosecutor is referring the person to a restorative justice program or provider
under this section, the prosecutor shall refer the person to the more
appropriate program or provider.
Subd. 6. Exceptions; availability of programs; diversion alternatives;
domestic abuse. This section applies only in jurisdictions where suitable
restorative justice programs and providers are available and are able to accept
the referral. This section does not apply if a prosecutor has determined that a
nonrestorative justice diversion program is more appropriate for the person. In
addition, this section does not apply to cases involving domestic violence or
domestic assault.
Subd. 7. Definition. As used in this section, "restorative justice" has the
meaning given in section 611A.775. The term also includes Native American
sentencing circles.

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 SENTENCES

609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and
offenses and the range of the sentences or punishments for their violation. No
other or different sentence or punishment shall be imposed for the commission
of a crime than is authorized by this chapter or other applicable law.
(b) Except as provided in section 152.18, 609.1056, 609.375, or upon
agreement of the parties, a court may not refuse to adjudicate the guilt of a
defendant who tenders a guilty plea in accordance with Minnesota Rules of
Criminal Procedure, rule 15, or who has been found guilty by a court or jury
following a trial. A decision by the court to issue a stay of adjudication under
this paragraph for a charge of violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in
writing and on the record.
(c) Paragraph (b) does not supersede Minnesota Rules of Criminal
Procedure, rule 26.04.

609.10 SENTENCES AVAILABLE.

Subdivision 1. Sentences available. (a) Upon conviction of a felony
and compliance with the other provisions of this chapter the court, if it imposes
sentence, may sentence the defendant to the extent authorized by law as
follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the court; or
(3) to both imprisonment for a fixed term of years and payment of a fine;
or
(4) to payment of a fine without imprisonment or as an intermediate
sanction on a stayed sentence; or
(5) to payment of court-ordered restitution in addition to either
imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized under section
609.102 in addition to any other sentence imposed by the court.
(b) If the court imposes a fine or orders restitution under paragraph (a),
payment is due on the date imposed unless the court otherwise establishes a
due date or a payment plan.
Subd. 2. Restitution. (a) As used in this section, "restitution" includes:
(1) payment of compensation to the victim or the victim's family; and
(2) if the victim is deceased or already has been fully compensated,
payment of money to a victim assistance program or other program directed
by the court.
“Restitution” includes payment of compensation to a government entity
that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of court-ordered
restitution and the fine at the same time, the court may order that all restitution
shall be paid before the fine is paid.

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 Criminal Code

609.101 SURCHARGE ON FINES, ASSESSMENTS; MINIMUM

FINES.
Subdivision 1. Repealed, 1998 c 367 a 8 s 26
Subd. 2. Minimum fines. Notwithstanding any other law, when a court
sentences a person convicted of violating section 609.221, 609.222, 609.223,
609.2231, 609.224, 609.2242, 609.267, 609.2671, 609.2672, 609.342,
609.343, 609.344, or 609.345, it must impose a fine of not less than 30 percent
of the maximum fine authorized by law nor more than the maximum fine
authorized by law.
The court shall collect the portion of the fine mandated by this subdivision
and forward 70 percent of it to a local victim assistance program that provides
services locally in the county in which the crime was committed. The court
shall forward the remaining 30 percent to the commissioner of finance to be
credited to the general fund. If more than one victim assistance program
serves the county in which the crime was committed, the court may designate
on a case-by-case basis which program will receive the fine proceeds, giving
consideration to the nature of the crime committed, the types of victims served
by the program, and the funding needs of the program. If no victim assistance
program serves that county, the court shall forward 100 percent of the fine
proceeds to the commissioner of finance to be credited to the general fund.
Fine proceeds received by a local victim assistance program must be used to
provide direct services to crime victims.
The minimum fine required by this subdivision is in addition to the
surcharge or assessment required by section 357.021, subdivision 6, and is in
addition to any sentence of imprisonment or restitution imposed or ordered by
the court.
As used in this subdivision, "victim assistance program" means victim
witness programs within county attorney offices or any of the following
programs: crime victim crisis centers, victim-witness programs, battered
women shelters and nonshelter programs, and sexual assault programs.
Subd. 3. Controlled substance offenses; minimum fines. (a)
Notwithstanding any other law, when a court sentences a person convicted of
a controlled substance crime under sections 152.021 to 152.025 and
152.0262, it must impose a fine of not less than 30 percent of the maximum
fine authorized by law nor more than the maximum fine authorized by law.
(b) The minimum fine required by this subdivision is in addition to the
surcharge or assessment required by section 357.021, subdivision 6, and is in
addition to any sentence of imprisonment or restitution imposed or ordered by
the court.
(c) The court shall collect the fine mandated by this subdivision and
forward 70 percent of it to a local drug abuse prevention or intervention
program existing or being implemented in the county in which the crime was
committed. The court shall forward the remaining 30 percent to the
commissioner of finance to be credited to the general fund. If more than one
drug abuse prevention or intervention program serves the county in which the
crime was committed, the court may designate on a case-by-case basis which
program will receive the fine proceeds, giving consideration to the community
in which the crime was committed, the funding needs of the program, the
number of peace officers in each community certified to teach the program,
and the number of children served by the program in each community. If no

31
drug abuse prevention or intervention program serves communities in that
county, the court shall forward 100 percent of the fine proceeds to the
commissioner of finance to be credited to the general fund.
(d) The minimum fines required by this subdivision shall be collected as
are other fines. Fine proceeds received by a local drug abuse prevention or
intervention program must be used to support that program, and may be used
for salaries of program staff or peace officers certified to teach the program.
The program must report receipt and use of money generated under this
subdivision to the state court administrator by January 15 of each year. The
state court administrator must make this information available upon request.
(e) As used in this subdivision, "drug abuse prevention or intervention
program" and "program" include:
(1) the drug abuse resistance education program described in section
299A.33;
(2) a drug abuse education and prevention program that includes the
following components:
(i) instruction for students enrolled in kindergarten through grade six that
is designed to teach students to recognize and resist pressures to experiment
with controlled substances and alcohol;
(ii) provisions for parental involvement;
(iii) classroom instruction by uniformed law enforcement personnel;
(iv) the use of positive student leaders to influence younger students not
to use drugs; and
(v) an emphasis on activity-oriented techniques designed to encourage
student-generated responses to problem-solving situations; and
(3) a juvenile court program that:
(i) provides intervention strategies to reduce drug abuse and criminal
behavior in juvenile offenders; and
(ii) promotes local drug abuse prevention efforts within the community.
Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
(1) when a court sentences a person convicted of a felony that is not
listed in subdivision 2 or 3, it must impose a fine of not less than 30 percent of
the
maximum fine authorized by law nor more than the maximum fine
authorized by law; and
(2) when a court sentences a person convicted of a gross misdemeanor
or misdemeanor that is not listed in subdivision 2, it must impose a fine of not
less than 30 percent of the maximum fine authorized by law nor more than the
maximum fine authorized by law, unless the fine is set at a lower amount on a
uniform fine schedule established by the Judicial Council in consultation with
affected state and local agencies. This schedule shall be promulgated not
later than September 1 of each year and shall become effective on January 1
of the next year unless the legislature, by law, provides otherwise.
The minimum fine required by this subdivision is in addition to the
surcharge or assessment required by section 357.021, subdivision 6, and is in
addition to any sentence of imprisonment or restitution imposed or ordered by
the court.
Subd. 5. Waiver prohibited; reduction and installment payments. (a)
The court may not waive payment of the minimum fine required by this section.

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 Criminal Code

(b) If the defendant qualifies for the services of a public defender or the
court finds on the record that the convicted person is indigent or that
immediate payment of the fine would create undue hardship for the convicted
person or that person's immediate family, the court may reduce the amount of
the minimum fine to not less than $50. Additionally, the court may permit the
defendant to perform community work service in lieu of a fine.
(c) The court also may authorize payment of the fine in installments.

609.102 LOCAL CORRECTIONAL FEES; IMPOSITION BY

COURT.
Subdivision 1. Definition. As used in this section, "local correctional
fee" means a fee for local correctional services established by a local
correctional agency under section 244.18.
Subd. 2. Imposition of fee. When a court places a person convicted of
a crime under the supervision and control of a local correctional agency, that
agency may collect a local correctional fee based on the local correctional
agency's fee schedule adopted under section 244.18.
Subd. 2a. Imposition of correctional fee. When a person convicted of
a crime is supervised by the commissioner of corrections, the commissioner
may collect a correctional fee under section 241.272.
Subd. 3. Repealed, 1999 c 111 s 6
Subd. 4. Repealed, 1999 c 111 s 6

609.103 Repealed, MS 2008 c 299 s 28

609.104 FINE AND SURCHARGE COLLECTION.

Subdivision 1. Failure to pay restitution or fine. (a) Any portion of a fine,
surcharge, court cost, restitution, or fee that the defendant fails to pay by the
due date may be referred for collection under section 480.15, subdivision 10c.
If the defendant has agreed to a payment plan but fails to pay an installment
when due, the entire amount remaining becomes due and payable and may
be referred for collection under section 480.15, subdivision 10c.
(b) The defendant may contest the referral for collection based on inability
to pay by requesting a hearing no later than the due date. The defendant shall
be notified in writing at sentencing that under section 480.15, subdivision 10c,
the court may refer the case for collection for nonpayment, and collection costs
may be added to the amount due. The defendant shall also be notified in
writing of the right to contest a referral for collection. The state court
administrator shall develop the notice language.
Subd. 2. Fine and surcharge collection. (a) A defendant's obligation to
pay court-ordered fines, surcharges, court costs, restitution, and fees shall
survive after the due date for a period set by the Judicial Council.
(b) Any change in the collection period established by the Judicial Council
shall be effective on court-ordered fines, surcharges, court costs, restitution,
and fees imposed on or after the effective date of this section.
(c) The period relating to a defendant's obligation to pay restitution under
paragraph (a) does not limit the victim's right to collect restitution through other
means such as a civil judgment.
(d) Nothing in this subdivision extends the period of a defendant's stay of

33
sentence imposition or execution.

609.105 SENTENCE OF IMPRISONMENT.

Subdivision 1. Sentence to more than one year. A felony sentence to
imprisonment for more than one year shall commit the defendant to the
custody of the commissioner of corrections.
Subd. 1a. Repealed, 2009 c 83 a 3 s 24
Subd. 1b. Repealed, 2009 c 83 a 3 s 24
Subd. 2. Place of confinement. The commissioner of corrections shall
determine the place of confinement in a prison, reformatory, or other facility of
the department of corrections established by law for the confinement of
convicted persons and prescribe reasonable conditions and rules for their
employment, conduct, instruction, and discipline within or without the facility.
When the remaining term of imprisonment for a convicted person upon
commitment is 90 days or less, the commissioner of corrections may contract
with a county for placement of the person in a county jail or detention center
for the remainder of the person's term.
Subd. 3. Sentence to one year or less. A sentence to imprisonment for
a period of one year or any lesser period shall be to a workhouse, work farm,
county jail, or other place authorized by law.

609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT

MENTAL ILLNESS; ALTERNATIVE PLACEMENT.
When a court intends to commit an offender with a serious and persistent
mental illness, as defined in section 245.462, subdivision 20, paragraph (c), to
the custody of the commissioner of corrections for imprisonment at a state
correctional facility, either when initially pronouncing a sentence or when
revoking an offender's probation, the court, when consistent with public safety,
may instead place the offender on probation or continue the offender's
probation and require as a condition of the probation that the offender
successfully complete an appropriate supervised alternative living program
having a mental health treatment component. This section applies only to
offenders who would have a remaining term of imprisonment after adjusting
for credit for prior imprisonment, if any, of more than one year.

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 Criminal Code

609.1056 MILITARY VETERANS: CRIMES COMMITTED

BECAUSE OF CONDITIONS RESULTING FROM SERVICE:
DISCHARGE AND DISMISSAL.
Subdivision 1. Definitions. As used in this section, the following terms
have the meanings given:
(1) "applicable condition" means sexual trauma, traumatic brain
injury, posttraumatic stress disorder, substance abuse, or a mental health
condition;
(2) "eligible offense" means any misdemeanor or gross
misdemeanor, and any felony that is ranked at severity level 7 or lower or D7
or lower on the Sentencing Guidelines grid; and
(3) "veterans treatment court program" means a program that has
the following essential characteristics:
(i) the integration of services in the processing of cases in the
judicial system;
(ii) the use of a nonadversarial approach involving prosecutors and
defense attorneys to promote public safety and to protect the due process
rights of program participants;
(iii) early identification and prompt placement of eligible participants
in the program;
(iv) access to a continuum of alcohol, controlled substance, mental
health, and other related treatment and rehabilitative services;
(v) careful monitoring of treatment and services provided to program
participants;
(vi) a coordinated strategy to govern program responses to
participants' compliance;
(vii) ongoing judicial interaction with program participants;
(viii) monitoring and evaluation of program goals and effectiveness;
(ix) continuing interdisciplinary education to promote effective
program planning, implementation, and operations;
(x) development of partnerships with public agencies and
community organizations, including the United States Department of
Veterans Affairs; and
(xi) inclusion of a participant's family members who agree to be
involved in the treatment and services provided to the participant under the
program.
Subd. 2. Deferred prosecution. (a) The court shall defer prosecution
for an eligible offense committed by a defendant who was, or currently is, a
member of the United States military as provided in this subdivision. The court
shall defer prosecution at the request of the defendant upon a finding of guilty
after trial or upon a guilty plea.
(b) A defendant who requests to be sentenced under this section shall
release or authorize access to military service reports and records relating to
an alleged applicable condition stemming from service in the United States
military. The court must file the records as confidential, and the records must
remain sealed, except as provided in this paragraph. The defendant, through
existing records or licensed professional evaluation, shall establish the
diagnosis of the applicable condition and its connection to military service. The
court, on its motion or the prosecutor's motion with notice to defense counsel,

35
may order the defendant to furnish to the court for in-camera review or to the
prosecutor copies of all medical and military service reports and records
previously or subsequently made concerning the defendant's condition and its
connection to service.
(c) Based on the record, the court shall determine, by clear and
convincing evidence, whether the defendant suffers from an applicable
condition, whether that condition stems from service in the United States
military, and whether the offense was committed as a result of the applicable
condition. Within 15 days of the court's findings, either party may file a
challenge to the findings and demand a hearing on the defendant's eligibility
under this section.
(d) If the court makes the determination described in paragraph (c),
the court shall, without entering a judgment of guilty, defer further proceedings
and place the defendant on probation upon such reasonable conditions as it
may require and for a period not to exceed the maximum period provided by
law. A court may extend a defendant's term of probation pursuant to section
609.135, subdivision 2, paragraphs (g) and (h). Conditions ordered by the
court must include treatment, services, rehabilitation, and education sufficient
so that if completed, the defendant would be eligible for discharge and
dismissal under subdivision 3. If the court determines that a defendant suffers
from a substance use disorder, the court shall order a Rule 25 assessment
under Minnesota Rules, part 9530.6615, and order the defendant to follow the
recommendations contained in the assessment. If the court determines that a
defendant suffers from posttraumatic stress disorder, sexual trauma, traumatic
brain injury, or other mental health conditions, the court shall order a mental
health assessment conducted by a licensed mental health professional and
follow the recommendations contained in the examiner's report.
(e) If the court determines that the defendant is eligible for a deferred
sentence but the defendant has previously received a deferred sentence for a
felony offense under this subdivision, the court may, but is not required to,
impose a deferred sentence. If the court does not impose a deferred sentence,
the court may sentence the defendant as otherwise provided in law, including
as provided in subdivision 4.
(f) Upon violation of a condition of probation, the court may enter an
adjudication of guilt and proceed as otherwise provided in law, including as
provided in subdivision 4.
(g) As a condition of probation, the court may order the defendant to
attend a local, state, federal, or private nonprofit treatment program for a
period not to exceed the maximum period for which the defendant could have
been incarcerated.
(h) The court, when issuing an order under this subdivision that a
defendant attend an established treatment program, shall give preference to
a treatment program that has a history of successfully treating veterans who
suffer from applicable conditions caused by military service, including but not
limited to programs operated by the United States Department of Defense or
Veterans Affairs.
(i) The court and any assigned treatment program shall collaborate
with, when available, the county veterans service officer and the United States
Department of Veterans Affairs to maximize benefits and services provided to
the defendant. If an appropriate treatment provider is not available in the

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 Criminal Code

defendant's county of residence or public funding is not available, the

Minnesota Department of Veterans Affairs shall coordinate with the United
States Department of Veterans Affairs to locate an appropriate treatment
program and sources to fund the cost of the defendant's participation in the
program.
(j) If available in the county or judicial district having jurisdiction over
the case, the defendant may be supervised by a veterans treatment court
program under subdivision 5. If there is a veterans treatment court that meets
the requirements of subdivision 5 in the county in which the defendant resides
or works, supervision of the defendant may be transferred to that county or
judicial district veterans treatment court program. Upon the defendant's
successful or unsuccessful completion of the program, the veterans treatment
court program shall communicate this information to the court of original
jurisdiction for further action.
(k) Sentencing pursuant to this subdivision waives any right to
administrative review pursuant to section 169A.53, subdivision 1, or judicial
review pursuant to section 169A.53, subdivision 2, for a license revocation or
cancellation imposed pursuant to section 169A.52, and also waives any right
to administrative review pursuant to section 171.177, subdivision 10, or judicial
review pursuant to section 171.177, subdivision 11, for a license revocation or
cancellation imposed pursuant to section 171.177, if that license revocation or
cancellation is the result of the same incident for which the defendant is being
sentenced.
Subd. 3. Discharge and dismissal. (a) Upon the expiration of the
period of the defendant's probation, the court shall hold a hearing to discharge
the defendant from probation and determine whether to dismiss the
proceedings against a defendant who received a deferred sentence under
subdivision 2. The hearing shall be scheduled so that the parties have
adequate time to prepare and present arguments regarding the issue of
dismissal. The parties may submit written arguments to the court prior to the
date of the hearing and may make oral arguments before the court at the
hearing. The defendant must be present at the hearing unless excused under
Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
(b) The court shall provide notice to any identifiable victim of the
offense at least 15 days before the hearing is held. Notice to victims of the
offense under this subdivision must specifically inform the victim of the right to
submit an oral or written statement to the court at the time of the hearing
describing the harm suffered by the victim as a result of the crime and the
victim's recommendation on whether dismissal should be granted or denied.
The judge shall consider the victim's statement when making a decision. If a
victim notifies the prosecutor of an objection to dismissal and is not present at
the hearing, the prosecutor shall make the objections known to the court.
(c) The court shall dismiss proceedings against a defendant if the
court finds by clear and convincing evidence that the defendant:
(1) is in compliance with the conditions of probation;
(2) has successfully completed court-ordered treatment and services
to address the applicable condition caused by military service;

37
 (3) does not represent a danger to the health or safety of victims or
others; and
(4) has demonstrated significant benefit from court-ordered
education, treatment, or rehabilitation to clearly show that a discharge and
dismissal under this subdivision is in the interests of justice.
(d) In determining the interests of justice, the court shall consider,
among other factors, all of the following:
(1) the defendant's completion and degree of participation in
education, treatment, and rehabilitation as ordered by the court;
(2) the defendant's progress in formal education;
(3) the defendant's development of career potential;
(4) the defendant's leadership and personal responsibility efforts;
(5) the defendant's contribution of service in support of the
community;
(6) the level of harm to the community from the offense;
(7) the level of harm to the victim from the offense with the court's
determination of harm guided by the factors for evaluating injury and loss
contained in the applicable victim's rights provisions of chapter 611A; and
(8) the statement of the victim, if any.
(e) If the court finds that the defendant does not qualify for discharge
and dismissal under paragraph (c), the court shall enter an adjudication of guilt
and proceed as otherwise provided in law, including as provided in subdivision
4.
(f) Discharge and dismissal under this subdivision shall be without
court adjudication of guilt, but a not public record of the discharge and
dismissal shall be retained by the Bureau of Criminal Apprehension for the
purpose of use by the courts in determining the merits of subsequent
proceedings against the defendant. The not public record may also be opened
only upon court order for purposes of a criminal investigation, prosecution, or
sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the
not public record and the right to seek a court order to open the not public
record under this paragraph. The court shall forward a record of any discharge
and dismissal under this subdivision to the bureau, which shall make and
maintain the not public record of the discharge and dismissal. The discharge
and dismissal shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime or
for any other purpose. For purposes of this paragraph, "not public" has the
meaning given in section 13.02, subdivision 8a.
Subd. 4. Sentencing departure; waiver of mandatory sentence.
(a) This subdivision applies to defendants who plead or are found guilty of any
criminal offense except one for which registration is required under section
243.166, subdivision 1b.
(b) Prior to sentencing, a defendant described in paragraph (a) may
present proof to the court that the defendant has, since the commission of the
offense, engaged in rehabilitative efforts consistent with those described in
this section. If the court determines that the defendant has engaged in
substantial rehabilitative efforts and the defendant establishes by clear and
convincing evidence that:
(1) the defendant suffered from an applicable condition at the time of

38
 Criminal Code

the offense;
(2) the applicable condition was caused by service in the United
States military; and
(3) the offense was committed as a result of the applicable condition;
the court may determine that the defendant is particularly amenable to
probation and order a mitigated durational or dispositional sentencing
departure or a waiver of any statutory mandatory minimum sentence
applicable to the defendant.
Subd. 5. Optional veterans treatment court program; procedures
for eligible defendants. A county or judicial district may supervise probation
under this section through a veterans treatment court using county veterans
service officers appointed under sections 197.60 to 197.606, United States
Department of Veterans Affairs veterans justice outreach specialists,
probation agents, and any other rehabilitative resources available to the court.
Subd. 6. Creation of county and city diversion programs;
authorization. Any county or city may establish and operate a veterans
pretrial diversion program for defendants eligible under subdivision 1 without
penalty under section 477A.0175. "Pretrial diversion" means the decision of a
prosecutor to refer a defendant to a diversion program on the condition that
the criminal charges against the defendant shall be dismissed after a specified
period of time or the case shall not be charged, if the defendant successfully
completes the program of treatment recommended by the United States
Department of Veterans Affairs or a local, state, federal, or private nonprofit
treatment program.
Subd. 7. Exception. This section does not apply to a person charged
with an offense for which registration is required under section 243.166,
subdivision 1b.

609.106 HEINOUS CRIMES.

Subdivision 1. Terms. (a) As used in this section, “heinous crime”
means:
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense was
committed with force or violence.
(b) “Previous conviction” means a conviction in Minnesota for a heinous
crime or a conviction elsewhere for conduct that would have been a heinous
crime under this chapter if committed in Minnesota. The term includes any
conviction that occurred before the commission of the present offense of
conviction, but does not include a conviction if 15 years have elapsed since
the person was discharged from the sentence imposed for the offense.
Subd. 2. Life without release. The court shall sentence a person to life
imprisonment without possibility of release under the following circumstances:
(1) the person is convicted of first-degree murder under section 609.185,
paragraph (a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first-degree murder in the course
of a kidnapping under section 609.185, paragraph (a), clause (3); or
(3) the person is convicted of first-degree murder under section 609.185,
paragraph (a), clause (3), (5), or (6), and the court determines on the record

39
at the time of sentencing that the person has one or more previous convictions
for a heinous crime.

609.107 MANDATORY PENALTIES FOR CERTAIN

MURDERERS.
When a person is convicted of violating section 609.19 or 609.195, the
court shall sentence the person to the statutory maximum sentence for the
offense if the person was previously convicted of a heinous crime as defined
in section 609.106 and 15 years have not elapsed since the person was
discharged from the sentence imposed for that conviction. The court may not
stay the imposition or execution of the sentence, notwithstanding section
609.135.

609.108
Subd. 1. MS 2006 Repealed c 260 a1 s 48
Subd. 2. MS 2005 Repealed c 136 a 2 s 23
Subd. 3. MS 2006 Repealed c 260 a 1 s 48
Subd. 4. MS 2006 Repealed c 260 a 1 s 48
Subd. 5. MS 2006 Repealed c 260 a 1 s 48
Subd. 6. MS 2006 Repealed c 260 a 1 s 48
Subd. 7. MS 2006 Repealed c 260 a 1 s 48

609.109
Subd. 1. MS 2006 Repealed c 260 a 1 s 48
Subd. 2. MS 2006 Repealed c 260 a 1 s 48
Subd. 3. MS 2006 Repealed c 260 a 1 s 48
Subd. 4. MS 2006 Repealed c 260 a 1 s 48
Subd. 5. MS 2006 Repealed c 260 a 1 s 48
Subd. 6. MS 2006 Repealed c 260 a 1 s 48
Subd. 7. MS 2005 Repealed c 136 a 2 s 23

609.1095 INCREASED SENTENCES FOR CERTAIN

DANGEROUS AND REPEAT FELONY OFFENDERS.

Subdivision 1. Definitions. (a) As used in this section, the following

terms have the meanings given.
(b) “Conviction” means any of the following accepted and recorded by the
court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the
court. The term includes a conviction by any court in Minnesota or another
jurisdiction.
(c) “Prior conviction” means a conviction that occurred before the offender
committed the next felony resulting in a conviction and before the offense for
which the offender is being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to
violate any of the following laws of this state or any similar laws of the United
States or any other state: sections 152.137; 609.165; 609.185; 609.19;
609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222;
609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661;
609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
40
 Criminal Code

609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;

609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687;
and 609.855, subdivision 5; any provision of sections 609.229; 609.377;
609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any
provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.
Subd. 2. Increased sentences for dangerous offender who commits
a third violent crime. Whenever a person is convicted of a violent crime that
is a felony, and the judge is imposing an executed sentence based on a
Sentencing Guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum sentence if the offender
was at least 18 years old at the time the felony was committed, and:
(1) the court determines on the record at the time of sentencing that the
offender has two or more prior convictions for violent crimes; and
(2) the factfinder determines that the offender is a danger to public safety.
The factfinder may base its determination that the offender is a danger to
public safety on the following factors:
(i) the offender’s past criminal behavior, such as the offender’s high
frequency rate of criminal activity or juvenile adjudications, or long involvement
in criminal activity including juvenile adjudications; or
(ii) the fact that the present offense of conviction involved an aggravating
factor that would justify a durational departure under the Sentencing
Guidelines.
Subd. 3. Mandatory sentence for dangerous offender who commits
a third violent felony. (a) Unless a longer mandatory minimum sentence is
otherwise required by law or the court imposes a longer aggravated durational
departure under subdivision 2, a person who is convicted of a violent crime
that is a felony must be committed to the commissioner of corrections for a
mandatory sentence of at least the length of the presumptive sentence under
the Sentencing Guidelines if the court determines on the record at the time of
sentencing that the person has two or more prior felony convictions for violent
crimes. The court shall impose and execute the prison sentence regardless
of whether the guidelines presume an executed prison sentence.
Any person convicted and sentenced as required by this subdivision is not
eligible for probation, parole, discharge, or work release, until that person has
served the full term of imprisonment imposed by the court, notwithstanding
sections 241.26, 242.19, 243.05, 244.04,609.12, and 609.135.
(b) For purposes of this subdivision, “violent crime” does not include a
violation of section 152.023 or 152.024.
Subd. 4. Increased sentence for offender who commits a sixth
felony. Whenever a person is convicted of a felony, and the judge is imposing
an executed sentence based on a Sentencing Guidelines presumptive
imprisonment sentence, the judge may impose an aggravated durational
departure from the presumptive sentence up to the statutory maximum
sentence if the factfinder determines that the offender has five or more prior
felony convictions and that the present offense is a felony that was committed
as part of a pattern of criminal conduct.

41
609.11 MINIMUM SENTENCES OF IMPRISONMENT.
Subdivision 1. Commitments without minimums. All commitments to
the commissioner of corrections for imprisonment of the defendant are without
minimum terms except when the sentence is to life imprisonment as required
by law and except as otherwise provided in this chapter.
Subd. 2. Repealed, 1978 c 723 a 2 s 5
Subd. 3. Repealed, 1981 c 227 s 13
Subd. 4. Dangerous weapon. Any defendant convicted of an offense
listed in subdivision 9 in which the defendant or an accomplice, at the time of
the offense, used, whether by brandishing, displaying, threatening with, or
otherwise employing, a dangerous weapon other than a firearm, shall be
committed to the commissioner of corrections for not less than one year plus
one day, nor more than the maximum sentence provided by law. Any
defendant convicted of a second or subsequent offense in which the defendant
or an accomplice, at the time of the offense, used a dangerous weapon other
than a firearm, shall be committed to the commissioner of corrections for not
less than three years nor more than the maximum sentence provided by law.
Subd. 5. Firearm. (a) Except as otherwise provided in paragraph (b),
any defendant convicted of an offense listed in subdivision 9 in which the
defendant or an accomplice, at the time of the offense, had in possession or
used, whether by brandishing, displaying, threatening with, or otherwise
employing, a firearm, shall be committed to the commissioner of corrections
for not less than three years, nor more than the maximum sentence provided
by law. Any defendant convicted of a second or subsequent offense in which
the defendant or an accomplice, at the time of the offense, had in possession
or used a firearm shall be committed to the commissioner of corrections for
not less than five years, nor more than the maximum sentence provided by
law.
(b) Any defendant convicted of violating section 609.165 or 624.713,
subdivision 1, clause (2), shall be committed to the commissioner of
corrections for not less than five years, nor more than the maximum sentence
provided by law.
Subd. 5a. Drug offenses. Notwithstanding section 609.035, whenever
a defendant is subject to a mandatory minimum sentence for a felony violation
of chapter 152, other than a violation of section 152.021, subdivision 2b,
clause (1), or a violation of chapter 152 sentenced under section 152.021,
subdivision 3, paragraph (c), and is also subject to this section, the minimum
sentence imposed under this section shall be consecutive to that imposed
under chapter 152.
Subd. 6. No early release. Any defendant convicted and sentenced as
required by this section is not eligible for probation, parole, discharge, or
supervised release until that person has served the full term of imprisonment
as provided by law, notwithstanding the provisions of sections 242.19, 243.05,
244.04, 609.12 and 609.135.
Subd. 7. Fact finder shall establish. The question of whether the
defendant or an accomplice, at the time of commission of an offense listed in
subdivision 9, used a firearm or other dangerous weapon or had in possession
a firearm shall be determined by the factfinder at the time of a verdict or finding
of guilt at trial or the entry of a plea of guilty based upon the record of the trial
or the plea of guilty. The factfinder shall also determine whether the defendant

42
 Criminal Code

has been convicted of a second or subsequent offense in which the defendant

or an accomplice, at the time of commission of an offense listed in subdivision
9, used a firearm or other dangerous weapon or had in possession a firearm.
Subd. 8. Motion by prosecutor. (a) Except as otherwise provided in
paragraphs (b) and (c), prior to the time of sentencing, the prosecutor may file
a motion to have the defendant sentenced without regard to the mandatory
minimum sentences established by this section. The motion shall be
accompanied by a statement on the record of the reasons for it. When
presented with the motion, the court may sentence the defendant without
regard to the mandatory minimum sentences established by this section if the
court finds substantial and compelling reasons to do so. A sentence imposed
under this subdivision is a departure from the Sentencing Guidelines.
(b) The court may not, on its own motion or the prosecutor's motion,
sentence a defendant without regard to the mandatory minimum sentences
established by this section if the defendant previously has been convicted of
an offense listed in subdivision 9 in which the defendant used or possessed a
firearm or other dangerous weapon.
(c) The court may not, on its own motion or the prosecutor’s motion,
sentence a defendant without regard to the mandatory minimum sentences
established by subdivision 5, if the defendant was convicted of a crime under
section 152.021, subdivision 1, or 152.022, subdivision 1, and the person or
an accomplice possessed on their person or within immediate reach, or used,
whether by brandishing, displaying, threatening with, or otherwise employing,
a firearm.
Subd. 9. Applicable offenses. The crimes for which mandatory
minimum sentences shall be served as provided in this section are: murder in
the first, second, or third degree; assault in the first, second, or third degree;
burglary; kidnapping; false imprisonment; manslaughter in the first or second
degree; aggravated robbery; simple robbery; first-degree or aggravated first-
degree witness tampering; criminal sexual conduct under the circumstances
described in sections 609.342, subdivision 1, clauses (a) to (f); 609.343,
subdivision 1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to (e)
and (h) to (j); escape from custody; arson in the first, second, or third degree;
drive-by shooting under section 609.66, subdivision 1e; stalking under section
609.749, subdivision 3, paragraph (a), clause (3); possession or other unlawful
use of a firearm or ammunition in violation of section 609.165, subdivision 1b,
or 624.713, subdivision 1, clause (2), a felony violation of chapter 152; or any
attempt to commit any of these offenses.
Subd. 10. Report on criminal cases involving a firearm. Beginning
on July 1, 1994, every county attorney shall collect and maintain the following
information on criminal complaints and prosecutions within the county
attorney's office in which the defendant is alleged to have committed an
offense listed in subdivision 9 while possessing or using a firearm:
(1) whether the case was charged or dismissed;
(2) whether the defendant was convicted of the offense or a lesser
offense; and
(3) whether the mandatory minimum sentence required under this section
was imposed and executed or was waived by the prosecutor or court.

43
 No later than July 1 of each year, beginning on July 1, 1995, the county
attorney shall forward this information to the Sentencing Guidelines
commission upon forms prescribed by the commission.

609.113 Repealed 1999 c 216 a 3 s 10

609.115 PRESENTENCE INVESTIGATION.

Subdivision 1. Presentence investigation. (a) When a defendant has
been convicted of a misdemeanor or gross misdemeanor, the court may, and
when the defendant has been convicted of a felony, the court shall, before
sentence is imposed, cause a presentence investigation and written report to
be made to the court concerning the defendant's individual characteristics,
circumstances, needs, potentialities, criminal record and social history, the
circumstances of the offense and the harm caused by it to others and to the
community. At the request of the prosecutor in a gross misdemeanor case,
the court shall order that a presentence investigation and report be prepared.
The investigation shall be made by a probation officer of the court, if there is
one; otherwise it shall be made by the commissioner of corrections. The
officer conducting the presentence or predispositional investigation shall make
reasonable and good-faith efforts to contact and provide the victim with the
information required under section 611A.037, subdivision 2. Presentence
investigations shall be conducted and summary hearings held upon reports
and upon the sentence to be imposed upon the defendant in accordance with
this section, section 244.10, and the Rules of Criminal Procedure.
(b) When the crime is a violation of sections 609.561 to 609.563,
609.5641, or 609.576 and involves a fire, the report shall include a description
of the financial and physical harm the offense has had on the public safety
personnel who responded to the fire. For purposes of this paragraph, “public
safety personnel” means the state fire marshal; employees of the division of
the state fire marshal; firefighters, regardless of whether the firefighters
receive any remuneration for providing services; peace officers, as defined in
section 626.05, subdivision 2; individuals providing emergency management
services; and individuals providing emergency medical services.
(c) When the crime is a felony violation of chapter 152 involving the sale
or distribution of a controlled substance, the report may include a description
of any adverse social or economic effects the offense has had on persons who
reside in the neighborhood where the offense was committed.
(d) The report shall also include the information relating to crime victims
required under section 611A.037, subdivision 1. If the court directs, the report
shall include an estimate of the prospects of the defendant's rehabilitation and
recommendations as to the sentence which should be imposed. In
misdemeanor cases the report may be oral.
(e) When a defendant has been convicted of a felony, and before
sentencing, the court shall cause a sentencing worksheet to be completed to
facilitate the application of the Minnesota Sentencing Guidelines. The
worksheet shall be submitted as part of the presentence investigation report.
(f) When a person is convicted of a felony for which the Sentencing
Guidelines presume that the defendant will be committed to the commissioner
of corrections under an executed sentence and no motion for a sentencing
departure has been made by counsel, the court may, when there is not space
44
 Criminal Code

available in the local correctional facility, commit the defendant to the custody
of the commissioner of corrections, pending completion of the presentence
investigation and report. When a defendant is convicted of a felony for which
the Sentencing Guidelines do not presume that the defendant will be
committed to the commissioner of corrections, or for which the Sentencing
Guidelines presume commitment to the commissioner but counsel has moved
for a sentencing departure, the court may commit the defendant to the
commissioner with the consent of the commissioner, pending completion of
the presentence investigation and report. The county of commitment shall
return the defendant to the court when the court so orders.
Subd. 1a. Contents of worksheet. The supreme court shall promulgate
rules uniformly applicable to all district courts for the form and contents of
sentencing worksheets. These rules shall be promulgated by and effective on
January 2, 1982.
Subd. 1b. Repealed, 1987 c 331 s 13
Subd. 1c. Repealed, 1987 c 331 s 13
Subd. 2. Life imprisonment report. If the defendant has been convicted
of a crime for which a mandatory sentence of life imprisonment is provided by
law, the probation officer of the court, if there is one, otherwise the
commissioner of corrections, shall forthwith make a postsentence
investigation and make a written report as provided by subdivision 1.
Subd. 2a. Sentencing worksheet; Sentencing Guidelines
Commission. If the defendant has been convicted of a felony, including a
felony for which a mandatory life sentence is required by law, the court shall
cause a sentencing worksheet as provided in subdivision 1 to be completed
and forwarded to the Sentencing Guidelines Commission.
For the purpose of this section, “mandatory life sentence” means a
sentence under section 609.106, subdivision 2; 609.185; 609.3455; 609.385,
subdivision 2, or Minnesota Statutes 2004, section 609.109, subdivision 3 and
governed by section 244.05.
Subd. 3. Criminal justice agency disclosure requirements. All
criminal justice agencies shall make available at no cost to the probation
officer or the commissioner of corrections the criminal record and other
relevant information relating to the defendant which they may have, when
requested for the purposes of subdivisions 1 and 2.
Subd. 4. Confidential sources of information. (a) Any report made
pursuant to subdivision 1 shall be, if written, provided to counsel for all parties
before sentence. The written report shall not disclose confidential sources of
information unless the court otherwise directs. On the request of the
prosecuting attorney or the defendant's attorney a summary hearing in
chambers shall be held on any matter brought in issue, but confidential
sources of information shall not be disclosed unless the court otherwise
directs. If the presentence report is given orally the defendant or the
defendant's attorney shall be permitted to hear the report.
(b) Any report made under subdivision 1 or 2 shall be provided to counsel
for the defendant for purposes of representing the defendant on any appeal or
petition for postconviction relief. The reports shall be provided by the court
and the commissioner of corrections at no cost to the defendant or the
defendant’s attorney.

45
 Subd. 5. Report to commissioner or local correctional agency. If the
defendant is sentenced to the commissioner of corrections, a copy of any
report made pursuant to this section and not made by the commissioner shall
accompany the commitment. If the defendant is sentenced to a local
correctional agency or facility, a copy of the report must be provided to that
agency or facility.
Subd. 6. Report disclosure prohibited. Except as provided in
subdivisions 4 and 5 or as otherwise directed by the court any report made
pursuant to this section shall not be disclosed.
Subd. 7. Stay of imposition of sentence. If imposition of sentence is
stayed by reason of an appeal taken or to be taken, the presentence
investigation provided for in this section shall not be made until such stay has
expired or has otherwise been terminated.
Subd. 8. Chemical use assessment required. (a) If a person is
convicted of a felony, the probation officer shall determine in the report
prepared under subdivision 1 whether or not alcohol or drug use was a
contributing factor to the commission of the offense. If so, the report shall
contain the results of a chemical use assessment conducted in accordance
with this subdivision. The probation officer shall make an appointment for the
defendant to undergo the chemical use assessment if so indicated.
(b) The chemical use assessment report must include a recommended
level of care for the defendant in accordance with the criteria contained in rules
adopted by the commissioner of human services under section 254A.03,
subdivision 3. The assessment must be conducted by an assessor qualified
under rules adopted by the commissioner of human services under section
254A.03, subdivision 3. An assessor providing a chemical use assessment
may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider, except as
authorized under section 254A.19, subdivision 3. If an independent assessor
is not available, the probation officer may use the services of an assessor
authorized to perform assessments for the county social services agency
under a variance granted under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3.
Subd. 9. Compulsive gambling assessment required. (a) If a person
is convicted of theft under section 609.52, embezzlement of public funds under
section 609.54, or forgery under section 609.625, 609.63, or 609.631, the
probation officer shall determine in the report prepared under subdivision 1
whether or not compulsive gambling contributed to the commission of the
offense. If so, the report shall contain the results of a compulsive gambling
assessment conducted in accordance with this subdivision. The probation
officer shall make an appointment for the offender to undergo the assessment
if so indicated.
(b) The compulsive gambling assessment report must include a
recommended level of treatment for the offender if the assessor concludes
that the offender is in need of compulsive gambling treatment. The
assessment must be conducted by an assessor qualified either under
Minnesota Rules, part 9585.0040, subpart 1, item C, or qualifications
determined to be equivalent by the commissioner, to perform these
assessments or to provide compulsive gambling treatment. An assessor
providing a compulsive gambling assessment may not have any direct or

46
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shared financial interest or referral relationship resulting in shared financial

gain with a treatment provider. If an independent assessor is not available,
the probation officer may use the services of an assessor with a financial
interest or referral relationship as authorized under rules adopted by the
commissioner of human services under section 245.98, subdivision 2a.
(c) The commissioner of human services shall reimburse the assessor for
each compulsive gambling assessment at a rate established by the
commissioner. To the extent practicable, the commissioner shall standardize
reimbursement rates for assessments. The commissioner shall reimburse the
assessor after receiving written verification from the probation officer that the
assessment was performed and found acceptable.
Subd. 10. Military veterans. (a) When a defendant appears in court and
is convicted of a crime, the court shall inquire whether the defendant in
currently serving in or is a veteran of the armed forces of the United States.
(b) If the defendant is currently serving in the military or is a veteran and
has been diagnosed as having a mental illness by a qualified psychiatrist or
clinical psychologist or physician, the court may:
(1) order that the officer preparing the report under subdivision 1 consult
with the United States Department of Veterans Affairs, Minnesota Department
of Veterans Affairs, or another agency or person with suitable knowledge or
experience, for the purpose of providing the court with information regarding
treatment options available to the defendant, including federal, state, and local
programming; and
(2) consider the treatment recommendations of any diagnosing or treating
mental health professionals together with the treatment options available to
the defendant in imposing sentence.

609.116 Subd. 1. Repealed, 1979 c 258 s 25,

Subd. 2. Repealed, 1969 c 997 s 3; 1979 c 258 s 25

609.117 DNA ANALYSIS OF CERTAIN OFFENDERS

REQUIRED.
Subdivision 1. Upon sentencing. If an offender has not already done
so, the court shall order an offender to provide a biological specimen for the
purpose of DNA analysis as defined in section 299C.155 when:
(1) the court sentences a person charged with committing or attempting
to commit a felony offense and the person is convicted of that offense or of
any offense arising out of the same set of circumstances; or
(2) the juvenile court adjudicates a person a delinquent child who is
petitioned for committing or attempting to commit a felony offense and is
adjudicated delinquent for that offense or any offense arising out of the same
set of circumstances.
The biological specimen or the results of the analysis shall be maintained
by the bureau of criminal apprehension as provided in section 299C.155.
Subd. 2. Before release. The commissioner of corrections or local
corrections authority shall order a person to provide a biological specimen for
the purpose of DNA analysis before completion of the person's term of
imprisonment when the person has not provided a biological specimen for the
purpose of DNA analysis and the person:

47
 (1) was initially charged with committing or attempting to commit a felony
offense and was convicted of that offense or of any offense arising out of the
same set of circumstances or the person has a past felony conviction in this
or any other state; or
(2) is serving a term of imprisonment in this state under a reciprocal
agreement although convicted in another state of committing or attempting to
commit a felony offense or of any offense arising out of the same set of
circumstances if the person was initially charged with committing or attempting
to commit a felony offense. The commissioner of corrections or local
corrections authority shall forward the sample to the Bureau of Criminal
Apprehension.
Subd. 3. Offenders from other states. When the state accepts an
offender from another state under the interstate compact authorized by section
243.1605, the acceptance is conditional on the offender providing a biological
specimen for the purposes of DNA analysis as defined in section 299C.155, if
the offender was initially charged with committing or attempting to commit a
felony offense and was convicted of that offense or of any offense arising out
of the same set of circumstances. The specimen must be provided under
supervision of staff from the Department of Corrections or a Community
Corrections Act county within 15 business days after the offender reports to
the supervising agent. The cost of obtaining the biological specimen is the
responsibility of the agency providing supervision.
Subd. 4. After supervision expires. (a) Upon motion of a
prosecuting authority, a court shall issue an order to show cause why an
offender who should have been ordered or required to provide a biological
specimen under this section but did not, should not now be ordered to
provide one for the purposes of DNA analysis. This subdivision applies if
the offender's sentence or supervision has expired. The prosecuting
authority shall provide the court with an affidavit that:
(1) identifies the offender by name and date of birth;
(2) identifies the offender's last known address;
(3) identifies the offender's charged offense, offense of conviction,
and date of conviction; and
(4) indicates that the Bureau of Criminal Apprehension database of
biological specimens has been searched and the offender has not
previously provided a biological specimen for DNA analysis under this
chapter.
(b) The order to show cause shall direct the offender to appear before
the court within 30 days after the order is served. The prosecutor shall
serve the order to show cause upon the offender in the same manner as
a civil summons. The offender may avoid appearing before the court by
appearing at a place and time designated in the order and voluntarily
providing the specimen.
(c) Upon the offender's appearance before the court, and after an
opportunity to be heard, the court may issue an order directing the
offender to provide the specimen.
(d) If the offender has failed to provide the specimen or appear before
the court and the prosecuting authority makes a sufficient showing that
the offender was properly served with the order to show cause, the court
may issue an order:

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(1) requiring the offender to submit the specimen within 30 days from
the date of the order at a designated location;
(2) including the designated location's address, telephone number,
and regular hours of operation; and
(3) authorizing, if the offender fails or refuses to comply with the order
to provide a specimen, a peace officer to detain and bring the offender
before the court as soon as practicable to show cause why the specimen
should not be obtained.
(e) The local corrections authority shall mail the order in paragraph
(d) to the offender's last known address.

609.118 FINGERPRINTING REQUIRED.

(a) When a person is convicted of a felony, gross misdemeanor, or
targeted misdemeanor, as defined in section 299C.10, subdivision 1, or is
adjudicated delinquent for a felony or gross misdemeanor, the court shall order
the offender to immediately report to the law enforcement agency responsible
for the collection of fingerprint and other identification data required under
section 299C.10, regardless of the sentence imposed or executed.
(b) Paragraph (a) does not apply if the person is remanded to the custody
of a law enforcement agency or if the identification data was collected prior to
the conviction or adjudication for the offense.
(c) A person who fails to obey a court order under paragraph (a) is subject
to probation revocation, contempt of court, or any other appropriate remedy.
(d) This section does not limit or restrict any other statutory requirements
or local policies regarding the collection of identification data.

609.119 MS 2005 Repealed c 136 a 12 s 12

609.12 PAROLE OR DISCHARGE.

Subdivision 1. Authority; conditions. A person sentenced to the
commissioner of corrections for imprisonment for a period less than life may
be paroled or discharged at any time without regard to length of the term of
imprisonment which the sentence imposes when in the judgment of the
commissioner of corrections, and under the conditions the commissioner
imposes, the granting of parole or discharge would be most conducive to
rehabilitation and would be in the public interest.
Subd. 2. Parole required after certain term. If a sentence of more than
five years has been imposed on a defendant for a crime authorizing a
sentence of not more than ten years, the commissioner of corrections shall
grant the defendant parole no later than the expiration of five years of
imprisonment, less time granted for good behavior, unless the commissioner
determines with or without hearing that the defendant's parole would not be
conducive to rehabilitation or would not be in the public interest.
Subd. 3. Parole; commissioner powers. All sentences to the
commissioner of corrections for the imprisonment of the defendant are subject
to the laws relating to parole and the powers of the commissioner of
corrections, except as modified in subdivisions 1 and 2, and to all other laws
relating to persons in said institutions and their imprisonment.

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609.125 SENTENCE FOR MISDEMEANOR OR GROSS
MISDEMEANOR.
Subdivision 1. Sentences available. (a) Upon conviction of a
misdemeanor or gross misdemeanor the court, if sentence is imposed, may,
to the extent authorized by law, sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a fine without imprisonment or as an intermediate
sanction on a stayed sentence; or
(3) to both imprisonment for a definite term and payment of a fine; or
(4) to payment of court-ordered restitution in addition to either
imprisonment or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized under section
609.102 in addition to any other sentence imposed by the court; or
(6) to perform work service in a restorative justice program in addition to
any other sentence imposed by the court.
(b) If the court imposes a fine or orders restitution under paragraph (a),
payment is due on the date imposed unless the court otherwise establishes a
due date or a payment plan.
Subd. 2. Restitution. (a) As used in this section, "restitution" includes:
(1) payment of compensation to the victim or the victim's family; and
(2) if the victim is deceased or already has been fully compensated,
payment of money to a victim assistance program or other program directed
by the court.
“Restitution” includes payment of compensation to a government entity
that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of court-ordered
restitution and the fine at the same time, the court may order that all restitution
shall be paid before the fine is paid.

609.13 CONVICTIONS OF FELONY OR GROS MISDEMEANOR

WHEN DEEMED MISDEMEANOR OR GROSS MISDEMEANOR.
Subdivision 1. Felony. Notwithstanding a conviction is for a felony:
(1) The conviction is deemed to be for a misdemeanor or a gross
misdemeanor if the sentence imposed is within the limits provided by law for
a misdemeanor or gross misdemeanor as defined in section 609.02; or
(2) The conviction is deemed to be for a misdemeanor if the imposition of
the prison sentence is stayed, the defendant is placed on probation, and the
defendant is thereafter discharged without a prison sentence.
Subd. 2. Gross misdemeanor. Notwithstanding that a conviction is for
a gross misdemeanor, the conviction is deemed to be for a misdemeanor if:
(1) The sentence imposed is within the limits provided by law for a
misdemeanor as defined in section 609.02; or
(2) If the imposition of the sentence is stayed, the defendant is placed on
probation, and the defendant is thereafter discharged without sentence.
Subd. 3. Misdemeanors. If a defendant is convicted of a misdemeanor
and is sentenced, or if the imposition of sentence is stayed, and the defendant
is thereafter discharged without sentence, the conviction is deemed to be for
a misdemeanor for purposes of determining the penalty for a subsequent
offense.

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 Criminal Code

609.131 CERTIFICATION OF MISDEMEANOR AS PETTY

MISDEMEANOR.
Subdivision 1. General rule. Except as provided in subdivision 2, an
alleged misdemeanor violation must be treated as a petty misdemeanor if the
prosecuting attorney believes that it is in the interest of justice that the
defendant not be imprisoned if convicted and certifies that belief to the court
at or before the time of arraignment or pretrial hearing, and the court approves
of the certification motion. Prior to the appointment of a public defender to
represent a defendant charged with a misdemeanor, the court shall inquire of
the prosecutor whether the prosecutor intends to certify the case as a petty
misdemeanor. The defendant's consent to the certification is not required.
When an offense is certified as a petty misdemeanor under this section, the
defendant is not eligible for the appointment of a public defender.
Subd. 1a. Repealed, 1993 c 326 a 4 s 40
Subd. 2. Certain violations accepted. Subdivision 1 does not apply to
a misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph
(g); 171.306, subdivision 6; 609.224; 609.2242; 609.226; 609.52; or 617.23,
or an ordinance that conforms in substantial part to any of those sections. A
violation described in this subdivision must be treated as a misdemeanor
unless the defendant consents to the certification of the violation as a petty
misdemeanor.
Subd. 3. Use of conviction for enhancement. Notwithstanding any
other law, a conviction for a violation that was originally charged as a
misdemeanor and was treated as a petty misdemeanor under subdivision 1 or
the rules of criminal procedure may not be used as the basis for charging a
subsequent violation as a gross misdemeanor rather than a misdemeanor.

609.132 CONTINUANCE FOR DISMISSAL.

The decision to offer or agree to a continuance of a criminal prosecution
is an exercise of prosecutorial discretion resting solely with the prosecuting
attorney.

609.135 STAY OF IMPOSITION OR EXECUTION OF

SENTENCE.
Subdivision 1. Terms and conditions. (a) Except when a sentence of
life imprisonment is required by law, or when a mandatory minimum sentence
is required by section 609.11, any court may stay imposition or execution of
sentence and:
(1) may order intermediate sanctions without placing the defendant on
probation; or
(2) may place the defendant on probation with or without supervision and
on the terms the court prescribes, including intermediate sanctions when
practicable. The court may order the supervision to be under the probation
officer of the court, or, if there is none and the conviction is for a felony or gross
misdemeanor, by the commissioner of corrections, or in any case by some
other suitable and consenting person. Unless the court directs otherwise,
state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with

51
section 243.05, subdivision 1; sections 244.196 to 244.199; or 401.02 ,
subdivision 5.
No intermediate sanction may be ordered performed at a location that fails
to observe applicable requirements or standards of chapter 181A or 182, or
any rule promulgated under them.
(b) For purposes of this subdivision, subdivision 6, and section 609.14,
the term "intermediate sanctions" includes but is not limited to incarceration in
a local jail or workhouse, home detention, electronic monitoring, intensive
probation, sentencing to service, reporting to a day reporting center, chemical
dependency or mental health treatment or counseling, restitution, fines, day-
fines, community work service, work service in a restorative justice program,
work in lieu of or to work off fines and, with the victim’s consent, work in lieu
of or to work off restitution.
(c) A court may not stay the revocation of the driver's license of a person
convicted of violating the provisions of section 169A.20.
(d) If the court orders a fine, day-fine, or restitution as an intermediate
sanction, payment is due on the date imposed unless the court otherwise
establishes a due date or a payment plan.
Subd. 1a. Failure to pay restitution. If the court orders payment of
restitution as a condition of probation and if the defendant fails to pay the
restitution in accordance with the payment schedule or structure established
by the court or the probation officer, the prosecutor or the defendant's
probation officer may, on the prosecutor's or the officer's own motion or at the
request of the victim, ask the court to hold a hearing to determine whether or
not the conditions of probation should be changed or probation should be
revoked. The defendant's probation officer shall ask for the hearing if the
restitution ordered has not been paid prior to 60 days before the term of
probation expires. The court shall schedule and hold this hearing and take
appropriate action, including action under subdivision 2, paragraph (g), before
the defendant's term of probation expires.
Nothing in this subdivision limits the court’s ability to refer the case to
collections under section 609.104 when a defendant fails to pay court-ordered
restitution.
Subd. 1b. Repealed, 1987 c 384 a 1 s 52
Subd. 1c. Failure to complete court-ordered treatment. If the court
orders a defendant to undergo treatment as a condition of probation and if the
defendant fails to successfully complete treatment at least 60 days before the
term of probation expires, the prosecutor or the defendant’s probation officer
may ask the court to hold a hearing to determine whether the conditions of
probation should be changed or probation should be revoked. The court shall
schedule and hold this hearing and take appropriate action, including action
under subdivision 2, paragraph (h), before the defendant’s term of probation
expires.
Subd. 2. Stay of sentence maximum periods. (a) If the conviction is
for a felony other than section 609.2113, subdivision 1 or 2, 609.2114,
subdivision 2, or section 609.3451, subdivision 1, or Minnesota Statutes 2012
section 609.21 subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of
imprisonment might have been imposed, whichever is longer.

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(b) If the conviction is for a gross misdemeanor violation of section

169A.20, 609.2113, subdivision 3 or 609.3451, or for a felony described in
sections 609.2113, subdivision 1 or 2, 609.2114 subdivision 2, or 609.3451,
subdivision 1, the stay shall be for not more than six years. The court shall
provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last
year.
(c) If the conviction is for a gross misdemeanor not specified in paragraph
(b), the stay shall be for not more than two years.
(d) If the conviction is for any misdemeanor under section 169A.20;
609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor under section
609.2242 or 609.224, subdivision 1, in which the victim of the crime was a
family or household member as defined in section 518B.01, the stay shall be
for not more than two years. The court shall provide for unsupervised
probation for
the second year of the stay unless the court finds that the defendant needs
supervised probation for all or part of the second year.
(e) If the conviction is for a misdemeanor not specified in paragraph (d),
the stay shall be for not more than one year.
(f) The defendant shall be discharged six months after the term of the
stay expires, unless the stay has been revoked or extended under paragraph
(g), or the defendant has already been discharged.
(g) Notwithstanding the maximum periods specified for stays of sentences
under paragraphs (a) to (f), a court may extend a defendant's term of probation
for up to one year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance
with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes
before the term of probation expires.
This one-year extension of probation for failure to pay restitution may be
extended by the court for up to one additional year if the court finds, at another
hearing conducted under subdivision 1a, that the defendant still has not paid
the court-ordered restitution that the defendant owes.
Nothing in this subdivision limits the court’s ability to refer the case to
collections under section 609.104.
(h) Notwithstanding the maximum periods specified for stays of sentences
under paragraphs (a) to (f), a court may extend a defendant’s term of probation
for up to three years if it finds, at a hearing conducted under subdivision 1c,
that:
(1) the defendant has failed to complete court-ordered treatment
successfully; and
(2) the defendant is likely not to complete court-ordered treatment before
the term of probation expires.
Subd. 3. Motor vehicle offense report. The court shall report to the
commissioner of public safety any stay of imposition or execution granted in
the case of a conviction for an offense in which a motor vehicle, as defined in
section 169.011, subdivision 42, is used.
Subd. 4. Jail as condition of probation. The court may, as a condition
of probation, require the defendant to serve up to one year incarceration in a
county jail, a county regional jail, a county work farm, county workhouse or

53
other local correctional facility, or require the defendant to pay a fine, or both.
The court may allow the defendant the work release privileges of section
631.425 during the period of incarceration.
Subd. 5. Assaulting spouse stay conditions. If a person is convicted
of assaulting a spouse or other person with whom the person resides, and the
court stays imposition or execution of sentence and places the defendant on
probation, the court must condition the stay upon the defendant's participation
in counseling or other appropriate programs selected by the court.
Subd. 5a. Domestic abuse victims; electronic monitoring; pilot
project. (a) Until a judicial district has adopted standards under section
629.72, subdivision 2a, paragraph (b), governing electronic monitoring
devices used to protect victims of domestic abuse, a court within the judicial
district, as a condition of a stay of imposition or execution of a sentence, may
not order an offender convicted of a crime described in paragraph (b) to use
an electronic monitoring device to protect a victim's safety.
(b) This subdivision applies to the following crimes, if committed by the
defendant against a family or household member as defined in section
518B.01, subdivision 2:
(1) violations of orders for protection issued under chapter 518B;
(2) assault in the first, second, third, or fifth degree under section 609.221,
609.222, 609.223, or 609.224; or domestic assault under section 609.2242;
(3) criminal damage to property under section 609.595;
(4) disorderly conduct under section 609.72;
(5) harassing telephone calls under section 609.79;
(6) burglary under section 609.582;
(7) trespass under section 609.605;
(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree
under section 609.342, 609.343, 609.344, 609.345, or 609.3451; and
(9) terroristic threats under section 609.713.
(10) stalking under section 609.749;
(11) violations of harassment restraining orders under section 609.748;
(12) violations of domestic abuse no contact orders under section 629.75;
and
(13) interference with an emergency call under section 609.78,
subdivision 2.
(c) The location data associated with the victim and offender are security
information as defined in section 13.37. Location data maintained by a law
enforcement agency, probation authority, prosecutorial agency, or court
services department may be shared among those agencies to develop and
monitor conditions of a stayed sentence under this section.
(d) A violation of a location restriction by an offender in a situation
involving a victim and offender who are both mobile does not automatically
constitute a violation of the conditions of the offender’s stayed sentence.
[See Note.]
Subd. 6. Preference for intermediate sanctions. A court staying
imposition or execution of a sentence that does not include a term of
incarceration as a condition of the stay shall order other intermediate sanctions
where practicable.
Subd. 7. Demand of execution of sentence. An offender may not
demand execution of sentence in lieu of a stay of imposition or execution of

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sentence if the offender will serve less than nine months at the state institution.
This subdivision does not apply to an offender who will be serving the
sentence consecutively or concurrently with a previously imposed executed
felony sentence.
Subd. 8. Repealed, 2009 c 83 a 2 s 50
NOTE: The amendment to subdivision 5a by Laws 2014, chapter 263,
section 1, expires August 1, 2017. Laws 2014, chapter 263, section 1, the
effective date.

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.342, 609.343,
609.344, 609.345, 609.3453, or 609.3455 subdivision 3a, the court shall make
a preliminary determination whether in the court's opinion a petition under
section 253D may be appropriate and include the determination as part of the
sentencing order. If the court determines that a petition may be appropriate,
the court shall forward its preliminary determination along with supporting
documentation to the county attorney.

609.1352 Repealed, 1998 c 367 a 6 s 16

609.14 REVOCATION OF STAY.

Subdivision 1. Grounds. (a) When it appears that the defendant has
violated any of the conditions of probation or intermediate sanction, or has
otherwise been guilty of misconduct which warrants the imposing or execution
of sentence, the court may without notice revoke the stay and direct that the
defendant be taken into immediate custody.
(b) When it appears that the defendant violated any of the conditions of
probation during the term of the stay, but the term of the stay has since
expired, the defendant's probation officer or the prosecutor may ask the court
to initiate probation revocation proceedings under the rules of criminal
procedure at any time within six months after the expiration of the stay. The
court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may
conduct a revocation hearing and take any action authorized under rule 27.04
at any time during or after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the
contrary, after proceedings to revoke the stay have been initiated by a court
order revoking the stay and directing either that the defendant be taken into
custody or that a summons be issued in accordance with paragraph (a), the
proceedings to revoke the stay may be concluded and the summary hearing
provided by subdivision 2 may be conducted after the expiration of the stay or
after the six month period set forth in paragraph (b) of this section. The
proceedings to revoke the stay shall not be dismissed on the basis that the
summary hearing is conducted after the term of the stay or after the six month
period. The ability or inability to locate or apprehend the defendant prior to the
expiration of the stay or during or after the six month period shall not preclude
the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to
gain an unfair advantage.

55
 Subd. 2. Notification of grounds for revocation. The defendant shall
thereupon be notified in writing and in such manner as the court directs of the
grounds alleged to exist for revocation of the stay of imposition or execution
of sentence. If such grounds are brought in issue by the defendant, a
summary hearing shall be held thereon at which the defendant is entitled to
be heard and to be represented by counsel.
Subd.2a. Alternatives to incarceration. (a) A probation agent must
present the court with local options to address and correct the violation
including, but not limited to, inpatient chemical dependency treatment when
the defendant at a summary hearing provided by subdivision 2 is:
(1) a nonviolent controlled substance offender;
(2) subject to supervised probation;
(3) appearing based on a technical violation; and
(4) admitting or found to have violated any of the conditions of probation.
(b) For purposes of this subdivision, "nonviolent controlled substance
offender" is a person who meets the criteria described under section
244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" has
the meaning given in section 244.196, subdivision 6.
Subd. 3. Sentence. If any of such grounds are found to exist the court
may:
(1) If imposition of sentence was previously stayed, again stay sentence
or impose sentence and stay the execution thereof, and in either event place
the defendant on probation or order intermediate sanctions pursuant to section
609.135, or impose sentence and order execution thereof; or
(2) If sentence was previously imposed and execution thereof stayed,
continue such stay and place the defendant on probation or order intermediate
sanctions in accordance with the provisions of section 609.135, or order
execution of the sentence previously imposed.
Subd. 4. Restoration to liberty. If none of such grounds are found to
exist, the defendant shall be restored to liberty under the previous order of the
court.

609.145 CREDIT FOR PRIOR IMPRISONMENT.

Subdivision 1. Prior imprisonment reduction. When a person has
been imprisoned pursuant to a conviction which is set aside and is thereafter
convicted of a crime growing out of the same act or omission, the period of
imprisonment to which the person is sentenced is reduced by the period of the
prior imprisonment and the time earned thereby in diminution of sentence.
Subd. 2. Reduction for time served before commitment to
commissioner. A sentence of imprisonment upon conviction of a felony is
reduced by the period of confinement of the defendant following the conviction
and before the defendant's commitment to the commissioner of corrections for
execution of sentence unless the court otherwise directs.
Subd. 3. Credit. When a person is to be committed to the commissioner,
the person's probation officer must provide to the court, prior to the sentencing
hearing, the amount of time the person has in credit for prior imprisonment.
The court must pronounce credit for prior imprisonment at the time of
sentencing.

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609.15 MULTIPLE SENTENCES.

Subdivision 1. Concurrent, consecutive sentences; specification
requirement. (a) Except as provided in paragraph (c), when separate
sentences of imprisonment are imposed on a defendant for two or more
crimes, whether charged in a single indictment or information or separately, or
when a person who is under sentence of imprisonment in this state is being
sentenced to imprisonment for another crime committed prior to or while
subject to such former sentence, the court in the later sentences shall specify
whether the sentences shall run concurrently or consecutively. If the court
does not so specify, the sentences shall run concurrently.
(b) When a court imposes sentence for a misdemeanor or gross
misdemeanor offense and specifies that the sentence shall run consecutively
to any other sentence, the court may order the defendant to serve time in
custody for the consecutive sentence in addition to any time in custody the
defendant may be serving for any other offense, including probationary jail
time or imprisonment for any felony offense.
(c) An inmate of a state prison who is convicted of committing an assault
within the correctional facility is subject to the consecutive sentencing
provisions of section 609.2232.
Subd. 2. Limit on sentences; misdemeanor and gross misdemeanor.
If the court specifies that the sentence shall run consecutively and all of the
sentences are for misdemeanors, the total of the sentences shall not exceed
one year. If the sentences are for a gross misdemeanor and one or more
misdemeanors, the total of the sentences shall not exceed two years. If all of
the sentences are for gross misdemeanors, the total of the sentences shall not
exceed four years.

609.152 Repealed, 1998 c 367 a 6 s 16

609.153 INCREASED PENALTIES FOR CERTAIN

MISDEMEANORS.
Subdivision 1. Application. This section applies to the following
misdemeanor-level crimes: sections 152.093 (manufacture or delivery of drug
paraphernalia prohibited); 152.095 (advertisement of drug paraphernalia
prohibited); 609.324 (prostitution); 609.3243 (loitering with intent to participate
in prostitution); 609.546 (motor vehicle tampering); 609.595 (damage to
property); and 609.66 (dangerous weapons); misdemeanor-level violations of
section 609.605 (trespass); and violations of local ordinances prohibiting the
unlawful sale or possession of controlled substances.
Subd. 2. Custodial arrest. Notwithstanding Rule 6.01 of the Rules of
Criminal Procedure, a peace officer acting without a warrant who has decided
to proceed with the prosecution of a person for committing a crime described
in subdivision 1, may arrest and take the person into custody if the officer has
reason to believe the person has a prior conviction for any crime described in
subdivision 1.
Subd. 3. Increased penalty. Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, a person who commits a
misdemeanor-level crime described in subdivision 1 is guilty of a gross
misdemeanor if the court determines at the time of sentencing that the person

57
has two or more prior convictions in this or any other state for any of the crimes
described in subdivision 1.
Subd. 4. Notice to complaining witness. A prosecuting authority who
is responsible for filing charges against or prosecuting a person arrested under
the circumstances described in subdivision 2 shall make reasonable efforts to
notify the complaining witness of the final outcome of the criminal proceeding
that resulted from the arrest including, where appropriate, the decision to
dismiss or not file charges against the arrested person.

609.155 Repealed, 1978 c 723 a 1 s 19

609.16 Repealed, 1978 c 723 a 1 s 19

609.165 RESTORATION OF CIVIL RIGHTS; POSSESSION

OF FIREARMS AND AMMUNITION.
Subdivision 1. Restoration. When a person has been deprived of civil
rights by reason of conviction of a crime and is thereafter discharged, such
discharge shall restore the person to all civil rights and to full citizenship, with
full right to vote and hold office, the same as if such conviction had not taken
place, and the order of discharge shall so provide.
Subd. 1a. Certain convicted felons ineligible to possess firearms or
ammunition. The order of discharge must provide that a person who has been
convicted of a crime of violence, as defined in section 624.712, subdivision 5,
is not entitled to ship, transport, possess, or receive a firearm or ammunition
for the remainder of the person’s lifetime. Any person who has received such
a discharge and who thereafter has received a relief of disability under United
States Code, title 18, section 925, or whose ability to possess firearms and
ammunition has been restored under subdivision 1d, shall not be subject to
the restrictions of this subdivision.
Subd. 1b. Violation and penalty. (a) Any person who has been
convicted of a crime of violence, as defined in section 624.712, subdivision 5,
and who ships, transports, possesses, or receives a firearm or ammunition,
commits a felony and may be sentenced to imprisonment for not more than 15
years or to payment of a fine of not more than $30,000, or both.
(b) A conviction and sentencing under this section shall be construed to
bar a conviction and sentencing for a violation of section 624.713, subdivision
2.
(c) The criminal penalty in paragraph (a) does not apply to any person
who has received a relief of disability under United States Code, title 18,
section 925, or whose ability to possess firearms and ammunition has been
restored under subdivision 1d.
Subd. 1c. Repealed, 1999 c 61 s 2
Subd. 1d. Judicial restoration of ability to possess firearms and
ammunition by felon. A person prohibited by state law from shipping,
transporting, possessing, or receiving a firearm or ammunition because of a
conviction or a delinquency adjudication for committing a crime of violence
may petition a court to restore the person's ability to possess, receive, ship, or
transport firearms and otherwise deal with firearms and ammunition.
The court may grant the relief sought if the person shows good cause to
do so and the person has been released from physical confinement.

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If a petition is denied, the person may not file another petition until three
years have elapsed without the permission of the court.
Subd. 2. Discharge. The discharge may be:
(1) By order of the court following stay of sentence or stay of execution of
sentence; or
(2) Upon expiration of sentence.
Subd. 3. Applicability. This section does not apply to a forfeiture of and
disqualification for public office as provided in section 609.42, subdivision 2.

609.166 Repealed, 1996 c 408 a 9 s 10

609.167 Repealed, 1996 c 408 a 9 s 10
609.168 Repealed, 1996 c 408 a 9 s 10

ANTICIPATORY CRIMES

609.17 ATTEMPTS.
Subdivision 1. Crime defined. Whoever, with intent to commit a crime,
does an act which is a substantial step toward, and more than preparation for,
the commission of the crime is guilty of an attempt to commit that crime, and
may be punished as provided in subdivision 4.
Subd. 2. Act defined. An act may be an attempt notwithstanding the
circumstances under which it was performed or the means employed to
commit the crime intended or the act itself were such that the commission of
the crime was not possible, unless such impossibility would have been clearly
evident to a person of normal understanding.
Subd. 3. Defense. It is a defense to a charge of attempt that the crime
was not committed because the accused desisted voluntarily and in good faith
and abandoned the intention to commit the crime.
Subd. 4. Penalties. Whoever attempts to commit a crime may be
sentenced as follows:
(1) If the maximum sentence provided for the crime is life imprisonment,
to not more than 20 years; or
(2) For any other attempt, to not more than one-half of the maximum
imprisonment or fine or both provided for the crime attempted, but such
maximum in any case shall not be less than imprisonment for 90 days or a fine
of $100.

609.175 CONSPIRACY.
Subdivision 1. To cause arrest or prosecution. Whoever conspires
with another to cause a third person to be arrested or prosecuted on a criminal
charge knowing the charge to be false is guilty of a misdemeanor.
Subd. 2. To commit crime. Whoever conspires with another to commit
a crime and in furtherance of the conspiracy one or more of the parties does
some overt act in furtherance of such conspiracy may be sentenced as follows:
(1) If the crime intended is a misdemeanor, by a sentence to
imprisonment for not more than 90 days or to payment of a fine of not more
than $300, or both; or
(2) If the crime intended is murder in the first degree or treason, to
imprisonment for not more than 20 years; or

59
 (3) If the crime intended is any other felony or a gross misdemeanor, to
imprisonment or to payment of a fine of not more than one-half the
imprisonment or fine provided for that felony or gross misdemeanor or both.
Subd. 3. Application of section jurisdiction. This section applies if:
(1) The defendant in this state conspires with another outside of this state;
or
(2) The defendant outside of this state conspires with another in this state;
or
(3) The defendant outside of this state conspires with another outside of
this state and an overt act in furtherance of the conspiracy is committed within
this state by either of them; or
(4) The defendant in this state conspires with another in this state.

HOMICIDE AND SUICIDE

609.18 DEFINITION.
For the purposes of sections 609.185, 609.19, 609.2661, and 609.2662,
"premeditation" means to consider, plan or prepare for, or determine to
commit, the act referred to prior to its commission.

609.184 Repealed, 1998 c 367 a 6 s 16

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree
and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent
to affect the death of the person or of another;
(2) causes the death of a human being while committing or attempting to
commit criminal sexual conduct in the first or second degree with force or
violence, either upon or affecting the person or another;
(3) causes the death of a human being with intent to effect the death of
the person or another, while committing or attempting to commit burglary,
aggravated robbery, kidnapping, arson in the first or second degree, a drive-
by shooting, tampering with a witness in the first degree, escape from custody,
or any felony violation of chapter 152 involving the unlawful sale of a controlled
substance;
(4) causes the death of a peace officer, prosecuting attorney, judge, or a
guard employed at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the person is engaged in
the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the
perpetrator has engaged in a past pattern of child abuse upon a child and the
death occurs under circumstances manifesting an extreme indifference to
human life;
(6) causes the death of a human being while committing domestic abuse,
when the perpetrator has engaged in a past pattern of domestic abuse upon
the victim or upon another family or household member and the death occurs
under circumstances manifesting an extreme indifference to human life; or

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(7) causes the death of a human being while committing, conspiring to

commit, or attempting to commit a felony crime to further terrorism and the
death occurs under circumstances manifesting an extreme indifference to
human life.
(b) For purposes of paragraph (a), clause (4), “prosecuting attorney” has
the meaning given in section 609.221, subdivision 2, paragraph (c), clause (4).
(c) For the purposes of paragraph (a), clause (4), “judge” has the meaning
given in section 609.221, subdivision 2, paragraph (c), clause (5).
(d) For purposes of paragraph (a), clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of the following
laws of this state or any similar laws of the United States or any other state:
section 609.221; 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343;
609.344; 609.345; 609.377; 609.378; or 609.713.
(e) For purposes of paragraph (a), clause (6), "domestic abuse" means
an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224,
609.2242; 609.342, 609.343, 609.344; 609.345, or 609.713, or any similar
laws of the United States or any other state; and
(2) is committed against the victim who is a family or household member
as defined in section 518B.01, subdivision 2, paragraph (b).
(f) For purposes of paragraph (a), clause (7), “further terrorism” has the
meaning given in section 609.714, subdivision 1.

609.19 MURDER IN THE SECOND DEGREE

Subdivision 1. Intentional murder; drive-by shootings. Whoever
does either of the following is guilty of murder in the second degree and may
be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of
that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to
commit a drive-by shooting in violation of section 609.66, subdivision 1e, under
circumstances other than those described in section 609.185, paragraph (a),
clause (3).
Subd. 2. Unintentional murders. Whoever does either of the following
is guilty of unintentional murder in the second degree and may be sentenced
to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death
of any person, while committing or attempting to commit a felony offense other
than criminal sexual conduct in the first or second degree with force or violence
or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death
of any person, while intentionally inflicting or attempting to inflict bodily harm
upon the victim, when the perpetrator is restrained under an order for
protection and
the victim is a person designated to receive protection under the order. As
used in this clause, "order for protection" includes an order for protection
issued under section 518B; a harassment restraining order issued under
section 609.748; a court order setting conditions of pretrial release or
conditions of a criminal sentence or juvenile court disposition; a restraining

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order issued in a marriage dissolution action; and any order issued by a court
of another state or of the United States that is similar to any of these orders.

609.195 MURDER IN THE THIRD DEGREE.

(a) Whoever, without intent to effect the death of any person, causes the
death of another by perpetrating an act eminently dangerous to others and
evincing a depraved mind, without regard for human life, is guilty of murder in
the third degree and may be sentenced to imprisonment for not more than 25
years.
(b) Whoever, without intent to cause death, proximately causes the death
of a human being by, directly or indirectly, unlawfully selling, giving away,
bartering, delivering, exchanging, distributing, or administering a controlled
substance classified in schedule I or II, is guilty of murder in the third degree
and may be sentenced to imprisonment for not more than 25 years or to
payment of a fine of not more than $40,000, or both.

609.196 Repealed, 1998 c 367 a 6 s 16

609.20 MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first
degree and may be sentenced to imprisonment for not more than 15 years or
to payment of a fine of not more than $30,000, or both:
(1) intentionally causes the death of another person in the heat of passion
provoked by such words or acts of another as would provoke a person of
ordinary self-control under like circumstances, provided that the crying of a
child does not constitute provocation;
(2) violates section 609.224 and causes the death of another or causes
the death of another in committing or attempting to commit a misdemeanor or
gross misdemeanor offense with such force and violence that death of or great
bodily harm to any person was reasonably foreseeable, and murder in the first
or second degree was not committed thereby;
(3) intentionally causes the death of another person because the actor is
coerced by threats made by someone other than the actor's coconspirator and
which cause the actor reasonably to believe that the act performed by the actor
is the only means of preventing imminent death to the actor or another;
(4) proximately causes the death of another, without intent to cause death
by, directly or indirectly, unlawfully selling, giving away, bartering, delivering,
exchanging, distributing, or administering a controlled substance classified in
schedule III, IV, or V; or
(5) causes the death of another in committing or attempting to commit a
violation of section 609.377 (malicious punishment of a child), and murder in
the first, second, or third degree is not committed thereby.
As used in this section, a "person of ordinary self-control" does not include
a person under the influence of intoxicants or a controlled substance.

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means
is guilty of manslaughter in the second degree and may be sentenced to

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imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an
unreasonable risk, and consciously takes chances of causing death or great
bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a
result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous
weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the
person to have vicious propensities or to have caused great or substantial
bodily harm in the past, to run uncontrolled off the owner's premises, or
negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378
(neglect or endangerment of a child), and murder in the first, second, or third
degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative
defense to criminal liability under clause (4) that the victim provoked the animal
to cause the victim's death.

609.2111 DEFINITIONS.
Subd. 1 Definitions. (a) For purposes of sections 609.2111 to 609.2114
the terms defined in this subdivision have the meanings given them.
(b) “Motor vehicle” has the meaning given in section 609.52 subdivision
1, and includes attached trailers.
(c) “Controlled substance” has the meaning given in section 152.01,
subdivision 4.
(d) “Intoxicating substance” has the meaning given in section 169A.03,
subdivision 11a.
(e) “Qualified prior driving offense” includes a prior conviction:
(1) for a violation of section 169A.20 under the circumstances described
in section 169A.24 or 169A.25;
(2) under section 609.2112, subdivision 1, paragraph (a), clauses (2) to
(6); 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3,
clauses (2) to (6); or 609.2114, subdivision 1, paragraph (a), clauses (2) to (6);
or 2, clauses (2) to (6);
(3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses
(2) to (6); or
(4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses
(2) to (6); 2, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3,
clauses (2) to (6); or 4, clauses (2) to (6).

609.2112 CRIMINAL VEHICULAR HOMICIDE

Subdivision 1. Criminal vehicular homicide. (a) Except as provided in
paragraph (b), a person is guilty of criminal vehicular homicide 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, if the person causes the death of a human
being not constituting murder or manslaughter as a result of operating a motor
vehicle:

63
 (1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured
within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating
substance and the person knows or has reason to know that the substance
has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance
listed in Schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person’s body;
(7) where the driver who causes the collision leaves the scene of the
collision in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had
previously issued a citation or warning that the motor vehicle was defectively
maintained, the driver had actual knowledge that remedial action was not
taken, the driver had reason to know that the defect created a present danger
to others, and the death was caused by the defective maintenance.
(b) If a person is sentenced under paragraph (a) for a violation under
paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior
driving offense, the statutory maximum sentence of imprisonment is 15 years.
Subd. 2. Affirmative defense. It shall be an affirmative defense to a
charge under subdivision 1, clause (6), that the defendant used the controlled
substance according to the terms of a prescription issued for the defendant in
accordance with sections 152.11 and 152.12.

609.2113 CRIMINAL VEHICULAR OPERATION; BODILY HARM.

Subdivision 1. Great bodily harm. (a) A person is guilty of criminal
vehicular operation resulting in great bodily harm 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, if the person causes great bodily harm to another not
constituting attempted murder or assault as a result of operating a motor
vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured
within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating
substance and the person knows or has reason to know that the substance
has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance
listed in Schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person’s body;

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(7) where the driver who causes the accident leaves the scene of the
accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had
previously issued a citation or warning that the motor vehicle was defectively
maintained, the driver had actual knowledge that remedial action was not
taken, the driver had reason to know that the defect created a present danger
to others, and the injury was caused by the defective maintenance.
Subd. 2. Substantial bodily harm.
A person is guilty of criminal vehicular operation resulting in substantial
bodily harm and may be sentenced to imprisonment for not more than three
years or to payment of a fine of not more than $10,000, or both, if the person
causes substantial bodily harm to another as a result of operating a motor
vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured
within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating
substance and the person knows or has reason to know that the substance
has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance
listed in Schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the
accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had
previously issued a citation or warning that the motor vehicle was defectively
maintained, the driver had actual knowledge that remedial action was not
taken, the driver had reason to know that the defect created a present danger
to others, and the injury was caused by the defective maintenance.
Subd. 3. Bodily harm.
A person is guilty of criminal vehicular operation resulting in bodily harm
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, if the person causes bodily
harm to another as a result of operating a motor vehicle: underline end
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured
within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating
substance and the person knows or has reason to know that the substance
has the capacity to cause impairment;

65
 (6) in a negligent manner while any amount of a controlled substance
listed in Schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the
accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had
previously issued a citation or warning that the motor vehicle was defectively
maintained, the driver had actual knowledge that remedial action was not
taken, the driver had reason to know that the defect created a present danger
to others, and the injury was caused by the defective maintenance.
Subd. 4. Affirmative defense.
It shall be an affirmative defense to a charge under subdivisions 1, clause
(6); 2, clause (6); and 3, clause (6), that the defendant used the controlled
substance according to the terms of a prescription issued for the defendant in
accordance with sections 152.11 and 152.12.

609.2114 CRIMINAL VEHICULAR OPERATION; UNBORN

CHILD
Subdivision 1. Death to an unborn child.
(a) Except as provided in paragraph (b), person is guilty of criminal
vehicular operation resulting in death to an unborn child 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, if the person causes the death of an unborn
child as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured
within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating
substance and the person knows or has reason to know that the substance
has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance
listed in Schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the
accident in violation of section 169.09, subdivision 1 or 6;
(8) where the driver had actual knowledge that a peace officer had
previously issued a citation or warning that the motor vehicle was defectively
maintained, the driver had actual knowledge that remedial action was not
taken, the driver had reason to know that the defect created a present danger
to others, and the injury was caused by the defective maintenance.
(b) If a person is sentenced under paragraph (a) for a violation of
paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior
driving offense, the statutory maximum sentence of imprisonment is 15 years.

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Subd. 2. Injury to an unborn child.

A person is guilty of criminal vehicular operation resulting in injury to an
unborn child 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, if the person
causes the great bodily harm to an unborn child subsequently born alive as a
result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured
within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating
substance and the person knows or has reason to know that the substance
has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance
listed in Schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the
accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had
previously issued a citation or warning that the motor vehicle was defectively
maintained, the driver had actual knowledge that remedial action was not
taken, the driver had reason to know that the defect created a present danger
to others, and the injury was caused by the defective maintenance.
Subd. 3. Conviction not bar to punishment for other crimes.
A prosecution for or a conviction of a crime under this section relating to
causing death or injury to an unborn child is not a bar to conviction of or
punishment for any other crime committed by the defendant as part of the
same conduct.
Subd. 4 Affirmative defense. It shall be an affirmative defense to a
charge under subdivision 1, clause (6), and 2, clause (6) that the defendant
used the controlled substance according to the terms of a prescription issued
for the defendant in accordance with sections 152.11 and 152.12.

609.215 SUICIDE.
Subdivision 1. Aiding suicide. Whoever intentionally advises,
encourages, or assists another in taking the other's own life may be sentenced
to imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.
Subd. 2. Aiding attempted suicide. Whoever intentionally advises,
encourages, or assists another who attempts but fails to take the other's own
life may be sentenced to imprisonment for not more than seven years or to
payment of a fine of not more than $14,000, or both.
Subd. 3. Acts or omissions not considered aiding suicide or aiding
attempted suicide. (a) A health care provider, as defined in section 145B.02,
subdivision 6, who administers, prescribes, or dispenses medications or
procedures to relieve another person's pain or discomfort, even if the

67
medication or procedure may hasten or increase the risk of death, does not
violate this section unless the medications or procedures are knowingly
administered, prescribed, or dispensed to cause death.
(b) A health care provider, as defined in section 145B.02, subdivision 6,
who withholds or withdraws a life-sustaining procedure in compliance with
chapter 145B or 145C or in accordance with reasonable medical practice does
not violate this section.
Subd. 4. Injunctive relief. A cause of action for injunctive relief may be
maintained against any person who is reasonably believed to be about to
violate or who is in the course of violating this section by any person who is:
(1) the spouse, parent, child, or sibling of the person who would commit
suicide;
(2) an heir or a beneficiary under a life insurance policy of the person who
would commit suicide;
(3) a health care provider of the person who would commit suicide;
(4) a person authorized to prosecute or enforce the laws of this state; or
(5) a legally appointed guardian or conservator of the person who would
have committed suicide.
Subd. 5. Civil damages. A person given standing by subdivision 4,
clause (1), (2), or (5), or the person who would have committed suicide, in the
case of an attempt, may maintain a cause of action against any person who
violates or who attempts to violate subdivision 1 or 2 for compensatory
damages and punitive damages as provided in section 549.20. A person
described in subdivision 4, clause (4), may maintain a cause of action against
a person who violates or attempts to violate subdivision 1 or 2 for a civil penalty
of up to $50,000 on behalf of the state. An action under this subdivision may
be
brought whether or not the plaintiff had prior knowledge of the violation or
attempt.
Subd. 6. Attorney fees. Reasonable attorney fees shall be awarded to
the prevailing plaintiff in a civil action brought under subdivision 4 or 5.

CRIMES AGAINST THE PERSON

609.221 ASSAULT IN THE FIRST DEGREE.

Subdivision 1. Great bodily harm. Whoever assaults another and
inflicts great bodily harm may be sentenced to imprisonment for not more than
20 years or to payment of a fine of not more than $30,000, or both.
Subd. 2. Use of deadly force against peace officer, prosecuting
attorney, judge, or correctional employee. Whoever assaults a peace
officer, prosecuting attorney, judge or correctional employee by using or
attempting to use deadly force against the officer, attorney, judge, or employee
while the person is engaged in the performance of a duty imposed by law,
policy, or rule, may be sentenced to imprisonment for not more than 20 years
or to payment of a fine of not more than $30,000, or both.
Subd. 3. Great bodily harm; peace officer, prosecuting attorney,
judge, or correctional employee.
Whoever assaults a peace officer, prosecuting attorney, judge, or
correctional employee and inflicts great bodily harm on the officer, attorney,

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judge, or employee while the person is engaged in the performance of a duty

imposed by law, policy, or rule may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $35,000, or both.
Subd. 4. Use of dangerous weapon or deadly force resulting in great
bodily harm against peace officer, prosecuting attorney, judge, or
correctional employee.
Whoever assaults and inflicts great bodily harm upon a peace officer,
prosecuting attorney, judge, or correctional employee with a dangerous
weapon or by using or attempting to use deadly force against the officer,
attorney, judge, or employee while the person is engaged in the performance
of a duty imposed by law, policy, or rule may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $40,000,
or both.
Subd. 5. Mandatory sentences for assaults against a peace officer,
prosecuting attorney, judge, or correctional employee.
(a) A person convicted of assaulting a peace officer, prosecuting attorney,
judge, or correctional employee shall be committed to the custody of the
commissioner of corrections for not less than:
(1) ten years, nor more than 20 years, for a violation of subdivision 2;
(2) 15 years, nor more than 25 years, for a violation of subdivision 3; or
(3) 25 years, nor more than 30 years, for a violation of subdivision 4.
(b) A defendant convicted and sentenced as required by this subdivision
is not eligible for probation, parole, discharge, work release, or supervised
release, until that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05,
244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court may
not stay the imposition or execution of this sentence.
Subd. 6. Definitions. As used in this section:
(1) “correctional employee” means an employee of a public or private
prison, jail, or workhouse;
(2) “deadly force” has the meaning given in section 609.066, subdivision
1;
(3) “peace officer” has the meaning given in section 626.84, subdivision
1;
(4) “prosecuting attorney” means an attorney, with criminal prosecution or
civil responsibilities, who is the attorney general, a political subdivision’s
elected or appointed county or city attorney, or a deputy, assistant, or special
assistant of any of these; and
(5) “judge” means a judge or justice of any court of this state that is
established by the Minnesota Constitution.

609.222 ASSAULT IN THE SECOND DEGREE.

Subdivision 1. Dangerous weapon. Whoever assaults another with a
dangerous weapon may be sentenced to imprisonment for not more than
seven years or to payment of a fine of not more than $14,000, or both.

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 Subd. 2. Dangerous weapon; substantial bodily harm. Whoever
assaults another with a dangerous weapon and inflicts substantial bodily harm
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.

609.223 ASSAULT IN THE THIRD DEGREE.

Subdivision 1. Substantial bodily harm. Whoever assaults another and
inflicts substantial bodily harm 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.
Subd. 2. Past pattern of child abuse. Whoever assaults a minor 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, if the perpetrator has engaged in a past
pattern of child abuse against the minor. As used in this subdivision, "child
abuse" has the meaning given it in section 609.185, paragraph (a), clause (5).
Subd. 3. Felony; victim under four. Whoever assaults a victim under
the age of four, and causes bodily harm to the child’s head, eyes, or neck, or
otherwise causes multiple bruises to the body, 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.

609.2231 ASSAULT IN THE FOURTH DEGREE.

Subdivision 1. Peace officers. (a) As used in this subdivision, “peace
officer” means a person who is licensed under section 626.845, subdivision 1,
and effecting a lawful arrest or executing any other duty imposed by law.
(b) Whoever physically assaults a peace officer is guilty of a gross
misdemeanor.
(c) Whoever commits either of the following acts against a peace officer
is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $6,000, or both; (1)
physically assaults the officer if the assault inflicts demonstrable bodily harm;
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto
the officer.
Subd. 2. Firefighters and emergency medical personnel. Whoever
assaults any of the following persons and inflicts demonstrable bodily harm is
guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $4,000, or both:
(1) a member of a municipal or volunteer fire department or emergency
medical services personnel unit in the performance of the member's duties; or
(2) a physician, nurse, or other person providing health care services in a
hospital emergency department.
Subd. 2a. Certain Department of Natural Resources employees.
Whoever assaults and inflicts demonstrable bodily harm on an employee of
the department of natural resources who is engaged in forest fire activities is
guilty of a gross misdemeanor.
Subd. 3. Correctional employees; prosecuting attorneys; judges;
probation officers. Whoever commits either of the following acts against an
employee of a correctional facility as defined in section 241.021, subdivision
1, paragraph (f), against a prosecuting attorney as defined in section 609.221,

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subdivision 2, paragraph (c), clause (4), against a judge as defined in section

609.221, subdivision 2, paragraph (c), clause (5), or against a
probation officer or other qualified person employed in supervising offenders
while the person is engaged in the performance of a duty imposed by law,
policy, or rule is guilty of a felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $4,000, or
both:
(1) assaults the person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or
onto the person.
Subd. 3a. Secure treatment facility personnel. (a) As used in this
subdivision, “secure treatment facility” includes facilities listed in section
253B.02, subdivision 18a, and 253D.02, subdivision 13.
(b) Whoever, while committed under section 253D or Minnesota Statutes
2012, section 253B.185, or Minnesota Statutes 1992, section 526.10, commits
either of the following acts against an employee or other individual who
provides care or treatment at a secure treatment facility while the person is
engaged in the performance of a duty imposed by law, policy, or rule is guilty
of a felony and may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both:
(1) assaults the person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or
onto the person.
(c) Whoever, while committed under section 253B.18, or admitted under
the provision of section 253B.10, subdivision 1, commits either of the following
acts against an employee or other individual who supervises and works
directly with patients at a secure treatment facility while the person is engaged
in the performance of a duty imposed by law, policy, or rule, is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $4,000, or both:
(1) assaults the person and inflicts demonstrable harm; or
(2) intentionally throws or otherwise transfers urine, blood, semen, or
feces onto the person.
(d) The court shall commit a person convicted of violating paragraph (b)
to the custody of the commissioner of corrections for not less than one year
and one day. The court may not, on its own motion or the prosecutor’s motion,
sentence a person without regard to this paragraph. A person convicted and
sentenced as required by this paragraph is not eligible for probation, parole,
discharge, work release, or supervised release, until that person has served
the full term of imprisonment as provided by law, notwithstanding the
provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
(e) Notwithstanding the statutory maximum sentence provided in
paragraph (b), when a court sentences a person to the custody of the
commissioner of corrections for a violation of paragraph (b), the court shall
provide that after the person has been released from prison, the commissioner
shall place the person on conditional release for five years. The terms of
conditional release are governed by sections 244.05 and 609.3455,
subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.
Subd. 4. Assaults motivated by bias. (a) Whoever assaults another
because of the victim's or another's actual or perceived race, color, religion,

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sex, sexual orientation, disability as defined in section 363A.03, age, or
national origin 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.
(b) Whoever violates the provisions of paragraph (a) within five years of
a previous conviction under paragraph (a) is guilty of a felony and may be
sentenced to imprisonment for not more than one year and a day or to
payment of a fine of not more than $3,000, or both.
Subd. 5. School official. Whoever assaults a school official while the
official is engaged in the performance of the official's duties, and inflicts
demonstrable bodily harm, is guilty of a gross misdemeanor. As used in this
subdivision, "school official" includes teachers, school administrators, and
other employees of a public or private school.
Subd. 6. Public employees with mandated duties. A person is guilty
of a gross misdemeanor who:
(1) assaults an agricultural inspector, occupational safety and health
investigator, child protection worker, public health nurse, animal control officer,
or probation or parole officer while the employee is engaged in the
performance of a duty mandated by law, court order, or ordinance;
(2) knows that the victim is a public employee engaged in the
performance of the official public duties of the office; and
(3) inflicts demonstrable bodily harm.
Subd. 7. Community crime prevention group members. (a) A person
is guilty of a gross misdemeanor who:
(1) assaults a community crime prevention group member while the
member is engaged in neighborhood patrol;
(2) should reasonably know that the victim is a community crime
prevention group member engaged in neighborhood patrol; and
(3) inflicts demonstrable bodily harm.
(b) As used in this subdivision, "community crime prevention group"
means a community group focused on community safety and crime prevention
that:
(1) is organized for the purpose of discussing community safety and
patrolling community neighborhoods for criminal activity;
(2) is designated and trained by the local law enforcement agency as a
community crime prevention group; or
(3) interacts with local law enforcement regarding community safety
issues.
Subd. 8. Vulnerable adults. (a) As used in this subdivision, "vulnerable
adult" has the meaning given in section 609.232, subdivision 11.
(b) Whoever assaults and inflicts demonstrable bodily harm on a
vulnerable adult, knowing or having reason to know that the person is a
vulnerable adult, is guilty of a gross misdemeanor.
Subd. 9. Reserve officer. A person is guilty of a gross misdemeanor who:
(1) assaults a reserve officer as defined in section 626.84, subdivision 1,
paragraph (e), who is engaged in the performance of official public duties at
the direction of, under the control of, or on behalf of a peace officer or
supervising law enforcement officer or agency; and
(2) should reasonably know that the victim is a reserve officer engaged in
the performance of official public duties of the peace officer, or supervising law
enforcement officer or agency.

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Subd.10. Utility and postal service employees and contractors. (a)

A person is guilty of a gross misdemeanor who:
(1) assaults an employee or contractor of a utility or the United States
Postal Service while the employee or contractor is engaged in the
performance of the employee's or contractor's duties;
(2) should reasonably know that the victim is an employee or contractor
of a utility or the postal service who is:
(i) performing duties of the victim's employment; or
(ii) fulfilling the victim's contractual obligations; and
(3) inflicts demonstrable bodily harm.
(b) As used in this subdivision, "utility" has the meaning given it in section
609.594, subdivision 1, clause (3).
Subd. 11. Transit operators. (a) A person is guilty of a gross
misdemeanor if (1) the person assaults a transit operator, or intentionally
throws or otherwise transfers bodily fluids onto a transit operator; and (2) the
transit operator is acting in the course of the operator's duties and is operating
a transit vehicle, aboard a transit vehicle, or otherwise responsible for a transit
vehicle. A person convicted under this paragraph 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.
(b) For the purposes of this subdivision, "transit operator" means a driver
or operator of a transit vehicle that is used to provide any of the following
services:
(1) public transit, as defined in section 174.22, subdivision 7;
(2) light rail transit service;
(3) special transportation service under section 473.386, whether
provided by the Metropolitan Council or by other providers under contract with
the council; or
(4) commuter rail service.

609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS

COMMITTED BY STATE PRISON INMATES.
If an inmate of a state correctional facility is convicted of violating section
609.221, 609.222, 609.223, 609.2331, or 609.224, while confined in the
facility, the sentence imposed for the assault shall be executed and run
consecutively to any unexpired portion of the offender’s earlier sentence. The
inmate is not entitled to credit against the sentence imposed for the assault for
time served in confinement for the earlier sentence. The inmate shall serve
the sentence for the assault in a state correctional facility even if the assault
conviction was for a misdemeanor or gross misdemeanor.

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609.2233 FELONY ASSAULT MOTIVATED BY BIAS;
INCREASED STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221, 609.222, or 609.223 because of
the victim’s or another person’s actual or perceived race, color, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin is
subject to statutory maximum penalty of 25 percent longer than the
maximum penalty otherwise applicable.

609.224 ASSAULT IN THE FIFTH DEGREE.

Subdivision 1. Misdemeanor. Whoever does any of the following
commits an assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily
harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
Subd. 2. Gross misdemeanor. (a) Whoever violates the provisions of
subdivision 1 against the same victim within ten years of a previous qualified
domestic violence-related offense conviction or adjudication of delinquency is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not
more than one year or to a payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of subdivision 1 within three years of
a previous qualified domestic violence-related offense conviction or
adjudication of delinquency 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. 3. Firearms. (a) When a person is convicted of a violation of this
section, or section 609.221, 609.222, or 609.223, the court shall determine
and make written findings on the record as to whether:
(1) the defendant owns or possesses a firearm; and
(2) the firearm was used in any way during the commission of the assault.
(b) Except as otherwise provided in section 609.2242, subdivision 3,
paragraph (c), a person is not entitled to possess a pistol if the person has
been convicted after August 1, 1992, of assault in the fifth degree if the offense
was committed within three years of a previous conviction under sections
609.221 to 609.224, unless three years have elapsed from the date of
conviction and, during that time, the person has not been convicted of any
other violation of this section. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a pistol in violation
of this paragraph is guilty of a gross misdemeanor.
Subd. 4. Felony. (a) Whoever violates the provisions of subdivision 1
against the same victim within ten years of the first of any combination of two
or more previous qualified domestic violence-related offense convictions or
adjudications of delinquency is guilty of a felony and may be sentenced to
imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.
(b) Whoever violates the provisions of subdivision 1 within three years of
the first of any combination of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency 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.

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609.2241 KNOWING TRANSFER OF COMMUNICABLE

DISEASE.
Subdivision 1. Definitions. As used in this section, the following terms
have the meanings given:
(a) "Communicable disease" means a disease or condition that causes
serious illness, serious disability, or death; the infectious agent of which may
pass or be carried from the body of one person to the body of another through
direct transmission.
(b) "Direct transmission" means predominately sexual or blood born
transmission.
(c) "A person who knowingly harbors an infectious agent" refers to a
person who receives from a physician or other health professional:
(1) advice that the person harbors an infectious agent for a communicable
disease;
(2) educational information about behavior which might transmit the
infectious agent; and
(3) instruction of practical means of preventing such transmission.
(d) "Transfer" means to engage in behavior that has been demonstrated
epidemiologically to be a mode of direct transmission of an infectious agent
which causes the communicable disease.
(e) "Sexual penetration" means any of the acts listed in section 609.341,
subdivision 12, when the acts described are committed without the use of a
latex or other effective barrier.
Subd. 2. Crime. It is a crime, which may be prosecuted under section
609.17, 609.185, 609.19, 609.221, 609.222, 609.223, 609.2231, or 609.224,
for a person who knowingly harbors an infectious agent to transfer, if the crime
involved:
(1) sexual penetration with another person without having first informed
the other person that the person has a communicable disease;
(2) transfer of blood, sperm, organs, or tissue, except as deemed
necessary for medical research or if disclosed on donor screening forms; or
(3) sharing of nonsterile syringes or needles for the purpose of injecting
drugs.
Subd. 3. Affirmative defense. It is an affirmative defense to prosecution,
if it is proven by a preponderance of the evidence, that:
(1) the person who knowingly harbors an infectious agent for a
communicable disease took practical means to prevent transmission as
advised by a physician or other health professional; or
(2) the person who knowingly harbors an infectious agent for a
communicable disease is a health care provider who was following
professionally accepted infection control procedures.
Nothing in this section shall be construed to be a defense to a criminal
prosecution that does not allege a violation of subdivision 2.
Subd. 4. Health department data. Data protected by section 13.3805,
subdivision 1, and information collected as part of a health department
investigation under sections 144.4171 to 144.4186 may not be accessed or
subpoenaed by law enforcement authorities or prosecutors without the
consent of the subject of the data.

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609.2242 DOMESTIC ASSAULT.
Subdivision 1. Misdemeanor. Whoever does any of the following
against a family or household member as defined in section 518B.01,
subdivision 2, commits an assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily
harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within
ten years of a previous qualified domestic violence-related offense conviction
or an adjudication of delinquency, 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. 3. Domestic assaults; firearms. (a) When a person is convicted
of a violation of section 609.221, 609.222, 609.223, 609.224, or 609.2247 the
court shall determine and make written findings on the record as to whether:
(1) the assault was committed against a family or household member, as
defined in section 518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission of the assault.
(b) If the court determines that the assault was of a family or household
member. and that the offender owns or possesses a firearm and used it in any
way during the commission of the assault, it shall order that the firearm be
summarily forfeited under section 609.5316, subdivision 3.
(c) When a person is convicted of assaulting a family or household
member and is determined by the court to have used a firearm in any way
during commission of the assault, the court may order that the person is
prohibited from possessing any type of firearm for any period longer than three
years or for the remainder of the person's life. A person who violates this
paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant for how long the defendant is prohibited from
possessing a firearm and that it is a gross misdemeanor to violate this
paragraph. The failure of the court to provide this information to a defendant
does not affect the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.
(d) Except as otherwise provided in paragraph (c), when a person is
convicted of a violation of this section or section 609.224 and the court
determines that the victim was a family or household member, the court shall
inform the defendant that the defendant is prohibited from possessing a
firearm for three years from the date of conviction and that it is a gross
misdemeanor offense to violate this prohibition. The failure of the court to
provide this information to a defendant does not affect the applicability of the
firearm possession prohibition or the gross misdemeanor penalty to that
defendant.
(e) Except as otherwise provided in paragraph (c), a person is not entitled
to possess a pistol if the person has been convicted after August 1, 1992, or
a firearm if a person has been convicted on or after August 1, 2014, of
domestic assault under this section or assault in the fifth degree under section
609.224 and the assault victim was a family or household member as defined
in section 518B.01, subdivision 2, unless three years have elapsed from the
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date of conviction and, during that time, the person has not been convicted of
any other violation of this section or 609.224. Property rights may not be
abated but access may be restricted by the courts. A person who possesses
a firearm in violation of this paragraph is guilty of a gross misdemeanor.
(f) Except as otherwise provided in paragraphs (b) and (h), when a person
is convicted of a violation of this section or section 609.221, 609.222, 609.223,
609.224, or 609.2247 and the court determines that the assault was against a
family or household member, the court shall order the defendant to transfer
any firearms that the person possesses, within three business days, to a
federally licensed firearms dealer, a law enforcement agency, or a third party
who may lawfully receive them. The transfer may be permanent or temporary,
unless the court prohibits the person from possessing a firearm for the
remainder of the person's life under paragraph (c). A temporary firearm
transfer only entitles the receiving party to possess the firearm. A temporary
transfer does not transfer ownership or title. A defendant may not transfer
firearms to a third party who resides with the defendant. If a defendant makes
a temporary transfer, a federally licensed firearms dealer or law enforcement
agency may charge the defendant a reasonable fee to store the person's
firearms and may establish policies for disposal of abandoned firearms,
provided such policies require that the person be notified by certified mail prior
to disposal of abandoned firearms. For temporary firearms transfers under this
paragraph, a law enforcement agency, federally licensed firearms dealer, or
third party shall exercise due care to preserve the quality and function of the
transferred firearms and shall return the transferred firearms to the person
upon request after the expiration of the prohibiting time period imposed under
this subdivision, provided the person is not otherwise prohibited from
possessing firearms under state or federal law. The return of temporarily
transferred firearms to a person shall comply with state and federal law. If a
defendant permanently transfers the defendant's firearms to a law
enforcement agency, the agency is not required to compensate the defendant
and may charge the defendant a reasonable processing fee. A law
enforcement agency is not required to accept a person's firearm under this
paragraph. The court shall order that the person surrender all permits to carry
and purchase firearms to the sheriff.
(g) A defendant who is ordered to transfer firearms under paragraph (f)
must file proof of transfer as provided for in this paragraph. If the transfer is
made to a third party, the third party must sign an affidavit under oath before
a notary public either acknowledging that the defendant permanently
transferred the defendant's firearms to the third party or agreeing to
temporarily store the defendant's firearms until such time as the defendant is
legally permitted to possess firearms. The affidavit shall indicate the serial
number, make, and model of all firearms transferred by the defendant to the
third party. The third party shall acknowledge in the affidavit that the third party
may be held criminally and civilly responsible under section 624.7144 if the
defendant gains access to a transferred firearm while the firearm is in the
custody of the third party. If the transfer is to a law enforcement agency or
federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The
proof of transfer must specify whether the firearms were permanently or
temporarily transferred and include the name of the defendant, date of

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transfer, and the serial number, make, and model of all transferred firearms.
The defendant shall provide the court with a signed and notarized affidavit or
proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed
pursuant to this paragraph.
(h) When a person is convicted of a violation of this section or section
609.221, 609.222, 609.223, 609.224, or 609.2247, and the court determines
that the assault was against a family or household member, the court shall
determine by a preponderance of the evidence if the person poses an
imminent risk of causing another person substantial bodily harm. Upon a
finding of imminent risk, the court shall order that the local law enforcement
agency take immediate possession of all firearms in the person's possession.
The local law enforcement agency shall exercise due care to preserve the
quality and function of the defendant's firearms and shall return the firearms
to the person upon request after the expiration of the prohibiting time period,
provided the person is not otherwise prohibited from possessing firearms
under state or federal law. The local law enforcement agency shall, upon
written notice from the person, transfer the firearms to a federally licensed
firearms dealer or a third party who may lawfully receive them. Before a local
law enforcement agency transfers a firearm under this paragraph, the agency
shall require the third party or federally licensed firearms dealer receiving the
firearm to submit an affidavit or proof of transfer that complies with the
requirements for affidavits or proofs of transfer established in paragraph (g).
The agency shall file all affidavits or proofs of transfer received with the court
within two business days of the transfer. The court shall seal all affidavits or
proofs of transfer filed pursuant to this paragraph. A federally licensed firearms
dealer or third party who accepts a firearm transfer pursuant to this paragraph
shall comply with paragraphs (f) and (g) as if accepting transfer from the
defendant. If the law enforcement agency does not receive written notice from
the defendant within three business days, the agency may charge a
reasonable fee to store the defendant's firearms. A law enforcement agency
may establish policies for disposal of abandoned firearms, provided such
policies require that the person be notified via certified mail prior to disposal of
abandoned firearms.
Subd. 4. Felony. Whoever violates the provisions of this section or
section 609.224, subdivision 1, within ten years of the first of any combination
of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency is guilty of a felony and may be
sentenced to imprisonment for not more than five years or payment of a fine
of not more than $10,000, or both.

609.2243 SENTENCING; REPEAT DOMESTIC ASSAULT.

Subdivision. 1. Gross misdemeanor. A person convicted of gross
misdemeanor domestic assault under section 609.2242, subdivision 2, shall
be sentenced to a minimum of 20 days imprisonment, at least 96 hours of
which must be served consecutively. The court may stay execution of the
minimum sentence required under this subdivision on the condition that the
person sentenced complete anger therapy or counseling and fulfill any other
condition, as ordered by the court; provided, however, that the court shall
revoke the stay of execution and direct the person to be taken into immediate
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custody if it appears that the person failed to attend or complete the ordered
therapy or counseling, or violated any other condition of the stay of execution.
If the court finds at the revocation hearing required under section 609.14,
subdivision 2, that the person failed to attend or complete the ordered therapy,
or violated any other condition of the stay of execution, the court shall order
execution of the sentence previously imposed.
Subd. 2. Felony. (a) Except as otherwise provided in paragraph (b), in
determining an appropriate disposition for felony domestic assault under
section 609.2242, subdivision 4, the court shall presume that a stay of
execution with at least a 45-day period of incarceration as a condition of
probation shall be imposed. If the court imposes a stay of execution with a
period of incarceration as a condition of probation, at least 15 days must be
served consecutively.
(b) If the defendant’s criminal history score, determined according to the
Sentencing Guidelines, indicates a presumptive executed sentence, that
sentence shall be imposed unless the court departs from the Sentencing
Guidelines pursuant to section 244.10. A stay of imposition of sentence under
this paragraph may be granted only if accompanied by a statement on the
record of the reasons for it.

609.2244 PRESENTENCE DOMESTIC ABUSE

INVESTIGATIONS.
Subdivision 1. Investigation. A presentence domestic abuse
investigation must be conducted and a report submitted to the court by the
corrections agency responsible for conducting the investigation when:
(1) a defendant is convicted of an offense described in section 518B.01,
subdivision 2; or
(2) a defendant is arrested for committing an offense described in section
518B.01, subdivision 2, but is convicted of another offense arising out of the
same circumstances surrounding the arrest; or
(3) a defendant is convicted of a violation against a family or household
member of: (a) an order for protection under section 518B.01; (b) a
harassment restraining order under section 609.748; (c) section 609.79,
subdivision 1; or (d) section 609.713, subdivision 1.
Subd. 2. Report. (a) The department of corrections shall establish
minimum standards for the report, including the circumstances of the offense,
impact on the victim, the defendant’s prior record, characteristics and history
of alcohol and chemical use problems, and amenability to domestic abuse
programs. The report is classified as private data on individuals as defined in
section 13.02, subdivision 12. Victim impact statements are confidential.
(b) The report must include:
(1) a recommendation on any limitations on contact with the victim and
other measures to ensure the victim’s safety;
(2) a recommendation for the defendant to enter and successfully
complete domestic abuse programming and any aftercare found necessary by
the investigation, including a specific recommendation for the defendant to
complete a domestic abuse counseling program or domestic abuse
educational program under section 518B.02;

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 (3) a recommendation for chemical dependency evaluation and treatment
as determined by the evaluation whenever alcohol or drugs were found to be
a contributing factor to the offense;
(4) recommendations for other appropriate remedial action or care or a
specific explanation why no level of care or action is recommended; and
(5) consequences for failure to abide by conditions set up by the court.
Subd. 3. Corrections agents standards; rules; investigation time
limits. A domestic abuse investigation required by this section must be
conducted by the local corrections department or the commissioner of
corrections. The corrections agent shall have access to any police reports, or
other law enforcement data relating to the current offense or previous offenses
that are necessary to complete the evaluation. A corrections agent conducting
an investigation under this section may not have any direct or shared financial
interest or referral relationship resulting in shared financial gain with a
treatment provider. An appointment for the defendant to undergo the
investigation must be made by the court, a court services probation officer, or
court administrator as soon as possible.
Subd. 4. Repealed, 2001 c 1SO8 a 10 s 20

609.2245 FEMALE GENITAL MUTILATION; PENALTIES.

Subdivision 1. Crime. Except as otherwise permitted in subdivision 2,
whoever knowingly circumcises, excises, or infibulates, in whole or in part, the
labia majora, labia minora, or clitoris of another is guilty of a felony. Consent
to the procedure by a minor on whom it is performed or by the minor's parent
is not a defense to a violation of this subdivision.
Subd. 2. Permitted activities. A surgical procedure is not a violation of
subdivision 1 if the procedure:
(1) is necessary to the health of the person on whom it is performed and
is performed by (i) a physician licensed under chapter 147; (ii) a physician in
training under the supervision of a licensed physician; or (iii) a certified nurse
midwife practicing within the nurse midwife’s legal scope of practice; or
(2) is performed on a person who is in labor or who has just given birth
and is performed for medical purposes connected with that labor or birth: (i)
by a physician licensed under chapter 147; (ii) a physician in training under
the supervision of a licensed physician; or (iii) a certified nurse midwife
practicing within the nurse midwife’s legal scope of practice.

609.2247 DOMESTIC ASSAULT BY STRANGULATION.

Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) “Family or household members” has the meaning given in section
518B.01, subdivision 2.
(c) “Strangulation” means intentionally impeding normal breathing or
circulation of the blood by applying pressure on the throat or neck or by
blocking the nose or mouth of another person.
Subd. 2. Crime. Unless a greater penalty is provided elsewhere, whoever
assaults a family or household member by strangulation is guilty of a felony
and may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both.

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609.226 HARM CAUSED BY DOG.

Subdivision 1. Great or substantial bodily harm. A person who causes
great or substantial bodily harm to another by negligently or intentionally
permitting any dog to run uncontrolled off the owner's premises, or negligently
failing to keep it properly confined is guilty of a misdemeanor. A person who
is convicted of a second or subsequent violation of this section involving the
same dog is guilty of a gross misdemeanor.
Subd. 2. Dangerous dogs. If the owner of a dangerous dog, as defined
under section 347.50, subdivision 2, has been convicted of a misdemeanor
under section 347.55, and the same dog causes bodily injury to a person other
than the owner, the owner 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. 3. Defense. If proven by a preponderance of the evidence, it shall
be an affirmative defense to liability under subdivision 1 or 2 that the victim
provoked the dog to cause the victim's bodily harm.
Subd. 4. Harm to service animal caused by dog; crime,
mandatory restitution. (a) As used in this subdivision, "service animal"
means an animal individually trained or being trained to do work or perform
tasks for the benefit of an individual with a disability.
(b) A person who negligently or intentionally (1) permits the person's dog
to run uncontrolled off the person's premises, or (2) fails to keep the person's
dog properly confined or controlled; and as a result the dog causes bodily
harm to a service animal or otherwise renders a service animal unable to
perform its duties, is guilty of a misdemeanor.
(c) The court shall order a person convicted of violating this subdivision to
pay restitution for the costs and expenses resulting from the crime. Costs and
expenses include, but are not limited to, the service animal user's loss of
income, veterinary expenses, transportation costs, and other expenses of
temporary replacement assistance services, and service animal replacement
or retraining costs incurred by a school, agency, or individual. If the court finds
that the convicted person is indigent, the court may reduce the amount of
restitution to a reasonable level or order it paid in installments.
(d) This subdivision does not preclude a person from seeking any
available civil remedies for an act that violates this subdivision.

609.227 DANGEROUS ANIMALS DESTROYED.

When a person has been charged with a violation of section 609.205,
clause (4), or 609.226, subdivision 2 or 3, or a gross misdemeanor violation of
section 609.226, subdivision 1, the court shall order that the animal which
caused the death or injury be seized by the appropriate local law enforcement
agency. The animal shall be killed in a proper and humane manner if the
person has been convicted of the crime for which the animal was seized. The
owner of the animal shall pay the cost of confining and killing the animal. This
section shall not preempt local ordinances with more restrictive provisions.

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609.228 GREAT BODILY HARM CAUSED BY DISTRIBUTION
OF DRUGS.
Whoever proximately causes great bodily harm by, directly or indirectly,
unlawfully selling, giving away, bartering, delivering, exchanging, distributing,
or administering a controlled substance classified in schedule I or II 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.

609.229 CRIME COMMITTED FOR BENEFIT OF GANG.

Subdivision 1. Definition. As used in this section, "criminal gang"
means any ongoing organization, association, or group of three or more
persons, whether formal or informal, that:
(1) has, as one of its primary activities, the commission of one or more of
the offenses listed in section 609.11, subdivision 9;
(2) has a common name or common identifying sign or symbol; and
(3) includes members who individually or collectively engage in or have
engaged in a pattern of criminal activity.
Subd. 2. Crimes. A person who commits a crime for the benefit of, at
the direction of, in association with, or motivated by involvement with a criminal
gang, with the intent to promote, further, or assist in criminal conduct by gang
members is guilty of a crime and may be sentenced as provided in subdivision
3.
Subd. 3. Penalty. (a) If the crime committed in violation of subdivision
2 is a felony, the statutory maximum for the crime is five years longer than the
statutory maximum for the underlying crime. If the crime committed in violation
of subdivision 2 is a felony, and the victim of the crime is a child under the age
of 18 years, the statutory maximum for the crime is ten years longer than the
statutory maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is a misdemeanor,
the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is a gross
misdemeanor, the person is guilty of a felony and may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $15,000, or both.
Subd. 4. Mandatory minimum sentence. (a) Unless a longer
mandatory minimum sentence is otherwise required by law, or the court
imposes a longer aggravated durational departure, or a longer prison sentence
is presumed under the Sentencing Guidelines and imposed by the court, a
person convicted of a crime described in subdivision 3, paragraph (a), shall be
committed to the custody of the commissioner of corrections for not less than
one year plus one day.
(b) Any person convicted and sentenced as required by paragraph (a) is
not eligible for probation, parole, discharge, work release, or supervised
release until that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 242.19, 243.05, 244.04,
609.12, and 609.135.

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609.23 MISTREATMENT OF PERSONS CONFINED.

Whoever, being in charge of or employed in any institution, whether public
or private, intentionally abuses or ill-treats any person confined therein who is
mentally or physically disabled or who is involuntarily confined therein by order
of court or other duly constituted authority 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.

609.231 MISTREATMENT OF RESIDENTS OR PATIENTS.

Whoever, being in charge of or employed in any facility required to be
licensed under the provisions of sections 144.50 to 144.58, or 144A.02,
intentionally abuses, ill-treats, or culpably neglects any patient or resident
therein to the patient's or resident's physical detriment 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.

609.232 CRIMES AGAINST VULNERABLE ADULTS;

DEFINITIONS.
Subdivision. 1. Scope. As used in sections 609.2325, 609.233,
609.2335, and 609.234, the terms defined in this section have the meanings
given.
Subd. 2. Caregiver. "Caregiver" means an individual or facility who has
responsibility for the care of a vulnerable adult as a result of a family
relationship, or who has assumed responsibility for all or a portion of the care
of a vulnerable adult voluntarily, by contract, or by agreement.
Subd. 3. Facility. (a) "Facility" means a hospital or other entity required
to be licensed under sections 144.50 to 144.58; a nursing home required to
be licensed to serve adults under section 144A.02; a home care provider
licensed or required to be licensed under sections144A.43 to 144A.482; a
residential or nonresidential facility required to be licensed to serve adults
under sections 245A.01 to 245A.16; or a person or organization that
exclusively offers, provides, or arranges for personal care assistant services
under the medical assistance program as authorized under sections
256B.0625, subdivision 19a, 256B.0651, 256B.0653, and 256B.0654.
(b) For home care providers and personal care attendants, the term
"facility" refers to the provider or person or organization that exclusively offers,
provides, or arranges for personal care services, and does not refer to the
client's home or other location at which services are rendered.
Subd. 4. Immediately. "Immediately" means as soon as possible, but no
longer than 24 hours from the time of initial knowledge that the incident
occurred has been received.
Subd. 5. Legal authority. "Legal authority" includes, but is not limited to:
(1) a fiduciary obligation recognized elsewhere in law, including pertinent
regulations;
(2) a contractual obligation; or
(3) documented consent by a competent person.

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 Subd. 6. Maltreatment. "Maltreatment" means any of the following:
(1) abuse under section 609.2325;
(2) neglect under section 609.233; or
(3) financial exploitation under section 609.2335.
Subd. 7. Operator. "Operator" means any person whose duties and
responsibilities evidence actual control of administrative activities or authority
for the decision making of or by a facility.
Subd. 8. Person. "Person" means any individual, corporation, firm,
partnership, incorporated and unincorporated association, or any other legal,
professional, or commercial entity.
Subd. 9. Report. "Report" means a statement concerning all the
circumstances surrounding the alleged or suspected maltreatment, as defined
in this section, of a vulnerable adult which are known to the reporter at the time
the statement is made.
Subd. 10. Therapeutic conduct. "Therapeutic conduct" means the
provision of program services, health care, or other personal care services
done in good faith in the interests of the vulnerable adult by: (1) an individual,
facility or employee, or person providing services in a facility under the rights,
privileges, and responsibilities conferred by state license, certification, or
registration; or (2) a caregiver.
Subd. 11. Vulnerable adult. "Vulnerable adult" means any person 18
years of age or older who:
(1) is a resident inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve
adults under sections 245A.01 to 245A.15, except that a person receiving
outpatient services for treatment of chemical dependency or mental illness, or
one who is committed as a sexual psychopathic personality or as a sexually
dangerous person under chapter 253B, is not considered a vulnerable adult
unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed
under sections 144A.43 to 144A.482; or from a person or organization that
exclusively offers, provides, or arranges for personal care assistant services
under the medical assistance program as authorized under sections
256B.0625, subdivision l9a, 256B.0651 to 256B.0654, and 256B.0659; or
(4) regardless of residence or whether any type of service is received,
possesses a physical or mental infirmity or other physical, mental, or emotional
dysfunction:
(i) that impairs the individual's ability to provide adequately for the
individual's own care without assistance, including the provision of food,
shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the
individual has an impaired ability to protect the individual from maltreatment.

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609.2325 CRIMINAL ABUSE.

Subdivision 1. Crimes. A caregiver who, with intent to produce physical
or mental pain or injury to a vulnerable adult; subjects a vulnerable adult to
any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, is guilty of criminal abuse and may be sentenced as
provided in subdivision 3.
This subdivision does not apply to therapeutic conduct.
Subd. 2. Exemptions. For the purposes of this section, a vulnerable
adult is not abused for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care
decisions for the vulnerable adult under sections 144.651, 144A.44, chapter
145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses
consent or withdraws consent, consistent with that authority and within the
boundary of reasonable medical practice, to any therapeutic conduct,
including any care, service, or procedure to diagnose, maintain or treat the
physical or mental condition of the vulnerable adult or, where permitted under
law, to provide nutrition and hydration parenterally or through intubation; this
paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult,
including an involved family member, to consent to or refuse consent for
therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic
conduct; or
(2) the vulnerable adult, a person with authority to make health care
decisions for the vulnerable adult, or a caregiver in good faith selects and
depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the vulnerable adult in lieu of medical care, provided that this
is consistent with the prior practice or belief of the vulnerable adult or with the
expressed intentions of the vulnerable adult.
Subd. 3. Penalties. A person who violates subdivision 1, may be
sentenced as follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for
not more than 15 years or payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than
ten years or payment of a fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death,
imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year or payment
of a fine of not more than $3,000, or both.

609.233 CRIMINAL NEGLECT.

Subdivision 1. Gross misdemeanor crime. A caregiver or operator who
intentionally neglects a vulnerable adult or knowingly permits conditions to
exist that result in the abuse or neglect of a vulnerable adult is guilty of a gross
misdemeanor. For purposes of this section, "abuse" has the meaning given
in section 626.5572, subdivision 2, and "neglect" means a failure to provide a
vulnerable adult with necessary food, clothing, shelter, health care, or
supervision.

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 Subd. 1a. Felony deprivation. A caregiver or operator who intentionally
deprives a vulnerable adult of necessary food, clothing, shelter, health care,
or supervision, when the caregiver or operator is reasonably able to make the
necessary provisions, is guilty of a felony and may be sentenced as provided
in subdivision 3 if:
(1) the caregiver or operator knows or has reason to know the deprivation
could likely result in substantial bodily harm or great bodily harm to the
vulnerable adult; or
(2) the deprivation occurred over an extended period of time.
Subd. 2. Exemptions. A vulnerable adult is not neglected or deprived
under subdivision 1 or 1a for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care
decisions for the vulnerable adult under sections 144.651, 144A.44, 253B.03,
or 524.5-101 to 524.5-502, or chapter 145B, 145C, or 252A, refuses consent
or withdraws consent, consistent with that authority and within the boundary
of reasonable medical practice, to any therapeutic conduct, including any care,
service, or procedure to diagnose, maintain, or treat the physical or mental
condition of the vulnerable adult or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation; this paragraph does
not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult,
including an involved family member, to consent to or refuse consent for
therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic
conduct;
(2) the vulnerable adult, a person with authority to make health care
decisions for the vulnerable adult, or a caregiver in good faith selects and
depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the vulnerable adult in lieu of medical care, provided that this
is consistent with the prior practice or belief of the vulnerable adult or with the
expressed intentions of the vulnerable adult; or
(3) the vulnerable adult, who is not impaired in judgment or capacity by
mental or emotional dysfunction or undue influence, engages in consensual
sexual contact with: (i) a person including a facility staff person when a
consensual sexual personal relationship existed prior to the caregiving
relationship; or (ii) a personal care attendant, regardless of whether the
consensual sexual personal relationship existed prior to the caregiving
relationship.
Subd. 3. Penalties. A person who violates subdivision 1a may be
sentenced as follows:
(1) if the conduct results in great bodily harm to the vulnerable adult,
imprisonment for not more than ten years or payment of a fine of not more
than $10,000, or both; or
(2) if the conduct results in substantial bodily harm to the vulnerable adult,
imprisonment for not more than five years or payment of a fine of not more
than $5,000, or both.
Subd. 4. Affirmative defenses. It shall be an affirmative defense to a
prosecution under subdivision 1 or 1a, if proven by a preponderance of
evidence, that:

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(1) the defendant is an individual employed by a facility or operator and

does not have managerial or supervisory authority, and was unable to
reasonably make the necessary provisions because of inadequate staffing
levels, inadequate supervision, or institutional policies;
(2) the defendant is a facility, an operator, or an employee of a facility or
operator in a position of managerial or supervisory authority, and did not
knowingly, intentionally, or recklessly permit criminal acts by its employees or
agents that resulted in the harm to the vulnerable adult; or
(3) the defendant is a caregiver and failed to perform acts necessary to
prevent the applicable level of harm, if any, to the vulnerable adult because
the caregiver was acting reasonably and necessarily to provide care to another
identified vulnerable adult.
For these affirmative defenses, a defendant bears only the burden of
production. A defendant's failure to meet the burden of production does not
relieve the state of its burden of persuasion as to all elements of the offense.

609.2335 FINANCIAL EXPLOITATION OF A VULNERABLE

ADULT.
Subdivision 1. Crime. Whoever does any of the following acts commits
the crime of financial exploitation:
(1) in breach of a fiduciary obligation recognized elsewhere in law,
including pertinent regulations, contractual obligations, documented consent
by a competent person, or the obligations of a responsible party under section
144.6501 intentionally:
(i) fails to use the real or personal property or other financial resources of
the vulnerable adult to provide food, clothing, shelter, health care, therapeutic
conduct, or supervision for the vulnerable adult;
(ii) uses, manages, or takes either temporarily or permanently the real or
personal property or other financial resources of the vulnerable adult, whether
held in the name of the vulnerable adult or a third party, for the benefit of
someone other than the vulnerable adult; or
(iii) deprives either temporarily or permanently a vulnerable adult of the
vulnerable adult’s real or personal property or other financial resources,
whether held in the name of the vulnerable adult or a third party, for the benefit
of someone other than the vulnerable adult; or
(2) in the absence of legal authority:
(i) acquires possession or control of an interest in real or personal property
or other financial resources of a vulnerable adult, whether held in the name of
the vulnerable adult or a third party, through the use of undue influence,
harassment, or duress;
(ii) forces, compels, coerces, or entices a vulnerable adult against the
vulnerable adult's will to perform services for the profit or advantage of
another; or
(iii) establishes a relationship with a fiduciary obligation to a vulnerable
adult by use of undue influence, harassment, duress, force, compulsion,
coercion, or other enticement.
Subd. 2. Defenses. (a) Nothing in this section requires a facility or
caregiver to provide financial management or supervise financial management
for a vulnerable adult except as otherwise required by law.

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 (b) If the actor knew or had reason to know that the vulnerable adult lacked
capacity to consent, consent is not a defense to a violation of this section.
Subd. 3. Criminal penalties. A person who violates subdivision 1,
clause (l) or (2), item (i), may be sentenced as provided in section when the
remaining term of imprisonment for a convicted person upon commitment is
90 days or less, the commissioner of corrections may contract with a county
for placement of the person in a county jail or detention center for the
remainder of the person's term., subdivision 3. A person who violates
subdivision 1, clause (2), item (ii) or (iii), 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. 4. Aggregation. In any prosecution under this section, the value
of the money or property or services received by the defendant within any six-
month period may be aggregated and the defendant charged accordingly in
applying the provision of subdivision 3; provided that when two or more
offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was
committed for all of the offenses aggregated under this subdivision.
Subd. 5. Venue. Notwithstanding anything to the contrary in section
627.01, an offense committed under this section may be prosecuted in: (1) the
county where any part of the offense occurred; or (2) the county of residence
of the victim or one of the victims.

609.2336 DECEPTIVE OR UNFAIR TRADE PRACTICES;

ELDERLY OR DISABLED VICTIMS.
Subdivision 1. Definitions. As used in this section:
(1) “charitable solicitation law violation” means a violation of sections
309.50 to 309.61;
(2) “consumer fraud law violation” means a violation of sections 325F.68
to 325F.70;
(3) “deceptive trade practices law violation” means a violation of sections
325D.43 to 325D.48;
(4) “false advertising law violation” means a violation of section 325F.67;
(5) “disabled person” means a person who has an impairment of physical
or mental function or emotional status that substantially limits one or more
major life activities;
(6) “major life activities” means functions such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working; and
(7) “senior citizen” means a person who is 65 years of age or older.
Subd. 2 Crime. It is a gross misdemeanor for any person to commit a
charitable solicitation law violation, a consumer fraud law violation, a deceptive
trade practices law violation, or a false advertising law violation if the person
knows or has reason to know that the person’s conduct:
(1) is directed at one or more handicapped persons or senior citizens; and
(2) will cause or is likely to cause a handicapped person or a senior citizen
to suffer loss or encumbrance of a primary residence, principal employment or
other major source of income, substantial loss of property set aside for
retirement or for personal or family care and maintenance, substantial loss of

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pension, retirement plan, or government benefits, or substantial loss of other

assets essential to the victim’s health or welfare.
Subd. 3. Prosecutorial jurisdiction. The attorney general has statewide
jurisdiction to prosecute violations of this section. This jurisdiction is
concurrent with that of the local prosecuting authority responsible for
prosecuting gross misdemeanors in the place where the violation was
committed.

609.234 FAILURE TO REPORT.

Subdivision 1. Crime. Any mandated reporter who is required to report
under section 626.557, who knows or has reason to believe that a vulnerable
adult is being or has been maltreated, as defined in section 626.5572,
subdivision 15, and who does any of the following is guilty of a misdemeanor:
(1) intentionally fails to make a report;
(2) knowingly provides information which is false, deceptive, or
misleading; or
(3) intentionally fails to provide all of the material circumstances
surrounding the incident which are known to the reporter when the report is
made.
Subd. 2. Increased penalty. It is a gross misdemeanor for a person who
is mandated to report under section 626.557, who knows or has reason to
believe that a vulnerable adult is being or has been maltreated, as defined in
section 626.5572, subdivision 15, to intentionally fail to make a report if:
(1) the person knows the maltreatment caused or contributed to the death
or great bodily harm of a vulnerable adult; and
(2) the failure to report causes or contributes to the death or great bodily
harm of a vulnerable adult or protects the mandated reporter's interests.

609.235 USE OF DRUGS TO INJURE OR FACILITATE CRIME.

Whoever administers to another or causes another to take any poisonous,
stupefying, overpowering, narcotic or anesthetic substance with intent thereby
to injure or to facilitate the commission of a crime 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.

609.24 SIMPLE ROBBERY.

Whoever, having knowledge of not being entitled thereto, takes personal
property from the person or in the presence of another and uses or threatens
the imminent use of force against any person to overcome the person's
resistance or powers of resistance to, or to compel acquiescence in, the taking
or carrying away of the property is guilty of robbery 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.

609.245 AGGRAVATED ROBBERY.

Subdivision 1. First Degree. Whoever, while committing a robbery, is
armed with a dangerous weapon or any article used or fashioned in a manner
to lead the victim to reasonably believe it to be a dangerous weapon, or inflicts
bodily harm upon another, is guilty of aggravated robbery in the first degree

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and may be sentenced to imprisonment for not more than 20 years or to
payment of a fine of not more than $35,000, or both.
Subd. 2. Second Degree. Whoever, while committing a robbery, implies,
by word or act, possession of a dangerous weapon, is guilty of aggravated
robbery in the second degree and may be sentenced to imprisonment for not
more than 15 years or to payment of a fine of not more than $30,000, or both.

609.25 KIDNAPPING.
Subdivision 1. Acts constituting. Whoever, for any of the following
purposes, confines or removes from one place to another, any person without
the person's consent or, if the person is under the age of 16 years, without the
consent of the person's parents or other legal custodian, is guilty of kidnapping
and may be sentenced as provided in subdivision 2:
(1) To hold for ransom or reward for release, or as shield or hostage; or
(2) To facilitate commission of any felony or flight thereafter; or
(3) To commit great bodily harm or to terrorize the victim or another; or
(4) To hold in involuntary servitude.
Subd. 2. Sentence. Whoever violates subdivision 1 may be sentenced
as follows:
(1) If the victim is released in a safe place without great bodily harm, to
imprisonment for not more than 20 years or to payment of a fine of not more
than $35,000, or both; or
(2) If the victim is not released in a safe place, or if the victim suffers great
bodily harm during the course of the kidnapping, or if the person kidnapped is
under the age of 16, to imprisonment for not more than 40 years or to payment
of a fine of not more than $50,000, or both.

609.251 DOUBLE JEOPARDY; KIDNAPPING.

Notwithstanding section 609.04, a prosecution for or conviction of the
crime of kidnapping is not a bar to conviction of or punishment for any other
crime committed during the time of the kidnapping.

609.255 FALSE IMPRISONMENT.

Subdivision 1. Definition. As used in this section, the following term has
the meaning given it unless specific content indicates otherwise.
"Caretaker" means an individual who has responsibility for the care of a
child as a result of a family relationship, or who has assumed responsibility for
all or a portion of the care of a child.
Subd. 2. Intentional restraint. Whoever, knowingly lacking lawful
authority to do so, intentionally confines or restrains someone else's child
under the age of 18 years without consent of the child's parent or legal
custodian, or any other person without the person's consent, is guilty of false
imprisonment and may be sentenced to imprisonment for not more than three
years or to payment of a fine of not more than $5,000, or both.
Subd. 3. Unreasonable restraint of children. (a) A parent, legal
guardian, or caretaker who intentionally subjects a child under the age of 18
years to unreasonable physical confinement or restraint by means including
but not limited to, tying, locking, caging, or chaining for a prolonged period of
time and in a cruel manner which is excessive under the circumstances, is

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guilty of unreasonable restraint of a child and, except as provided in paragraph

(b) or (c), 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.
(b) If the confinement or restraint results in demonstrable bodily harm, the
person may be sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $4,000, or both.
(c) If the confinement or restraint results in substantial bodily harm, the
person 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.

609.26 DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL

RIGHTS.
Subdivision 1. Prohibited acts. Whoever intentionally does any of the
following acts may be charged with a felony and, upon conviction, may be
sentenced as provided in subdivision 6:
(1) conceals a minor child from the child's parent where the action
manifests an intent substantially to deprive that parent of parental rights or
conceals a minor child from another person having the right to parenting time
or custody where the action manifests an intent to substantially deprive that
person of rights to parenting time or custody;
(2) takes, obtains, retains, or fails to return a minor child in violation of a
court order which has transferred legal custody under chapter 260, 260B, or
260C to the commissioner of human services, a child placing agency, or the
local social services agency;
(3) takes, obtains, retains, or fails to return a minor child from or to the
parent in violation of a court order, where the action manifests an intent
substantially to deprive that parent of rights to parenting time or custody;
(4) takes, obtains, retains, or fails to return a minor child from or to a
parent after commencement of an action relating to child parenting time or
custody but prior to the issuance of an order determining custody or parenting
time rights, where the action manifests an intent substantially to deprive that
parent of parental rights;
(5) retains a child in this state with the knowledge that the child was
removed from another state in violation of any of the above provisions;
(6) refuses to return a minor child to a parent or lawful custodian and is
at least 18 years old and more than 24 months older than the child;
(7) causes or contributes to a child being a habitual truant as defined in
section 260C.007, subdivision 19, and is at least 18 years old and more than
24 months older than the child;
(8) causes or contributes to a child being a runaway as defined in section
260C.007, subdivision 28, and is at least 18 years old and more than 24
months older than the child; or
(9) is at least 18 years old and resides with a minor under the age of 16
without the consent of the minor's parent or lawful custodian.
Subd. 2. Defenses. It is an affirmative defense if a person charged under
subdivision 1 proves that:
(1) the person reasonably believed the action taken was necessary to
protect the child from physical or sexual assault or substantial emotional harm;

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 (2) the person reasonably believed the action taken was necessary to
protect the person taking the action from physical or sexual assault;
(3) the action taken is consented to by the parent, stepparent, or legal
custodian seeking prosecution, but consent to custody or specific parenting
time is not consent to the action of failing to return or concealing a minor child;
or
(4) the action taken is otherwise authorized by a court order issued prior
to the violation of subdivision 1.
The defenses provided in this subdivision are in addition to and do not
limit other defenses available under this chapter or chapter 611.
Subd. 2a. Original intent clarified. To the extent that it states that
subdivision 2 creates affirmative defenses to a charge under this section,
subdivision 2 clarifies the original intent of the legislature in enacting Laws
1984, chapter 484, section 2, and does not change the substance of this
section. Subdivision 2 does not modify or alter any convictions entered under
this section before August 1, 1988.
Subd. 3. Venue. A person who violates this section may be prosecuted
and tried either in the county in which the child was taken, concealed, or
detained or in the county of lawful residence of the child.
Subd. 4. Return of child; costs. A child who has been concealed,
obtained, or retained in violation of this section shall be returned to the person
having lawful custody of the child or shall be taken into custody pursuant to
section 260C.175, subdivision 1, clause (2), item (ii). In addition to any
sentence imposed, the court may assess any expense incurred in returning
the child against any person convicted of violating this section. The court may
direct the appropriate county welfare agency to provide counseling services to
a child who has been returned pursuant to this subdivision.
Subd. 5. Dismissal of charge. A felony charge brought under this
section shall be dismissed if:
(a) the person voluntarily returns the child within 48 hours after taking,
detaining, or failing to return the child in violation of this section; or
(b) (1) the person taking the action and the child have not left the state of
Minnesota; and (2) within a period of seven days after taking the action, (i) a
motion or proceeding under chapter 518, 518B, 518C, or 518D is commenced
by the person taking the action, or (ii) the attorney representing the person
taking the action has consented to service of process by the party whose rights
are being deprived, for any motion or action pursuant to chapter 518, 518A,
518B, 518C or 518D.
Clause (a) does not apply if the person returns the child as a result of
being located by law enforcement authorities.
This subdivision does not prohibit the filing of felony charges or an offense
report before the expiration of the 48 hours.
Subd. 6. Penalty. (a) Except as otherwise provided in paragraph (b) and
subdivision 5, whoever violates this section may be sentenced as follows:
(1) to imprisonment for not more than two years or to payment of a fine of
not more than $4,000, or both; or
(2) to imprisonment for not more than four years or to payment of a fine of
not more than $8,000, or both, if the court finds that:
(i) the defendant committed the violation while possessing a dangerous
weapon or caused substantial bodily harm to effect the taking;

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(ii) the defendant abused or neglected the child during the concealment,
detention, or removal of the child;
(iii) the defendant inflicted or threatened to inflict physical harm on a
parent or lawful custodian of the child or on the child with intent to cause the
parent or lawful custodian to discontinue criminal prosecution;
(iv) the defendant demanded payment in exchange for return of the child
or demanded to be relieved of the financial or legal obligation to support the
child in exchange for return of the child; or
(v) the defendant has previously been convicted under this section or a
similar statute of another jurisdiction.
(b) A violation of subdivision 1, clause (7), is a gross misdemeanor. The
county attorney shall prosecute violations of subdivision 1, clause (7).
Subd. 7. Reporting of deprivation of parental rights. Any violation of
this section shall be reported pursuant to section 260E.11, subdivision 2.

609.265 ABDUCTION.
Whoever, for the purpose of marriage, takes a person under the age of 18
years, without the consent of the parents, guardian or other person having
legal custody of such person is guilty of abduction 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.

CRIMES AGAINST UNBORN CHILDREN

609.266 DEFINITIONS.
The definitions in this section apply to sections 609.2114, subdivisions 1
and 2, and 609.2661 to 609.2691:
(a) "Unborn child" means the unborn offspring of a human being
conceived, but not yet born.
(b) "Whoever" does not include the pregnant woman.

609.2661 MURDER OF UNBORN CHILD IN THE FIRST

DEGREE.
Whoever does any of the following is guilty of murder of an unborn child
in the first degree and must be sentenced to imprisonment for life:
(1) causes the death of an unborn child with premeditation and with intent
to effect the death of the unborn child or of another;
(2) causes the death of an unborn child while committing or attempting to
commit criminal sexual conduct in the first or second degree with force or
violence, either upon or affecting the mother of the unborn child or another; or
(3) causes the death of an unborn child with intent to effect the death of
the unborn child or another while committing or attempting to commit burglary,
aggravated robbery, kidnapping, arson in the first or second degree, tampering
with a witness in the first degree, or escape from custody.

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609.2662 MURDER OF UNBORN CHILD IN THE SECOND
DEGREE.
Whoever does either of the following is guilty of murder of an unborn child
in the second degree and may be sentenced to imprisonment for not more
than 40 years:
(1) causes the death of an unborn child with intent to effect the death of
that unborn child or another, but without premeditation; or
(2) causes the death of an unborn child, without intent to effect the death
of any unborn child or person, while committing or attempting to commit a
felony offense other than criminal sexual conduct in the first or second degree
with force or violence.

609.2663 MURDER OF UNBORN CHILD IN THE THIRD

DEGREE.
Whoever, without intent to effect the death of any unborn child or person,
causes the death of an unborn child by perpetrating an act eminently
dangerous to others and evincing a depraved mind, without regard for human
or fetal life, is guilty of murder of an unborn child in the third degree and may
be sentenced to imprisonment for not more than 25 years.

609.2664 MANSLAUGHTER OF UNBORN CHILD IN THE FIRST

DEGREE.
Whoever does any of the following is guilty of manslaughter of an unborn
child in the first degree and may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $30,000, or both:
(1) intentionally causes the death of an unborn child in the heat of passion
provoked by such words or acts of another as would provoke a person of
ordinary self-control under like circumstances;
(2) causes the death of an unborn child in committing or attempting to
commit a misdemeanor or gross misdemeanor offense with such force or
violence that death of or great bodily harm to any person or unborn child was
reasonably foreseeable, and murder of an unborn child in the first or second
degree was not committed thereby; or
(3) intentionally causes the death of an unborn child because the actor is
coerced by threats made by someone other than the actor's coconspirator and
which cause the actor to reasonably believe that the act performed by the actor
is the only means of preventing imminent death to the actor or another.

609.2665 MANSLAUGHTER OF UNBORN CHILD IN THE

SECOND DEGREE.
A person who causes the death of an unborn child by any of the following
means is guilty of manslaughter of an unborn child in the second degree 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:
(1) by the actor's culpable negligence whereby the actor creates an
unreasonable risk and consciously takes chances of causing death or great
bodily harm to an unborn child or a person;

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(2) by shooting the mother of the unborn child with a firearm or other
dangerous weapon as a result of negligently believing her to be a deer or other
animal;
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous
weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the
person to have vicious propensities or to have caused great or substantial
bodily harm in the past, to run uncontrolled off the owner's premises, or
negligently failing to keep it properly confined.
If proven by a preponderance of the evidence, it shall be an affirmative
defense to criminal liability under clause (4) that the mother of the unborn child
provoked the animal to cause the unborn child's death.

609.267 ASSAULT OF UNBORN CHILD IN THE FIRST DEGREE.

Whoever assaults a pregnant woman and inflicts great bodily harm on an
unborn child who is subsequently born alive may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.

609.2671 ASSAULT OF UNBORN CHILD IN THE SECOND

DEGREE.
Whoever assaults a pregnant woman and inflicts substantial bodily harm
on an unborn child who is subsequently born alive 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.
As used in this section, "substantial bodily harm" includes the birth of the
unborn child prior to 37 weeks gestation if the child weighs 2,500 grams or
less at the time of birth. "Substantial bodily harm" does not include the
inducement of the unborn child's birth when done for bona fide medical
purposes.

609.2672 ASSAULT OF UNBORN CHILD IN THE THIRD

DEGREE.
Whoever does any of the following commits an assault of an unborn child
in the third degree and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in a pregnant woman of
immediate bodily harm or death to the unborn child; or
(2) intentionally inflicts or attempts to inflict bodily harm on an unborn child
who is subsequently born alive.

609.268 INJURY OR DEATH OF UNBORN CHILD IN

COMMISSION OF CRIME.
Subdivision 1. Death of unborn child. Whoever, in the commission of
a felony or in a violation of section 609.224, 609.2242, 609.23, 609.231,
609.2325, or 609.233, causes the death of an unborn child is guilty of a felony
and may be sentenced to imprisonment for not more than 15 years or to
payment of a fine not more than $30,000, or both. As used in this subdivision,

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"felony" does not include a violation of sections 609.185 to 609.21, 609.221 to
609.2231, or 609.2661 to 609.2665.
Subd. 2. Injury to unborn child. Whoever, in the commission of a felony
or in a violation of section 609.23, 609.231, 609.2325 or 609.233, causes great
or substantial bodily harm to an unborn child who is subsequently born alive,
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. As used
in this subdivision, "felony" does not include a violation of sections 609.21,
609.221 to 609.2231, or 609.267 to 609.2672.

609.269 EXCEPTION.
Sections 609.2661 to 609.268 do not apply to any act described in section
145.412.

609.2691 OTHER CONVICTIONS NOT BARRED.

Notwithstanding section 609.04, a prosecution for or conviction under
sections 609.2661 to 609.268 is not a bar to conviction of or punishment for
any other crime committed by the defendant as part of the same conduct.

CRIMES OF COMPULSION

609.27 COERCION.
Subdivision 1. Acts constituting. Whoever orally or in writing makes
any of the following threats and thereby causes another against the other's will
to do any act or forbear doing a lawful act is guilty of coercion and may be
sentenced as provided in subdivision 2:
(1) A threat to unlawfully inflict bodily harm upon, or hold in confinement,
the person threatened or another, when robbery or attempt to rob is not
committed thereby; or
(2) A threat to unlawfully inflict damage to the property of the person
threatened or another; or
(3) A threat to unlawfully injure a trade, business, profession, or calling;
or
(4) A threat to expose a secret or deformity, publish a defamatory
statement, or otherwise to expose any person to disgrace or ridicule; or
(5) A threat to make or cause to be made a criminal charge, whether true
or false; provided, that a warning of the consequences of a future violation of
law given in good faith by a peace officer or prosecuting attorney to any person
shall not be deemed a threat for the purposes of this section.
(6) a threat to commit a violation under section 617.261.
Subd. 2. Sentence. Whoever violates subdivision 1 may be sentenced
as follows:
(1) To imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both if neither the pecuniary gain received by the
violator nor the loss suffered by the person threatened or another as a result
of the threat exceeds $300, or the benefits received or harm sustained are not
susceptible of pecuniary measurement; or

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(2) To imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if such pecuniary gain or loss is more than
$300 but less than $2,500; or
(3) To imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both, if such pecuniary gain or loss is $2,500, or
more.

609.275 ATTEMPT TO COERCE.

Whoever makes a threat within the meaning of section 609.27,
subdivision 1, clauses (1) to (6), but fails to cause the intended act or
forbearance, commits an attempt to coerce and may be punished as provided
in section 609.17.

609.28 INTERFERING WITH RELIGIOUS OBSERVANCE.

Subdivision 1. Interference. Whoever, by threats or violence,
intentionally prevents another person from performing any lawful act enjoined
upon or recommended to the person by the religion which the person
professes is guilty of a misdemeanor.
Subd. 2. Physical interference prohibited. A person is guilty of a gross
misdemeanor who intentionally and physically obstructs any individual's
access to or egress from a religious establishment. This subdivision does not
apply to the exclusion of a person from the establishment at the request of an
official of the religious organization.
Subd. 3. Definition. For purposes of subdivision 2, a "religious
establishment" is a building used for worship services by a religious
organization and clearly identified as such by a posted sign or other means.

SEXUAL AND LABOR TRAFFICKING CRIMES

609.281 DEFINITIONS.
Subdivision 1. Generally. As used in sections 609.281 to 609.284, the
following terms have the meanings given.
Subd. 2. Blackmail. “Blackmail” means a threat to expose any fact or
alleged fact tending to cause shame or to subject any person to hatred,
contempt, or ridicule.
Subd. 3. Debt bondage. “Debt bondage” means the status or condition
of a debtor arising from a pledge by the debtor of the debtor’s personal
services or those of a person under the debtor’s control as a security for debt,
if the value of those services as reasonably assessed is not applied toward
the liquidation of the debt or the length and nature of those services are not
respectively limited and defined.
Subd. 4. Forced labor or services. “Forced labor or services” means
labor or services that are performed or provided by another person and are
obtained or maintained through an actor’s:
(1) threat, either implicit or explicit, scheme, plan, or pattern, or other
action intended to cause a person to believe that, if the person did not perform
or provide the labor or services, that person or another person would suffer
bodily harm or physical restraint:
(2) physically restraining or threatening to physically restrain a person;

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 (3) abuse or threatened abuse of the legal process;
(4) knowingly destroying, concealing, removing, confiscating, or
possessing any actual or purported passport or other immigration document,
or any other actual or purported government identification document, of
another person; or
(5) use of blackmail.
Subd. 5. Labor trafficking. “Labor trafficking” means:
(1) the recruitment, transportation, transfer, harboring, enticement,
provision, obtaining, or receipt of a person by any means, for the purpose of:
(i) debt bondage or forced labor or services;
(ii) slavery or practices similar to slavery; or
(iii) the removal of organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know
it is derived from an act described in clause (1).
Subd. 6. Labor trafficking victim. “Labor trafficking victim” means a
person subjected to the practices in subdivision 5.

609.282 LABOR TRAFFICKING.

Subdivision 1. Individuals under age 18. Whoever knowingly engages
in the labor trafficking of an individual who is under the age of 18 is guilty of a
crime and may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $40,000, or both.
Subd. 2. Other offenses. Whoever knowingly engages in the labor
trafficking of another is guilty of a crime and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.
Subd. 3. Consent or age of victim not a defense. In a prosecution
under this section the consent or age of the victim is not a defense.

609.283 UNLAWFUL CONDUCT WITH RESPECT TO

DOCUMENTS IN FURTHERANCE OF LABOR OR SEX
TRAFFICKING.
Subdivision 1. Crime defined. Unless the person’s conduct constitutes
a violation of section 609.282, a person who knowingly destroys, conceals,
removes, confiscates, or possesses any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person:
(1) in the course of a violation of section 609.282 or 609.322;
(2) with intent to violate section 609.282 or 609.322; or
(3) to prevent or restrict or to attempt to prevent or restrict, without lawful
authority, a person’s liberty to move or travel, in order to maintain the labor or
services of that person, when the person is or has been a victim of a violation
of section 609.282 or 609.322; is guilty of a crime and may be sentenced as
provided in subdivision 2.
Subd. 2. Penalties. A person who violates subdivision 1 may be
sentenced as follows:
(1) if the crime involves a victim under the age of 18, to imprisonment for
not more than ten years or to payment of a fine of $20,000, or both; or

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(2) in other cases, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
Subd. 3. Consent or age of victim not a defense. In a prosecution
under this section the consent or age of the victim is not a defense.

609.284 LABOR OR SEX TRAFFICKING CRIMES; DEFENSES;

CIVIL LIABILITY; CORPORATE LIABILITY.
Subdivision 1. Consent or age of victim not a defense. In an action
under this section the consent or age of the victim is not a defense.
Subd. 2. Civil Liability. A labor trafficking victim may bring a cause of
action against a person who violates section 609.282 or 609.283. The court
may award damages, including punitive damages, reasonable attorney fees,
and other litigation costs reasonably incurred by the victim. This remedy is in
addition to potential criminal liability.
Subd. 3. Corporate liability. If a corporation or other business enterprise
is convicted of violating section 609.282, 609.283, or 609.322, in addition to
the criminal penalties described in those sections and other remedies provided
elsewhere in law, the court may, when appropriate:
(1) order its dissolution or reorganization;
(2) order the suspension or revocation of any license, permit, or prior
approval granted to it by a state agency; or
(3) order the surrender of its charter if it is organized under Minnesota law
or the revocation of its certificate to conduct business in Minnesota if it is not
organized under Minnesota law.

SEX CRIMES

609.293 SODOMY.
Subdivision 1. Definition. "Sodomy" means carnally knowing any
person by the anus or by or with the mouth.
Subd. 2. Repealed, 1977 c 130 s 10
Subd. 3. Repealed, 1977 c 130 s 10
Subd. 4. Repealed, 1977 c 130 s 10
Subd. 5. Consensual acts. Whoever, in cases not coming within the
provisions of sections 609.342 or 609.344, voluntarily engages in or submits
to an act of sodomy with another 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.

609.294 BESTIALITY.
Whoever carnally knows a dead body or an animal or bird is guilty of
bestiality, which is a misdemeanor. If knowingly done in the presence of
another the person 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.

609.31 LEAVING STATE TO EVADE ESTABLISHMENT OF

PATERNITY.
Whoever with intent to evade proceedings to establish his paternity leaves
the state knowing that a woman with whom he has had sexual intercourse is

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pregnant or has given birth within the previous 60 days to a living child may
be sentenced to imprisonment for not more than two years or to payment of a
fine of not more than $4,000, or both.

609.321 PROSTITUTION AND SEX TRAFFICKING;

DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 609.321 to 609.325, the
following terms have the meanings given.
Subd. 2. Business of prostitution. "Business of prostitution" means any
arrangement between or organization of two or more persons, acting other
than as prostitutes or patrons, who commit acts punishable under sections
609.321 to 609.324.
Subd. 3. Repealed, 1998 c 367 a 2 s 33
Subd. 4. Patron. "Patron" means an individual who engages in
prostitution by hiring, offering to hire, or agreeing to hire another individual to
engage in sexual penetration or sexual contact.
Subd. 5. Place of prostitution. "Place of prostitution" means a house or
other place where prostitution is practiced.
Subd. 6. Repealed, 1998 c 367 a 2 s 33
Subd. 7. Promotes the prostitution of an individual. "Promotes the
prostitution of an individual" means any of the following wherein the person
knowingly:
(1) solicits or procures patrons for a prostitute;
(2) provides, leases or otherwise permits premises or facilities owned or
controlled by the person to aid the prostitution of an individual;
(3) owns, manages, supervises, controls, keeps or operates, either alone
or with others, a place of prostitution to aid the prostitution of an individual;
(4) owns, manages, supervises, controls, operates, institutes, aids or
facilitates, either alone or with others, a business of prostitution to aid the
prostitution of an individual;
(5) admits a patron to a place of prostitution to aid the prostitution of an
individual; or
(6) transports an individual from one point within this state to another
point either within or without this state, or brings an individual into this state to
aid the prostitution of the individual.
Subd. 7a. Sex trafficking. “Sex trafficking” means:
(1) receiving, recruiting, enticing, harboring, providing, or obtaining by any
means an individual to aid in the prostitution of the individual; or
(2) receiving profit or anything of value, knowing or having reason to know
it is derived from an act described in clause (1).
Subd. 7b. Sex trafficking victim. “Sex trafficking victim” means a person
subjected to the practices in subdivision 7a.
Subd. 8. Prostitute. "Prostitute" means an individual who engages in
prostitution by being hired, offering to be hired, or agreeing to be hired by
another individual to engage in sexual penetration or sexual contact.
Subd. 9. Prostitution. "Prostitution" means hiring, offering to hire, or
agreeing to hire another individual to engage in sexual penetration or sexual
contact, or being hired, offering to be hired, or agreeing to be hired by another
individual to engage in sexual penetration or sexual contact.

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Subd. 10. Sexual contact. "Sexual contact" means any of the following
acts, if the acts can reasonably be construed as being for the purpose of
satisfying the actor's sexual impulses:
(i) The intentional touching by an individual of a prostitute's intimate parts;
or
(ii) The intentional touching by a prostitute of another individual's intimate
parts.
Subd. 11. Sexual penetration. "Sexual penetration" means any of the
following acts, if for the purpose of satisfying sexual impulses: sexual
intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion however
slight into the genital or anal openings of an individual's body by any part of
another individual's body or any object used for the purpose of satisfying
sexual impulses. Emission of semen is not necessary.
Subd. 12. Public place. A "public place" means a public street or
sidewalk, a pedestrian skyway system as defined in section 469.125,
subdivision 4, a hotel, motel, steam room, sauna, massage parlor, shopping
mall and other public shopping areas, or other place of public accommodation,
a place licensed to sell intoxicating liquor, wine, nonintoxicating malt
beverages, or food, or a motor vehicle located on a public street, alley, or
parking lot ordinarily used by or available to the public though not used as a
matter of right and a driveway connecting such a parking lot with a street or
highway.
Subd. 13. Place of public accommodation. “Place of public
accommodation” means a business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether
licensed or not, whose goods, services, facilities, privileges, advantages, or
accommodations are extended, offered, sold, or otherwise made available to
the public.
Subd. 14. Prior qualified human trafficking-related offense. A “prior
qualified human trafficking-related offense” means a conviction or delinquency
adjudication within the ten years from the discharge from probation or parole
immediately preceding the current offense for a violation of or an attempt to
violate section 609.322, subdivision 1 (solicitation, inducement, and promotion
of prostitution; sex trafficking in the first degree); 609.322, subdivision 1a
(solicitation, inducement, and promotion of prostitution; sex trafficking in the
second degree); 609.282 (labor trafficking); or 609.283 (unlawful conduct with
respect to documents in the furtherance of labor or sex trafficking).

609.322 SOLICITATION, INDUCEMENT AND PROMOTION OF

PROSTITUTION; SEX TRAFFICKING.
Subdivision 1. Solicitation, inducement, and promotion of
prostitution; sex trafficking in the first degree. (a) Whoever, while acting
other than as a prostitute or patron, intentionally does any of the following may
be sentenced to imprisonment for not more than 25 years or to payment of a
fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice
prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;

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 (3) receives profit, knowing or having reason to know that it is derived from
the prostitution, or the promotion of the prostitution, of an individual under the
age of 18 years; or
(4) engages in the sex trafficking of an individual under the age of 18
years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced
to imprisonment for not more than 30 years or to payment of a fine of not more
than $60,000, or both, if one or more of the following aggravating factors are
present:
(1) the offender has committed a prior qualified human trafficking-related
offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm
during the commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage
or forced labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
Subd. 1a. Solicitation, inducement, and promotion of prostitution;
sex trafficking in the second degree. Whoever, while acting other than as
a prostitute or patron, intentionally does any of the following may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more
than $40,000, or both:
(1) solicits or induces an individual to practice prostitution;
(2) promotes the prostitution of an individual;
(3) receives profit, knowing or having reason to know that it is derived from
the prostitution, or the promotion of the prostitution, of an individual; or
(4) engages in the sex trafficking of an individual.
Subd 1b. Exceptions. Subdivisions 1, clause (3), and 1a, clause (3), do
not apply to:
(1) a minor who is dependent on an individual acting as a prostitute and
who may have benefitted from or been supported by the individual’s earnings
derived from prostitution; or
(2) a parent over the age of 55 who is dependent on an individual acting
as a prostitute, who may have benefitted from or been supported by the
individual’s earnings derived from prostitution, and who did not know that the
earnings were derived from prostitution; or
(3) the sale of goods or services to a prostitute in the ordinary course of a
lawful business.
Subd. 1c. Aggregation of cases. Acts by the defendant in violation of
any one or more of the provisions in this section within any six-month period
may be aggregated and the defendant charged accordingly in applying the
provisions of this section; provided that when two or more offenses are
committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all
of the offenses aggregated under this subdivision.
Subd. 2. Repealed, 1998 c 367 a 2 s 33
Subd. 3. Repealed, 1998 c 367 a 2 s 33

609.323 Repealed, 1998 c 367 a 2 s 33

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609.3232 PROTECTIVE ORDER AUTHORIZED;

PROCEDURES; PENALTIES.
Subdivision 1. Order for protection. Any parent or guardian who knows
or has reason to believe that a person, while acting as other than a prostitute
or patron, is inducing, coercing, soliciting, or promoting the prostitution of the
parent or guardian's minor child, or is offering or providing food, shelter, or
other subsistence for the purpose of enabling the parent or guardian's minor
child to engage in prostitution, may seek an order for protection in the manner
provided in this section.
Subd. 2. Court jurisdiction. An application for relief under this section
shall be filed in the juvenile court. Actions under this section shall be given
docket priority by the court.
Subd. 3. Contents of petition. A petition for relief shall allege the
existence of a circumstance or circumstances described in subdivision 1, and
shall be accompanied by an affidavit made under oath stating the specific facts
and circumstances from which relief is sought. The court shall provide
simplified forms and clerical assistance to help with the writing and filing of a
petition under this section.
Subd. 4. Hearing on application; notice. (a) Upon receipt of the
petition, the court shall order a hearing which shall be held no later than 14
days from the date of the order. Personal service shall be made upon the
respondent not less than five days before the hearing. In the event that
personal service cannot be completed in time to give the respondent the
minimum notice required under this paragraph, the court may set a new
hearing date.
(b) Notwithstanding the provisions of paragraph (a), service may be made
by one week published notice, as provided under section 645.11, provided the
petitioner files with the court an affidavit stating that an attempt at personal
service made by a sheriff was unsuccessful because the respondent is
avoiding service by concealment or otherwise, and that a copy of the petition
and notice of hearing has been mailed to the respondent at the respondent's
residence or that the residence is not known to the petitioner. Service under
this paragraph is complete seven days after publication. The court shall set a
new hearing date if necessary to allow the respondent the five-day minimum
notice required under paragraph (a).
Subd. 5. Relief by the court. Upon notice and hearing, the court may
order the respondent to return the minor child to the residence of the child's
parents or guardian, and may order that the respondent cease and desist from
committing further acts described in subdivision 1 and cease to have further
contact with the minor child. Any relief granted by the court in the order for
protection shall be for a fixed period of time determined by the court.
Subd. 6. Service of order. Any order issued under this section shall be
served personally on the respondent. Upon the request of the petitioner, the
court shall order the sheriff to assist in the execution or service of the order for
protection.
Subd. 7. Violation of order for protection. (a) A violation of an order
for protection shall constitute contempt of court and be subject to the penalties
provided under chapter 588.
(b) Any person who willfully fails to return a minor child as required by an
order for protection issued under this section commits an act which manifests

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an intent substantially to deprive the parent or guardian of custodial rights
within the meaning of section 609.26, clause (3).

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS

ENGAGED IN PROSTITUTION; PENALTIES.
Subdivision 1. Engaging in, hiring, or agreeing to hire minor to
engage in prostitution; penalties. (a) Whoever intentionally does any of the
following may be sentenced to imprisonment for not more than 20 years or to
payment of a fine of not more than $40,000, or both:
(1) engages in prostitution with an individual under the age of 14 years;
(2) hires or offers or agrees to hire an individual under the age of 14 years
to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably
believes to be under the age of 14 years to engage in sexual penetration or
sexual contact.
(b) Whoever intentionally does any of the following 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:
(1) engages in prostitution with an individual under the age of 16 years
but at least 14 years;
(2) hires or offers or agrees to hire an individual under the age of 16 years
but at least 14 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably
believes to be under the age of 16 years but at least 14 years to engage in
sexual penetration or sexual contact.
(c) Whoever intentionally does any of the following 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) engages in prostitution with an individual under the age of 18 years
but at least 16 years;
(2) hires or offers or agrees to hire an individual under the age of 18 years
but at least 16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably
believes to be under the age of 18 years but at least 16 years to engage in
sexual penetration or sexual contact.
Subd. 1a. Housing unrelated minor engaged in prostitution;
penalties. Any person, other than one related by blood, adoption, or marriage
to the minor, who permits a minor to reside, temporarily or permanently, in the
person's dwelling without the consent of the minor's parents or guardian,
knowing or having reason to know that the minor is engaging in prostitution
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; except that, this subdivision does
not apply to residential placements made, sanctioned, or supervised by a
public or private social service agency.
Subd. 2. Patrons of prostitution; penalty. (a) Whoever, while acting as
a patron, intentionally does any of the following is guilty of a gross
misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or

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(2) hires, offers to hire, or agrees to hire an individual 18 years of age or

older to engage in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of
violating this subdivision must, at a minimum, be sentenced to pay a fine of at
least $1,500.
(b) Whoever violates the provisions of this subdivision within ten years of
a previous conviction for violating this section or section 609.322 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.
Subd. 3. Repealed, 2021 c 11 a 2 s 57.
Subd. 4. Community service in lieu of minimum fine. The court may
order a person convicted of violating subdivision 2 to perform community work
service in lieu of all or a portion of the minimum fine required under those
Subdivisions if the court makes specific, written findings that the convicted
person is indigent or that payment of the fine would create undue hardship for
the convicted person or that person's immediate family. Community work
service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.
Subd. 5. Use of motor vehicle to patronize prostitutes; driving
record notation. (a) When a court sentences a person convicted of violating
this section while acting as a patron, the court shall determine whether the
person used a motor vehicle during the commission of the offense and
whether the person has previously been convicted of violating this section or
section 609.322. If the court finds that the person used a motor vehicle during
the commission of the offense, it shall forward its finding along with an
indication of whether the person has previously been convicted of a
prostitution offense to the commissioner of public safety who shall record the
finding on the person's driving record. Except as provided in paragraph (b),
the finding is classified as private data on individuals, as defined in section
13.02, subdivision 12, but is accessible for law enforcement purposes.
(b) If the person has previously been convicted of a violation of this section
or section 609.322, the finding is public data.
Subd. 6. Prostitution in public places; penalty for prostitutes.
Whoever, while acting as a prostitute, intentionally does any of the following
while in a public place is guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) is hired, offers to be hired, or agrees to be hired by an individual 18
years of age or older to engage in sexual penetration or sexual contact.
Subd. 7. General prostitution crimes; penalties for prostitutes.
Whoever, while acting as a prostitute, intentionally does any of the following
is guilty of a misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) is hired, offers to be hired, or agrees to be hired by an individual 18
years of age or older to engage in sexual penetration or sexual contact.
(b) Whoever violates the provision of this subdivision within two years of
a previous prostitution conviction for violating this section or section 609.322
is guilty of a gross misdemeanor.

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609.3241 PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult convicted of violating section 609.27,
609.282, 609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or
617.293, while acting other than as a prostitute, the court shall impose an
assessment of not less than $500 and not more than $750 for a misdemeanor
violation of section 609.27, a violation of section 609.324, subdivision 2, a
violation of section 609.33, or a violation of section 617.293; otherwise the
court shall impose an assessment of not less than $750 and not more than
$1,000. The assessment shall be distributed as provided in paragraph (c) and
is in addition to the surcharge required by section 357.021, subdivision 6.
(b) The court may not waive payment of the minimum assessment
required by this section. If the defendant qualifies for the services of a public
defender or the court finds on the record that the convicted person is indigent
or that immediate payment of the assessment would create undue hardship
for the convicted person or that person's immediate family, the court may
reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as
follows:
(1) 40 percent of the assessment shall be forwarded to the political
subdivision that employs the arresting officer for use in enforcement, training,
and education activities related to combating sexual exploitation of youth, or if
the arresting officer is an employee of the state, this portion shall be forwarded
to the commissioner of public safety for those purposes identified in clause
(3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting
agency that handled the case for use in training and education activities
relating to combating sexual exploitation activities of youth; and
(3) 40 percent of the assessment must be forwarded to the commissioner
of health to be deposited in the safe harbor for youth account in the special
revenue fund and are appropriated to the commissioner for distribution to
crime victims services organizations that provide services to sexually exploited
youth, as defined in section 260C.007, subdivision 31.
(d) A safe harbor for youth account is established as a special account in
the state treasury.

609.3242 PROSTITUTION CRIMES COMMITTED IN SCHOOL

OR PARK ZONES; INCREASED PENALTIES.
Subdivision 1. Definitions. As used in this section:
(1) “park zone” has the meaning given in section 152.01, subdivision 12a;
and
(2) “school zone” has the meaning given in section 152.01, subdivision
14a, and also includes school bus stops established by a school board under
section 123B.88, while school children are waiting for the bus.
Subd. 2. Increased penalties. Any person who commits a violation of
section 609.324 while acting other than as a prostitute while in a school or
park zone may be sentenced as follows:
(1) if the crime committed is a felony, the statutory maximum for the crime
is three years longer than the statutory maximum for the underlying crime;

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(2) if the crime committed is a gross misdemeanor, the person is guilty of

a felony and may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both; and
(3) if the crime committed is a misdemeanor, the person is guilty of a gross
misdemeanor.

609.3243 LOITERING WITH INTENT TO PARTICIPATE IN

PROSTITUTION.
A person who loiters in a public place with intent to participate in
prostitution is guilty of a misdemeanor.

609.325 DEFENSES.

Subdivision 1. No defense; solicited; not engaged. It shall be no

defense to a prosecution under section 609.322 that an individual solicited or
induced to practice prostitution or whose prostitution was promoted, did not
actually engage in prostitution.
Subd. 2. Consent no defense. Consent or mistake as to age shall be no
defense to prosecutions under section 609.322 or 609.324.
Subd. 3. No defense; prior prostitution. It shall be no defense to
actions under section 609.322 that the individual solicited or induced to
practice prostitution, or whose prostitution was promoted, had engaged in
prostitution prior to that solicitation, inducement, or promotion.
Subd. 3a No defense; undercover operative. The fact that an
undercover operative or law enforcement officer was involved in the detection
or investigation of an offense shall not be a defense to a prosecution under
section 609.324.
Subd. 4. Affirmative defense. It is an affirmative defense to a charge
under section 609.324, subdivision 6 or 7, if the defendant proves by a
preponderance of the evidence that the defendant is a labor trafficking victim,
as defined in section 609.281, or a sex trafficking victim, as defined in section
609.321, and that the defendant committed the acts underlying the charge as
a result of being a labor trafficking or sex trafficking victim.

609.326 EVIDENCE.
The marital privilege provided for in section 595.02 shall not apply in any
proceeding under section 609.322.

609.33 DISORDERLY HOUSE.

Subdivision 1. Definition. For the purpose of this section, "disorderly
house" means a building, dwelling, place, establishment, or premises in which
actions or conduct habitually occur in violation of laws relating to:
(1) the sale of intoxicating liquor or 3.2 percent malt liquor;
(2) gambling;
(3) prostitution as defined in section 609.321, subdivision 9, or acts
relating to prostitution; or
(4) the sale or possession of controlled substances as defined in section
152.01, subdivision 4.

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 Subd. 2. Prohibiting owning or operating a disorderly house. No
person may own, lease, operate, manage, maintain, or conduct a disorderly
house, or invite or attempt to invite others to visit or remain in the disorderly
house. A violation of this subdivision is a gross misdemeanor.
Subd. 3. Mandatory minimum penalties. (a) If a person is convicted of
a first violation of subdivision 2, in addition to any sentence of imprisonment
authorized by subdivision 2 which the court may impose, the court shall
impose a fine of not less than $300 nor more than $3,000.
(b) If a person is convicted of a second violation of subdivision 2, in
addition to any sentence of imprisonment authorized by subdivision 2 which
the court may impose, the court shall impose a fine of not less than $500 nor
more than $3,000.
(c) If a person is convicted of a third or subsequent violation of
subdivision 2, in addition to any sentence of imprisonment authorized by
subdivision 2 which the court may impose, the court shall impose a fine of not
less than $1,000 nor more than $3,000.
Subd. 4. Evidence. Evidence of unlawful sales of intoxicating liquor or
3.2 percent malt liquor, of unlawful possession or sale of controlled
substances, of prostitution or acts relating to prostitution, or of gambling or
acts relating to gambling, is prima facie evidence of the existence of a
disorderly house. Evidence of sales of intoxicating liquor or 3.2 percent malt
liquor between the hours of 1:00 a.m. and 8:00 a.m., while a person is within
a disorderly house, is prima facie evidence that the person knew it to be a
disorderly house.
Subd. 5. Local regulation. Subdivisions 1 to 4 do not prohibit or restrict
a local governmental unit from imposing more restrictive provisions.
Subd. 6. Pretrial release. When a person is charged under this section
with owning or leasing a disorderly house, the court may require as a condition
of pretrial release that the defendant bring an eviction action against a lessee
who has violated the covenant not to allow drugs established by section
504B.171.

609.34 FORNICATION.
When any man and a single woman have sexual intercourse with each
other, each is guilty of fornication, which is a misdemeanor.

609.341 DEFINITIONS. AMENDED

Subd. 1. Scope. For the purposes of sections 609.341 to 609.351, the
terms in this section have the meanings given them.
Subd. 2. Actor. "Actor" means a person accused of criminal sexual
conduct.
Subd. 3. Force. "Force" means either: (1) the infliction by the actor of
bodily hard; or (2) the attempted infliction, or threatened infliction by the actor
of bodily harm or commission or threat of any other crime by the actor against
the complainant or another, which causes the complainant to reasonably
believe that the actor has the present ability to execute the threat.
Subd. 4. Consent. (a) "Consent" means words or overt actions by a
person indicating a freely given present agreement to perform a particular
sexual act with the actor. Consent does not mean the existence of a prior or

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current social relationship between the actor and the complainant or that the
complainant failed to resist a particular sexual act.
(b) A person who is mentally incapacitated or physically helpless as
defined by this section cannot consent to a sexual act.
(c) Corroboration of the victim's testimony is not required to show lack of
consent.
Subd. 5. Intimate parts. "Intimate parts" includes the primary genital
area, groin, inner thigh, buttocks, or breast of a human being.
Subd. 6. Mentally Impaired. "Mentally impaired" means that a person,
as a result of inadequately developed or impaired intelligence or a substantial
psychiatric disorder of thought or mood, lacks the judgment to give a reasoned
consent to sexual contact or to sexual penetration.
Subd. 7. Mentally Incapacitated. "Mentally incapacitated" means: (1)
that a person under the influence of alcohol, a narcotic, anesthetic, or any
other substance, administered to that person without the person's agreement,
lacks the judgment to give a reasoned consent to sexual contact or sexual
penetration; or
(2) that a person is under the influence of any substance or substances to
a degree that renders them incapable of consenting or incapable of
appreciating, understanding, or controlling the person's conduct.
Subd. 8. Personal injury. "Personal injury" means bodily harm as
defined in section 609.02, subdivision 7, or severe mental anguish or
pregnancy.
Subd. 9. Physically helpless. "Physically helpless" means that a person
is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw
consent because of a physical condition, or (c) unable to communicate
nonconsent and the condition is known or reasonably should have been
known to the actor.
Subd. 10. Current or recent position of authority. "Current or recent
position of authority" includes but is not limited to any person who is a parent
or acting in the place of a parent and charged with or assumes any of a
parent's rights, duties or responsibilities to a child, or a person who is charged
with or assumes any duty or responsibility for the health, welfare, or
supervision of a child, either independently or through another, no matter how
brief, at the time of or within 120 days immediately preceding the act. For the
purposes of subdivision 11, "current or recent position of authority" includes a
psychotherapist.
Subd. 11. Sexual contact. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (e), and subdivision 1a, clauses
(a) to (f) and (i), and 609.345, subdivision 1, clauses (a) to (d), and (i), and
subdivision 1a, clauses (a) to (e), (h), and (i), includes any of the following acts
committed without the complainant's consent, except in those cases where
consent is not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts,
or
(ii) the touching by the complainant of the actor's, the complainant's, or
another's intimate parts effected by a person in a current or recent position of
authority, or by coercion, or by inducement if the complainant is under 14 years
of age or mentally impaired, or

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 (iii) the touching by another of the complainant's intimate parts effected by
coercion or by a person in a current or recent position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the
immediate area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the
complainant’s body or the clothing covering the complainant’s body.
(b) "Sexual contact," for the purposes of sections 609.343, subdivision
1a, clauses (g) and (h), 609.345, subdivision 1a, clauses (f) and (g), and
609.3458, includes any of the following acts committed with sexual or
aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate
parts;
(ii) the touching by the complainant of the actor's, the complainant's, or
another's intimate parts;
(iii) the touching by another of the complainant's intimate parts;
(iv) in any of the cases listed above, touching of the clothing covering the
immediate area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the
complainant’s body or the clothing covering the complainant’s body.
(c) "Sexual contact with a person under 14" means the intentional
touching of the complainant's bare genitals or anal opening by the actor's bare
genitals or anal opening with sexual or aggressive intent or the touching by
the complainant's bare genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
Subd. 12. Sexual Penetration. "Sexual penetration" means any of the
following acts committed without the complainant's consent, except in those
cases where consent is not a defense, whether or not emission of semen
occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object
used by the actor for this purpose;
(ii) of the complainant's body by any part of the body of the complainant,
by any part of the body of another person, or by any object used by the
complainant or another person for this purpose, when effected by a person in
a current or recent position of authority, or by coercion, or by inducement if the
child is under 14 years of age or mentally impaired; or
(iii) of the body of the actor or another person by any part of the body of
the complainant or by any object used by the complainant for this purpose,
when effected by a person in a current or recent position of authority, or by
coercion, or by inducement if the child is under 14 years of age or mentally
impaired.
Subd. 13. Complainant. "Complainant" means a person alleged to have
been subjected to criminal sexual conduct, but need not be the person who
signs the complaint.
Subd. 14. Coercion. "Coercion" means the use by the actor of words
or circumstances that cause the complainant reasonably to fear that the
infliction of bodily harm upon the complainant or another, or the use by the
actor of confinement, or superior size or strength, against the complainant that

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causes the complainant to accomplish the act. Proof of coercion does not
require proof of a specific act or threat.
Subd. 15. Significant relationship. "Significant relationship" means a
situation in which the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related to the complainant by blood,
marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin,
aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle,
great-aunt;
(3) an adult who jointly resides intermittently or regularly in the same
dwelling as the complainant and who is not the complainant's spouse; or
(4) an adult who is or was involved in a significant romantic or sexual
relationship with the parent of a complainant.
Subd. 16. Patient. "Patient" means a person who seeks or obtains
psychotherapeutic services.
Subd. 17. Psychotherapist. "Psychotherapist" means a person who is
or purports to be a physician, psychologist, nurse, physician assistant,
chemical dependency counselor, social worker, marriage and family therapist,
licensed professional counselor, or other mental health service provider; or
any other person, whether or not licensed by the state, who performs or
purports to perform psychotherapy.
Subd. 18. Psychotherapy. "Psychotherapy" means the professional
treatment, assessment, or counseling of a mental or emotional illness,
symptom, or condition.
Subd. 19. Emotionally dependent. "Emotionally dependent" means that
the nature of the former patient's emotional condition and the nature of the
treatment provided by the psychotherapist are such that the psychotherapist
knows or has reason to know that the former patient is unable to withhold
consent to sexual contact or sexual penetration by the psychotherapist.
Subd. 20. Therapeutic deception. "Therapeutic deception" means a
representation by a psychotherapist that sexual contact or sexual penetration
by the psychotherapist is consistent with or part of the patient's treatment.
Subd. 21. Special transportation. “Special transportation service”
means motor vehicle transportation provided on a regular basis by a public or
private entity or person that is intended exclusively or primarily to serve
individuals who are vulnerable adults, handicapped, or disabled. Special
transportation service includes, but is not limited to, service provided by buses,
vans, taxis, and volunteers driving private automobiles.
Subd. 22. Predatory crime. “Predatory crime” means a felony violation
of section 609.185 (first-degree murder), 609.19 (second-degree murder),
609.195 (third-degree murder), 609.20 (first-degree manslaughter), 609.205
(second-degree manslaughter), 609.221 (first-degree assault), 609.222
(second-degree assault), 609.223 (third-degree assault), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false
imprisonment), 609.498 (tampering with a witness), 609.561 (first-degree
arson), 609.582, subdivision 1 (first-degree burglary).
Subd.23. Secure treatment facility. “Secure treatment facility” has the
meaning given in sections 253B.02 subdivision 18a and 253D.02, subdivision
13.

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 Subd. 24. Prohibited occupational relationship. A "prohibited
occupational relationship" exists when the actor is in one of the following
occupations and the act takes place under the specified circumstances:
(1) the actor performed massage or other bodywork for hire, the sexual
penetration or sexual contact occurred during or immediately before or after
the actor performed or was hired to perform one of those services for the
complainant, and the sexual penetration or sexual contact was
nonconsensual; or
(2) the actor and the complainant were in one of the following occupational
relationships at the time of the act. Consent by the complainant is not a
defense:
(i) the actor was a psychotherapist, the complainant was the actor's
patient, and the sexual penetration or sexual contact occurred during a
psychotherapy session or during a period of time when the psychotherapist-
patient relationship was ongoing;
(ii) the actor was a psychotherapist and the complainant was the actor's
former patient who was emotionally dependent on the actor;
(iii) the actor was or falsely impersonated a psychotherapist, the
complainant was the actor's patient or former patient, and the sexual
penetration or sexual contact occurred by means of therapeutic deception;
(iv) the actor was or falsely impersonated a provider of medical services
to the complainant and the sexual penetration or sexual contact occurred by
means of deception or false representation that the sexual penetration or
sexual contact was for a bona fide medical purpose;
(v) the actor was or falsely impersonated a member of the clergy, the
complainant was not married to the actor, the complainant met with the actor
in private seeking or receiving religious or spiritual advice, aid, or comfort from
the actor, and the sexual penetration or sexual contact occurred during the
course of the meeting or during a period of time when the meetings were
ongoing;
(vi) the actor provided special transportation service to the complainant
and the sexual penetration or sexual contact occurred during or immediately
before or after the actor transported the complainant;
(vii) the actor was or falsely impersonated a peace officer, as defined in
section 626.84, the actor physically or constructively restrained the
complainant or the complainant did not reasonably feel free to leave the actor's
presence, and the sexual penetration or sexual contact was not pursuant to a
lawful search or lawful use of force;
(viii) the actor was an employee, independent contractor, or volunteer of
a state, county, city, or privately operated adult or juvenile correctional system,
or secure treatment facility, or treatment facility providing services to clients
civilly committed as mentally ill and dangerous, sexually dangerous persons,
or sexual psychopathic personalities, including but not limited to jails, prisons,
detention centers, or work release facilities, and the complainant was a
resident of a facility or under supervision of the correctional system;
(ix) the complainant was enrolled in a secondary school and:
(A) the actor was a licensed educator employed or contracted to provide
service for the school at which the complainant was a student;

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(B) the actor was age 18 or older and at least 48 months older than the
complainant and was employed or contracted to provide service for the
secondary school at which the complainant was a student; or
(C) the actor was age 18 or older and at least 48 months older than the
complainant, and was a licensed educator employed or contracted to provide
services for an elementary, middle, or secondary school;
(x) the actor was a caregiver, facility staff person, or person providing
services in a facility, and the complainant was a vulnerable adult who was a
resident, patient, or client of the facility who was impaired in judgment or
capacity by mental or emotional dysfunction or undue influence; or
(xi) the actor was a caregiver, facility staff person, or person providing
services in a facility, and the complainant was a resident, patient, or client of
the facility. This clause does not apply if a consensual sexual personal
relationship existed prior to the caregiving relationship or if the actor was a
personal care attendant.
Subd. 25. Caregiver. "Caregiver" has the meaning given in section
609.232, subdivision 2.
Subd. 26. Facility. "Facility" has the meaning given in section 609.232,
subdivision 3.
Subd. 27. Vulnerable adult. "Vulnerable adult" has the meaning given in
section 609.232, subdivision 11.

609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST

DEGREE.
Subdivision 1. Crime defined. A person who engages in sexual
penetration with another person is guilty of criminal sexual conduct in the first
degree if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant
to have a reasonable fear of imminent great bodily harm to the complainant or
another;
(b) the actor is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a
dangerous weapon and uses or threatens to use the weapon or article to
cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and any of the
following circumstances exist:
(i) the actor uses coercion to accomplish the act;
(ii) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(iii) the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(d) the actor uses force as defined in section 609.341, subdivision 3,
clause (1); or
(e) the actor is aided or abetted by one or more accomplices within the
meaning of section 609.05, and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant reasonably to

113
believe it to be a dangerous weapon and uses or threatens to use the weapon
or article to cause the complainant to submit;
Subd. 1a. Victim under the age of 18; crime defined.
A person who engages in penetration with anyone under 18 years of age
or sexual contact with a person under 14 years of age as defined in section
609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in
the first degree if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to
have a reasonable fear of imminent great bodily harm to the complainant or
another;
(b) the actor is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a
dangerous weapon and uses or threatens to use the weapon or article to
cause the complainant to submit;

(c) the actor causes personal injury to the complainant, and any of the
following circumstances exist:
(i) the actor uses coercion to accomplish the act;
(ii) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(iii) the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(d) the actor is aided or abetted by one or more accomplices within the
meaning of section 609.05, and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and uses or threatens to use the weapon
or article to cause the complainant to submit;
(e) the complainant is under 14 years of age and the actor is more than
36 months older than the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense;
(f) the complainant is at least 14 years of age but less than 16 years of
age and:
(i) the actor is more than 36 months older than the complainant; and
(ii) the actor is in a current or recent position of authority over the
complainant.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(g) the complainant was under 16 years of age at the time of the act and
the actor has a significant relationship to the complainant. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(h) the complainant was under 16 years of age at the time of the act, and
the actor has a significant relationship to the complainant and any of the
following circumstances exist:
(i) the actor or an accomplice used force or coercion to accomplish the
act;
(ii) the complainant suffered personal injury; or

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(iii) the sexual abuse involved multiple acts committed over an extended
period of time.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense; or
(i) the actor uses force, as defined in section 609.341, subdivision 3,
clause (1).
Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455;
or Minnesota Statutes 2004, section 609.109, a person convicted under
subdivision 1 or subdivision 1a may be sentenced to imprisonment for not
more than 30 years or to a payment of a fine of not more than $40,000, or
both.
(b) Unless a longer mandatory minimum sentence is otherwise required
by law or the Sentencing Guidelines provide for a longer presumptive
executed sentence, the court shall presume that an executed sentence of 144
months must be imposed on an offender convicted of violating this section.
Sentencing a person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional
release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required under section
609.3455; or Minnesota Statutes 2004, section 609.109, if a person is
convicted under subdivision 1a, clause (g), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been
accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the
following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the
complainant until the offender has successfully completed the treatment
program unless approved by the treatment program and the supervising
correctional agent.

609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND

DEGREE.
Subdivision 1. Crime defined. A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the second degree
if any of the following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to
have a reasonable fear of imminent great bodily harm to the complainant or
another;
(b) the actor is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a
dangerous weapon and uses or threatens to use the dangerous weapon to
cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and any of the
following circumstances exist:

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 (i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(iii) the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(d) the actor uses force as defined in section 609.341, subdivision 3,
clause (1); or
(e) the actor is aided or abetted by one or more accomplices within the
meaning of section 609.05, and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and uses or threatens to use the weapon
or article to cause the complainant to submit;
Subd. 1a. Victim under the age of 18; crime defined.
A person who engages in sexual contact with anyone under 18 years of
age is guilty of criminal sexual conduct in the second degree if any of the
following circumstances exists:
(a) circumstances existing at the time of the act cause the complainant to
have a reasonable fear of imminent great bodily harm to the complainant or
another;
(b) the actor is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a
dangerous weapon and uses or threatens to use the dangerous weapon to
cause the complainant to submit;
(c) the actor causes personal injury to the complainant, and any of the
following circumstances exist:
(i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(iii) the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(d) the actor is aided or abetted by one or more accomplices within the
meaning of section 609.05, and either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) the actor or an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and uses or threatens to use the weapon
or article to cause the complainant to submit;
(e) the complainant is under 14 years of age and the actor is more than
36 months older than the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense. In a prosecution
under this clause, the state is not required to prove that the sexual contact was
coerced;
(f) the complainant is at least 14 but less than 16 years of age and the
actor is more than 36 months older than the complainant and in a current or
recent position of authority over the complainant. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;

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(g) the complainant was under 16 years of age at the time of the sexual
contact and the actor has a significant relationship to the complainant. Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the actor has a significant relationship to the complainant, the
complainant was under 16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the
contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended
period of time.

Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense; or
(i) the actor uses force, as defined in section 609.341, subdivision 3,
clause (1).
Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455;
or Minnesota Statutes 2004, section 609.109, a person convicted under
subdivision 1 or subdivision 1a may be sentenced to imprisonment for not
more than 25 years or to a payment of a fine of not more than $35,000, or
both.
(b) Unless a longer mandatory minimum sentence is otherwise required
by law or the Sentencing Guidelines provide for a longer presumptive
executed sentence, the court shall presume that an executed sentence of 90
months must be imposed on an offender convicted of violating subdivision 1,
clause (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or
(i). Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional
release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required under section
609.3455; or Minnesota Statutes 2004, section 609.109, if a person is
convicted under subdivision 1a, clause (g), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been
accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the
following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the
complainant until the offender has successfully completed the treatment
program unless approved by the treatment program and the supervising
correctional agent.

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609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD
DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in
sexual penetration with another person is guilty of criminal sexual conduct in
the third degree if any of the following circumstances exists:
(a) the actor uses coercion to accomplish the penetration;
(b) the actor knows or has reason to know that the complainant is
mentally impaired, mentally incapacitated, or physically helpless;
(c) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(d) at the time of the act, the actor is in a prohibited occupational
relationship with the complainant.
Subd. 1a. Victim under the age of 18; crime defined.
A person who engages in sexual penetration with anyone under 18 years
of age is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:
(a) the complainant is under 14 years of age and the actor is no more than
36 months older than the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant shall be a defense;
(b) the complainant is at least 14 but less than 16 years of age and the
actor is more than 36 months older than the complainant. In any such case if
the actor is no more than 60 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the
evidence, that the actor reasonably believes the complainant to be 16 years
of age or older. In all other cases, mistake as to the complainant's age shall
not be a defense. Consent by the complainant is not a defense;
(c) the actor uses coercion to accomplish the penetration;
(d) the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the
actor is more than 48 months older than the complainant and in a current or
recent position of authority over the complainant. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the
complainant was at least 16 but under 18 years of age at the time of the sexual
penetration. Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the
complainant was at least 16 but under 18 years of age at the time of the sexual
penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the
penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended
period of time.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(h) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or

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(i) at the time of the act, the actor is in a prohibited occupational

relationship with the complainant.
Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a
person convicted under subdivision 1 or subdivision 1a may be sentenced:
(1) to imprisonment for not more than 15 years or to a payment of a fine
of not more than $30,000, or both; or
(2) if the person was convicted under subdivision 1a, paragraph (b), and
if the actor was no more than 36 months but more than 24 months older than
the complainant, to imprisonment for not more than five years or a fine of not
more than $30,000, or both. A person convicted under this section is also
subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required under section
609.3455; or Minnesota Statutes 2004, section 609.109, if a person is
convicted under subdivision 1, clause (f), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been
accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the
following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the
complainant until the offender has successfully completed the treatment
program unless approved by the treatment program and the supervising
correctional agent.

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH

DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
fourth degree if any of the following circumstances exists:
(a) the actor uses coercion to accomplish the sexual contact;
(b) the actor knows or has reason to know that the complainant is
mentally impaired, mentally incapacitated, or physically helpless;
(c) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(d) at the time of the act, the actor is in a prohibited occupational
relationship with the complainant.
Subd. 1a. Victim under the age of 18; crime defined.
A person who engages in sexual contact with anyone under 18 years of
age is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:
(a) the complainant is under 14 years of age and the actor is no more than
36 months older than the complainant. Neither mistake as to the complainant's
age or consent to the act by the complainant is a defense. In a prosecution
under this clause, the state is not required to prove that the sexual contact was
coerced;

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 (b) the complainant is at least 14 but less than 16 years of age and the
actor is more than 36 months older than the complainant or in a current or
recent position of authority over the complainant. Consent by the complainant
to the act is not a defense.
Mistake of age is not a defense unless actor is less than 60 months older.
In any such case, if the actor is no more than 60 months older than the
complainant, it shall be an affirmative defense which must be proved by a
preponderance of the evidence that the actor reasonably believes the
complainant to be 16 years of age or older. In all other cases, mistake as to
the complainant's age shall not be a defense;
(c) the actor uses coercion to accomplish the sexual contact;
(d) The actor knows or has reason to know that the complainant is
mentally impaired, mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the
actor is more than 36 months older than the complainant and in a current or
recent position of authority over the complainant. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the
complainant was at least 16 but under 18 years of age at the time of the sexual
contact. Neither mistake as to the complainant's age nor consent to the act
by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the
complainant was at least 16 but under 18 years of age at the time of the sexual
contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the
contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended
period of time.
Neither mistake as to the complainants age nor consent to the act by the
complainant is a defense;
(h) the actor uses force, as defined in section 609.341, subdivision 3,
clause (2); or
(i) at the time of the act, the actor is in a prohibited occupational
relationship with the complainant.
Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a
person convicted under subdivision 1 or subdivision 1a may be sentenced to
imprisonment for not more than ten years or to a payment of a fine of not more
than $20,000, or both. A person convicted under this section is also subject
to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required under section 609.
3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted
under subdivision 1a, clause (f), the court may stay imposition or execution of
the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been
accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the
following as conditions of probation:
(1) incarceration in a local jail or workhouse;

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(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the
complainant until the offender has successfully completed the treatment
program unless approved by the treatment program and the supervising
correctional agent.

609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH

DEGREE.
Subdivision 1. Crime defined. A person is guilty of criminal sexual
conduct in the fifth degree if the person engages in nonconsensual sexual
penetration.
Subd. 1a. Sexual contact; child present; crime defined.
A person is guilty of criminal sexual conduct in the fifth degree if:
(1) the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals
in the presence of a minor under the age of 16, knowing or having reason to
know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in
section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v).
Sexual contact also includes the intentional removal or attempted removal of
clothing covering the complainant's intimate parts or undergarments, and the
nonconsensual touching by the complainant of the actor’s intimate parts,
effected by the actor, if the action is performed with sexual or aggressive
intent.
Subd. 2. Gross misdemeanor. A person convicted under subdivision 1a
may be sentenced to imprisonment for not more than one year or to a payment
of a fine of not more than $3,000, or both.
Subd. 3. Felony. (a) A person is guilty of a felony and may be sentenced
to imprisonment for not more than two years or to payment of a fine of not
more than $10,000, or both, if the person violates subdivision 1.
(b) A person is guilty of a felony and may be sentenced to imprisonment
for not more than seven years or to payment of a fine of not more than
$14,000, or both, if the person violates subdivision 1 or 1a within ten years of:
(1) a conviction under subdivision 1;
(2) a previous conviction for violating subdivision 1a, clause (2), a crime
described in paragraph (c), or a statute from another state in conformity with
any of these offenses; or
(3) the first of two or more previous convictions for violating subdivision
1a, clause (1), or a statute from another state in conformity with this offense.
(c) A previous conviction for violating section 609.342, 609.343, 609.344,
609.345, 609.3453, 617.23, subdivision 2, clause (2), or subdivision 3, or
617.247, may be used to enhance a criminal penalty as provided in paragraph
(a).

609.3452 renumbered 609.3457

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609.3453 CRIMINAL SEXUAL PREDATORY CONDUCT.
Subdivision 1. Crime defined. A person is guilty of criminal sexual
predatory conduct if the person commits a predatory crime that was motivated
by the offender’s sexual impulses or was part of a predatory pattern of
behavior that had criminal sexual conduct as its goal.
Subd. 2. Penalty. (a) Except as provided in section 609.3455, the
statutory maximum sentence for a violation of subdivision 1 is: (1) 25 percent
longer than for the underlying predatory crime; or (2) 50 percent longer than
for the underlying predatory crime, if the violation is committed by a person
with a previous sex offense conviction, as defined in section 609.3455,
subdivision 1.
(b) In addition to the sentence imposed under paragraph (a), the person
may also be sentenced to the payment of a fine of not more than $20,000.
(c) A person convicted under this section is also subject to conditional
release under section 609.3455.

609.3455 DANGEROUS SEX OFFENDERS LIFE SENTENCES;

CONDITIONAL RELEASE.
Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) “Conviction” includes a conviction as an extended jurisdiction juvenile
under section 260B.130 for a violation of, or an attempt to violate, section
609.342, 609.343, 609.344, 609.3453, or 609.3458, if the adult sentence has
been executed.
(c) “Extreme inhumane conditions” mean situations where, either before
or after the sexual penetration or sexual contact, the offender knowingly
causes or
permits the complainant to be placed in a situation likely to cause the
complainant severe ongoing mental, emotional, or psychological harm, or
causes the complainant’s death.
(d) A “heinous element” includes:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm upon the
complainant;
(3) the offender intentionally mutilated the complainant;
(4) the offender exposed the complainant to extreme inhumane
conditions;
(5) the offender was armed with a dangerous weapon or any article used
or fashioned in a manner to lead the complainant to reasonably believe it to
be a dangerous weapon and used or threatened to use the weapon or article
to cause the complainant to submit;
(6) the offense involved sexual penetration or sexual contact with more
than one victim;
(7) the offense involved more than one perpetrator engaging in sexual
penetration or sexual contact with the complainant; or
(8) the offender, without the complainant’s consent, removed the
complainant from one place to another and did not release the complainant in
a safe place.

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(e) “Mutilation” means the intentional infliction of physical abuse designed

to cause serious permanent disfigurement or permanent or protracted loss or
impairment of the functions of any bodily member or organ, where the offender
relishes the in0fliction of the abuse, evidencing debasement or perversion.
(f) A conviction is considered a “previous sex offense conviction” if the
offender was convicted and sentenced for a sex offense before the
commission of the present offense.
(g) A conviction is considered a “prior sex offense conviction” if the
offender was convicted of committing a sex offense before the offender has
been convicted of the present offense, regardless of whether the offender was
convicted for the first offense before the commission of the present offense,
and the convictions involved separate behavioral incidents.
(h) “Sex offense” means any violation of, or attempt to violate, section
609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or any similar
statute of the United States, this state, or any other state.
(i) “Torture” means the intentional infliction of extreme mental anguish, or
extreme psychological or physical abuse, when committed in an especially
depraved manner.
(j) An offender has “two previous sex offense convictions” only if the
offender was convicted and sentenced for a sex offense committed after the
offender was earlier convicted and sentenced for a sex offense and both
convictions preceded the commission of the present offense of conviction.
Subd. 2. Mandatory life sentence without release; egregious first-
time and repeat offenders. (a) Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (a), (b), (c), (d), or
(e), 609.342, subdivision 1a, clause (a), (b), (c), (d), (h), or (i); 609.343,
subdivision 1, paragraph (a), (b), (c), (d), or (e), 609.343, subdivision 1a,
clause (a), (b), (c), (d), (h), or (i), to life without the possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of
section 609.342, 609.343, 609.344, 609.3458, subdivision 1, paragraph (b),
and the fact finder determines that a heinous element exists for the present
offense.
(b) A fact finder may not consider a heinous element if it is an element of
the underlying specified violation of section 609.342 or 609.343. In addition,
when determining whether two or more heinous elements exist, the fact finder
may not use the same underlying facts to support a determination that more
than one element exists.
Subd. 3. Mandatory life sentence for egregious first-time offenders.
(a) Notwithstanding the statutory maximum penalty otherwise applicable
to the offense, the court shall sentence a person to imprisonment for life if the
person is convicted under section 609.342, subdivision 1, paragraph (a), (b),
(c), (d), or (e), or; 609.342, subdivision 1a, clause (a), (b), (c), (d), (h), or (i);
609.343, subdivision 1, paragraph (a), (b), (c), (d), or (e), or 609.343,
subdivision 1a, clause (a), (b), (c), (d), (h), or (i); and the fact finder determines
that a heinous element exists.
(b) The fact finder may not consider a heinous element if it is an element
of the underlying specified violation of section 609.342, or 609.343.

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 Subd. 3a. Mandatory sentence for certain engrained offenders. (a)
A court shall commit a person to the commissioner of corrections for a period
of time that is not less than double the presumptive sentence under the
Sentencing Guidelines and not more than the statutory maximum, or if the
statutory maximum is less than double the presumptive sentence, for a period
of time that is equal to the statutory maximum, if:
(1) the court is imposing an executed sentence on a person convicted of
committing or attempting to commit a violation of section 609.342, 609.343,
609.344, 609.345, 609.3453, or 609.3458;
(2) the fact finder determines that the offender is a danger to public safety;
and
(3) the fact finder determines that the offender’s criminal sexual behavior
is so engrained that the risk of reoffending is great without intensive
psychotherapeutic intervention or other long-term treatment or supervision
extending beyond the presumptive term of imprisonment and supervised
release.
(b) The fact finder shall base its determination that the offender is a danger
to public safety on any of the following factors:
(1) the crime involved an aggravating factor that would justify a durational
departure from the presumptive sentence under the Sentencing Guidelines;
(2) the offender previously committed or attempted to commit a predatory
crime or a violation of section 609.224 or 609.2242, including:
(i) an offense committed as a juvenile that would have been a predatory
crime or a violation of section 609.224 or 609.2242 if committed by an adult;
or
(ii) a violation or attempted violation of a similar law of any other state or
the United States; or
(3) the offender planned or prepared for the crime prior to its commission.
(c) As used in this section, “predatory crime” has the meaning given in
section 609.341, subdivision 22.
Subd. 4. Mandatory life sentence; repeat offenders. (a)
Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for life if the person
is convicted of violating section 609.342, 609.343, 609.344, 609.345,
609.3453, or 609.3458 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the fact finder determines that the present offense involved an
aggravating factor that would provide grounds for an upward durational
departure under the Sentencing Guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from the
Sentencing Guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under this section or Minnesota Statutes
2004, section 609.108 for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and the fact finder
determines that the prior convictions and present offense involved at least
three separate victims, and:
(i) the fact finder determines that the present offense involved an
aggravating factor that would provide grounds for an upward durational

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departure under the Sentencing Guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from the
Sentencing Guidelines for one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or Minnesota Statutes
2004, section 609.108 for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the person’s
previous or prior sex offense convictions that are being used as the basis for
the sentence are for violations of section 609.342, 609.343, 609.344,
609.3453, or 609.3458, or any similar statute of the United States, this state,
or any other state.
Subd. 5. Life sentences, minimum term of imprisonment. At the time
of sentencing under subdivision 3 or 4, the court shall specify a minimum term
of imprisonment, based on the Sentencing Guidelines or any applicable
mandatory minimum sentence, that must be served before the offender may
be considered for supervised release.
Subd. 6. Mandatory ten-year conditional release term.
Notwithstanding the statutory maximum sentence otherwise applicable to the
offense and unless a longer conditional release term is required in subdivision
7, when a court commits an offender to the custody of the commissioner of
corrections for a violation of section 609.342, 609.343, 609.344, 609.345,
609.3453, or 609.3458, the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional
release for ten years.
Subd. 7. Mandatory lifetime conditional release term. (a) When a
court sentences an offender under subdivision 3 or 4, the court shall provide
that, if the offender is released from prison, the commissioner of corrections
shall place the offender on conditional release for the remainder of the
offender’s life.
(b) Notwithstanding the statutory maximum sentence otherwise applicable
to the offense, when the court commits an offender to the custody of the
commissioner of corrections for a violation of section 609.342, 609.343,
609.344, 609.345, 609.3453, or 609.3458, and the offender has a previous or
prior sex offense conviction, the court shall provide that, after the offender has
been released from prison, the commissioner shall place the offender on
conditional release for the remainder of the offender’s life.
(c) Notwithstanding paragraph (b), an offender may not be placed on
lifetime conditional release for a violation of section 609.345, unless the
offender’s previous or prior sex offense conviction is for a violation of section
609.342, 609.343, 609.344, 609.3453, or 609.3458 subdivision 1, paragraph
(b), or any similar statute of the United States, this state, or any other state.
Subd. 8. Terms of conditional release; applicable to all sex offenders.
(a) The provisions of this subdivision relating to conditional release apply to all
sex offenders sentenced to prison for a violation of section 609.342, 609.343,
609.344, 609.345, 609.3453, or 609.3458. Except as provided in this
subdivision, conditional release of sex offenders is governed by provisions
relating to supervised release. The commissioner of corrections may not
dismiss an offender on conditional release from supervision until the offender’s
conditional release term expires.

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 (b) The conditions of release may include successful completion of
treatment and aftercare in a program approved by the commissioner,
satisfaction of the release conditions specified in section 244.05, subdivision
6, and any other conditions the commissioner considers appropriate. The
commissioner shall develop a plan to pay the cost of treatment of a person
released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they
are identified. This section does not require the commissioner to accept or
retain an offender in a treatment program. Before the offender is placed on
conditional release, the commissioner shall notify the sentencing court and the
prosecutor in the jurisdiction where the offender was sentenced of the terms
of the offender’s conditional release. The commissioner also shall make
reasonable efforts to notify the victim of the offender’s crime of the terms of
the offender’s conditional release.
(c) If the offender fails to meet any condition of release, the commissioner
may revoke the offender’s conditional release and order that the offender
serve all or a part of the remaining portion of the conditional release term in
prison. An offender, while on supervised release, is not entitled to credit
against the offender’s conditional release term for time served in confinement
for a violation of release.
Subd. 9. Applicability. The provisions of this section do not affect the
applicability of Minnesota Statutes 2004, section 609.108, to crimes
committed before August 1, 2005, or the validity of sentences imposed under
Minnesota Statutes 2004, section 609.108.
Subd. 10. Presumptive executed sentence for repeat sex offenders.
Except as provided in subdivision 2, 3, 3a, or 4, if a person is convicted under
sections 609.342 to 609.345 or 609.3453 within 15 years of a previous sex
offense conviction, the court shall commit the defendant to the commissioner
of corrections for not less than three years, nor more than the maximum
sentence provided by law for the offense for which convicted, notwithstanding
sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the
execution of the sentence imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by and can
respond to treatment at a long-term inpatient program exclusively treating sex
offenders and approved by the commissioner of corrections. If the court stays
the execution of a sentence, it shall include the following as conditions of
probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender successfully complete the treatment
program and aftercare as directed by the court.

609.3456 USE OF POLYGRAPHS FOR SEX OFFENDERS ON

PROBATION OR CONDITIONAL RELEASE.
(a) A court may order as an intermediate sanction under section 609.135
and the commissioner of corrections may order as a condition of release under
section 244.05 or 609.3455 that an offender under supervision for a sex
offense submit to polygraphed examinations to ensure compliance with the
terms of probation or conditions of release.

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(b) The court or commissioner may order the offender to pay all or a
portion of the costs of the examinations. The fee may be waived if the offender
is indigent or if payment would result in an economic hardship to the offender’s
immediate family.

609.3457 SEX OFFENDER ASSESSMENT.

Subdivision 1. Assessment required. When a person is convicted of
a sex offense, the court shall order an independent professional assessment
of the offender's need for sex offender treatment to be completed before
sentencing. The court may waive the assessment if: (1) the Sentencing
Guidelines provide a presumptive prison sentence for the offender, or (2) an
adequate assessment was conducted prior to the conviction. An assessor
providing an assessment for the court must be experienced in the evaluation
and treatment of sex offenders.
Subd. 1a. Repeat offenders; mandatory assessment. When a person
is convicted of a felony-level sex offense, and the person has previously been
convicted of a sex offense regardless of the penalty level, the court shall order
a sex offender assessment to be completed by the Minnesota security
hospital. The assessment must contain the facts upon which the assessment
conclusion is based, with reference to the offense history of the offender or the
severity of the current offense, the social history of the offender, and the
results of an examination of the offender’s mental status unless the offender
refuses to be examined. The assessment conclusion may not be based on
testing alone. Upon completion, the assessment must be forwarded to the
court and the commissioner of corrections. The court shall consider the
assessment when sentencing the offender and, if applicable, when making the
preliminary determination regarding the appropriateness of a civil commitment
petition under section 609.1351.
Subd. 2. Access to data. Notwithstanding section 13.384, 13.85,
144.291 to 144.298, 260B.171, 260C.171, or chapter 260E, 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) corrections and detention data under section 13.85;
(3) health records under section 144.291 to 144.298;
(4) juvenile court records under sections 260B.171 and 26C.171; and
(5) local welfare agency records under chapter 260E.
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.
Subd. 3. Treatment order. If the assessment indicates that the offender
is in need of and amenable to sex offender treatment, the court shall include
in the sentence a requirement that the offender undergo treatment, unless the
court sentences the offender to prison.
Subd. 4. Definition. As used in this section, “sex offense” means a
violation of section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746,
subdivision 1; 609.79; or 617.23; or another offense arising out of a charge
based on one or more of those sections.

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609.3458 SEXUAL EXTORTION.
Subdivision 1. Crime defined. (a) A person who engages in sexual
contact with another person and compels the other person to submit to the
contact by making any of the following threats, directly or indirectly, is guilty of
sexual extortion:
(1) a threat to withhold or harm the complainant's trade, business,
profession, position, employment, or calling;
(2) a threat to make or cause to be made a criminal charge against the
complainant, whether true or false;
(3) a threat to report the complainant's immigration status to immigration
or law enforcement authorities;
(4) a threat to disseminate private sexual images of the complainant as
specified in section 617.261, nonconsensual dissemination of private sexual
images;
(5) a threat to expose information that the actor knows the complainant
wishes to keep confidential; or
(6) a threat to withhold complainant's housing, or to cause complainant a
loss or disadvantage in the complainant's housing, or a change in the cost of
complainant's housing.
(b) A person who engages in sexual penetration with another person and
compels the other person to submit to such penetration by making any of the
following threats, directly or indirectly, is guilty of sexual extortion:
(1) a threat to withhold or harm the complainant's trade, business,
profession, position, employment, or calling;
(2) a threat to make or cause to be made a criminal charge against the
complainant, whether true or false;
(3) a threat to report the complainant's immigration status to immigration
or law enforcement authorities;
(4) a threat to disseminate private sexual images of the complainant as
specified in section 617.261, nonconsensual dissemination of private sexual
images;
(5) a threat to expose information that the actor knows the complainant
wishes to keep confidential; or
(6) a threat to withhold complainant's housing, or to cause complainant a
loss or disadvantage in the complainant's housing, or a change in the cost of
complainant's housing.
Subd. 2. Penalty. (a) A person 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, if the person violates subdivision 1, paragraph (a).
(b) A person is guilty of a felony and may be sentenced to imprisonment
for not more than 15 years or to payment of a fine of not more than $30,000,
or both, if the person violates subdivision 1, paragraph (b).
(c) A person convicted under this section is also subject to conditional
release under section 609.3455.
Subd. 3. No attempt charge. Notwithstanding section 609.17, no person
may be charged with or convicted of an attempt to commit a violation of this
section.

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609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL

ASSAULTS.
(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a
law enforcement investigation by contacting any law enforcement agency,
regardless of where the crime may have occurred. The agency must prepare
a summary of the allegation and provide the person with a copy of it. The
agency must begin an investigation of the facts, or, if the suspected crime was
committed in a different jurisdiction, refer the matter along with the summary
to the law enforcement agency where the suspected crime was committed for
an investigation of the facts. If the agency learns that both the victim and the
accused are members of the Minnesota National Guard, the agency receiving
the report must refer the matter along with the summary to the Bureau of
Criminal Apprehension for investigation pursuant to section 299C.80.
(b) If a law enforcement agency refers the matter to the law enforcement
agency where the crime was committed, it need not include the allegation as
a crime committed in its jurisdiction for purposes of information that the agency
is required to provide to the commissioner of public safety pursuant to section
299C.06, but must confirm that the other law enforcement agency has
received the referral.

609.346 Repealed, 1998 c 367 a 6 s 16

609.3461 Renumbered 609.117

609.3469 VOLUNTARY INTOXICATION DEFENSE.

(a) The "knows or has reason to know" mental state requirement for
violations of sections 609.342 to 609.345 involving a complainant who is
mentally incapacitated, as defined in section 609.341, subdivision 7, clause
(2), involves specific intent for purposes of determining the applicability of the
voluntary intoxication defense described in section 609.075. This defense may
be raised by a defendant if the defense is otherwise applicable under section
609.075 and related case law.
(b) Nothing in paragraph (a) may be interpreted to change the application
of the defense to other crimes.
(c) Nothing in paragraph (a) is intended to change the scope or limitations
of the defense or case law interpreting it beyond clarifying that the defense is
available to a defendant described in paragraph (a).

609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT

CASES.
Subdivision 1. Victim testimony; corroboration unnecessary. In a
prosecution under sections 609.342 to 609.3451; 609.3453; or Minnesota
Statutes 2004, section 609.109 the testimony of a victim need not be
corroborated.
Subd. 2. Showing of resistance unnecessary. In a prosecution under
sections 609.342 to 609.3451; 609.3453; or Minnesota Statutes 2004, section
609.109 there is no need to show that the victim resisted the accused.
Subd. 3. Previous sexual conduct. In a prosecution under sections
609.342 to 609.3451; 609.3453; 609.365 or Minnesota Statutes 2004, section
609.109 evidence of the victim's previous sexual conduct shall not be admitted

129
nor shall any reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in subdivision 4. The
evidence can be admitted only if the probative value of the evidence is not
substantially outweighed by its inflammatory or prejudicial nature and only in
the circumstances set out in paragraphs (a) and (b). For the evidence to be
admissible under paragraph (a), subsection (i), the judge must find by a
preponderance of the evidence that the facts set out in the accused's offer of
proof are true. For the evidence to be admissible under paragraph (a),
subsection (ii) or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the accused's offer of
proof are true, as provided under Rule 901 of the Rules of Evidence.
(a) When consent of the victim is a defense in the case, the following
evidence is admissible:
(i) evidence of the victim's previous sexual conduct tending to establish a
common scheme or plan of similar sexual conduct under circumstances
similar to the case at issue. In order to find a common scheme or plan, the
judge must find that the victim made prior allegations of sexual assault which
were fabricated; and
(ii) evidence of the victim's previous sexual conduct with the accused.
(b) When the prosecution's case includes evidence of semen, pregnancy,
or disease at the time of the incident or, in the case of pregnancy, between
the time of the incident and trial, evidence of specific instances of the victim's
previous sexual conduct is admissible solely to show the source of the semen,
pregnancy, or disease.
Subd. 4. Accused offer of evidence. The accused may not offer
evidence described in subdivision 3 except pursuant to the following
procedure:
(a) A motion shall be made by the accused at least three business days
prior to trial, unless later for good cause shown, setting out with particularity
the offer of proof of the evidence that the accused intends to offer, relative to
the previous sexual conduct of the victim;
(b) If the court deems the offer of proof sufficient, the court shall order a
hearing out of the presence of the jury, if any, and in such hearing shall allow
the accused to make a full presentation of the offer of proof;
(c) At the conclusion of the hearing, if the court finds that the evidence
proposed to be offered by the accused regarding the previous sexual conduct
of the victim is admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial nature, the court
shall make an order stating the extent to which evidence is admissible. The
accused may then offer evidence pursuant to the order of the court;
(d) If new information is discovered after the date of the hearing or during
the course of trial, which may make evidence described in subdivision 3
admissible, the accused may make an offer of proof pursuant to clause (a)
and the court shall order an in-camera hearing to determine whether the
proposed evidence is admissible by the standards herein.
Subd. 5. Prohibiting instructing jury on certain points. In a
prosecution under sections 609.342 to 609.3451; 609.3453; or Minnesota
Statutes 2004, section 609.109 the court shall not instruct the jury to the effect
that:

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(a) It may be inferred that a victim who has previously consented to sexual
intercourse with persons other than the accused would be therefore more
likely to consent to sexual intercourse again; or
(b) The victim's previous or subsequent sexual conduct in and of itself
may be considered in determining the credibility of the victim; or
(c) Criminal sexual conduct is a crime easily charged by a victim but very
difficult to disprove by an accused because of the heinous nature of the crime;
or
(d) The jury should scrutinize the testimony of the victim any more closely
than it should scrutinize the testimony of any witness in any felony prosecution.
Subd. 6. Psychotherapy evidence. (a) In a prosecution under sections
609.342 to 609.3451; 609.3453; or Minnesota Statutes 2004, section 609.109
involving a psychotherapist and patient, evidence of the patient's personal or
medical history is not admissible except when:
(1) the accused requests a hearing at least three business days prior to
trial and makes an offer of proof of the relevancy of the history; and
(2) the court finds that the history is relevant and that the probative value
of the history outweighs its prejudicial value.
(b) The court shall allow the admission only of specific information or
examples of conduct of the victim that are determined by the court to be
relevant. The court's order shall detail the information or conduct that is
admissible and no other evidence of the history may be introduced.
(c) Violation of the terms of the order is grounds for mistrial but does not
prevent the retrial of the accused.
Subd. 7. Effect of statute on rules. Rule 412 of the Rules of Evidence
is superseded to the extent of its conflict with this section.

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY

CONFIDENTIAL.
Notwithstanding any provision of law to the contrary, no data contained in
records or reports relating to petitions, complaints, or indictments issued
pursuant to section 609.322, 609.342, 609.343, 609.344, 609.345, or
609.3453, which specifically identifies a victim who is a minor shall be
accessible to the public, except by order of the court. Nothing in this section
authorizes denial of access to any other data contained in the records or
reports, including the identity of the defendant.

609.348 MEDICAL PURPOSES; EXCLUSIONS.

Sections 609.342 to 609.3451; 609.3453; and Minnesota Statutes 2004,
section 609.109 do not apply to sexual penetration or sexual contact when
done for a bona fide medical purpose.

609.349 VOLUNTARY RELATIONSHIPS.

Repealed 2019 c 16 s 1

609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a county, city, or private hospital or other emergency
medical facility or by a private physician for the examination of a victim of
criminal sexual conduct when the examination is performed for the purpose of

131
gathering evidence shall be paid by the county in which the criminal sexual
conduct occurred. These costs include, but are not limited to, full cost of the
rape kit examination, associated tests relating to the complainant's sexually
transmitted disease status, and pregnancy status.
(b) Nothing in this section shall be construed to limit the duties,
responsibilities, or liabilities of any insurer, whether public or private.
However, a county may seek insurance reimbursement from the victim's
insurer only if authorized by the victim. This authorization may only be sought
after the examination is performed. When seeking this authorization, the
county shall inform the victim that if the victim does not authorize this, the
county is required by law to pay for the examination and that the victim is in
no way liable for these costs or obligated to authorize the reimbursement.
(c) The applicability of this section does not depend upon whether the
victim reports the offense to law enforcement or the existence or status of any
investigation or prosecution.

609.351 APPLICABILITY TO PAST AND PRESENT

PROSECUTIONS.
Except for section 609.347, crimes committed prior to August 1, 1975,
are not affected by its provisions.

609.352 SOLICITATION OF CHILDREN TO ENGAGE IN

SEXUAL CONDUCT; COMMUNICATION OF SEXUALLY
EXPLICIT MATERIALS TO CHILDREN.
Subdivision 1. Definitions. As used in this section:
(a) "child" means a person 15 years of age or younger;
(b) "sexual conduct" means sexual contact of the individual's primary
genital area, sexual penetration as defined in section 609.341, or sexual
performance as defined in section 617.246; and
(c) "solicit" means commanding, entreating, or attempting to persuade a
specific person in person, by telephone, by letter, or by computerized or other
electronic means.
Subd. 2. Prohibited act. A person 18 years of age or older who solicits
a child or someone the person reasonably believes is a child to engage in
sexual conduct with intent to engage in sexual conduct is guilty of a felony and
may be sentenced as provided in subdivision 4.
Subd. 2a. Electronic solicitation of children. A person 18 years of age
or older who uses the Internet, a computer, computer program, computer
network, computer system, an electronic communications system, or a
telecommunications, wire, or radio communications system, or other
electronic device capable of electronic data storage or transmission to commit
any of the following acts, with the intent to arouse the sexual desire of any
person, is guilty of a felony and may be sentenced as provided in subdivision
4:
(1) soliciting a child or someone the person reasonably believes is a child
to engage in sexual conduct;
(2) engaging in communication with a child or someone the person
reasonably believes is a child, relating to or describing sexual conduct; or

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(3) distributing any material, language, or communication, including a

photographic or video image, that relates to or describes sexual conduct to a
child or someone the person reasonably believes is a child.
Subd. 2b. Jurisdiction. A person may be convicted of an offense under
subdivision 2a if the transmission that constitutes the offense either originates
within this state or is received within this state.
Subd. 3. Defenses. (a) Mistake as to age is not a defense to a
prosecution under this section.
(b) The fact that an undercover operative or law enforcement officer was
involved in the detection or investigation of an offense under this section does
not constitute a defense to a prosecution under this section.
Subd. 4. Penalty. A person convicted under subdivision 2 or 2a 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.

609.353 JURISDICTION.
A violation or attempted violation of section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453 or 609.352 may be prosecuted in any
jurisdiction in which the violation originates or terminates.

CRIMES AGAINST THE FAMILY

609.355 BIGAMY.
Subdivision 1. Definition. In this section "cohabit" means to live
together under the representation or appearance of being married.
Subd. 2. Acts constituting. Whoever does any of the following is guilty
of bigamy 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) Knowingly having a prior marriage that is not dissolved, contracts a
marriage in this state; or
(2) Contracts a marriage with another in this state with knowledge that
the prior marriage of the other is not dissolved; or
(3) Marries another outside this state with knowledge that either of them
has a prior marriage that has not been dissolved, and then cohabits with the
other in this state.

609.36 ADULTERY.
Subdivision 1. Acts constituting. When a married woman has sexual
intercourse with a man other than her husband, whether married or not, both
are guilty of adultery 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. 2. Limitations. No prosecution shall be commenced under this
section except on complaint of the husband or the wife, except when such
husband or wife lacks the mental capacity, nor after one year from the
commission of the offense.
Subd. 3. Defense. It is a defense to violation of this section if the marital
status of the woman was not known to the defendant at the time of the act of
adultery.

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609.364 Repealed, 1985 c 286 s 24
609.3641 Repealed, 1985 c 286 s 24
609.3642 Repealed, 1985 c 286 s 24
609.3643 Repealed, 1985 c 286 s 24
609.3644 Repealed, 1985 c 286 s 24

609.365 INCEST.
Whoever has sexual intercourse with another nearer of kin to the actor
than first cousin, computed by rules of the civil law, whether of the half or the
whole blood, with knowledge of the relationship, is guilty of incest and may be
sentenced to imprisonment for not more than ten years.

609.37 Repealed, 1993 c 340 s 60(b)

609.375 NONSUPPORT OF SPOUSE OR CHILD.

Subdivision 1. Crime defined. Whoever is legally obligated to provide
court-ordered support to a spouse or child, whether or not the child’s custody
has been granted to another, and knowingly omits and fails 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 $1,000, or
both.
Subd. 2. Gross misdemeanor violation. A person who violates
subdivision 1 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, if:
(1) the violation continues for a period in excess of 90 days but not more
than 180 days; or
(2) the person is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than six times but less
than nine times the person’s total monthly support and maintenance
payments.
Subd. 2a. Felony violation. A person who violates subdivision 1 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,
if:
(1) the violation continues for a period in excess of 180 days; or
(2) the person is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than nine times the
person’s total monthly support and maintenance payments.
Subd. 2b. Attempt to obtain contempt order as prerequisite to
prosecution. A person may not be charged with violating this section unless
there has been an attempt to obtain a court order holding the person in
contempt for failing to pay support or maintenance under chapter 518. This
requirement is satisfied by a showing that reasonable attempts have been
made at service of the order.
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.
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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
court-ordered support owed. Nonpayment of court-ordered support is a
violation of any probation granted following conviction under subdivision 2a.
Subd. 8. Defense. It is an affirmative defense to criminal liability under
this section if the defendant proves by a preponderance of the evidence that
the omission and failure to provide court-ordered support were with lawful
excuse.

609.3751 DISCHARGE AND DISMISSAL.

Subdivision 1. Applicability. A person is eligible for a discharge and
dismissal under this section, if the person:
(1) has not been previously convicted of a felony under the laws of this
state or elsewhere;
(2) has not been previously convicted of a violation of section 609.375 or
of a similar offense in this state or elsewhere;
(3) has not previously participated in or completed a diversion program
relating to a charge of violating section 609.375; and
(4) has not previously been placed on probation without a judgment of
guilty for violation of section 609.375.
Subd. 2. Procedure. For a person eligible under subdivision 1 who is
charged with violating section 609.375, the court may after trial or upon a plea
of guilty, without entering a judgment of guilty and with the consent of the
person, defer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period not to exceed
the maximum sentence provided for the violation. At a minimum, the
conditions must require the defendant to:
(1) provide the public authority responsibility for child support enforcement
with an affidavit attesting to the defendant’s present address, occupation,
employer, current income, assets, and account information, as defined in
section 13B.06; and
(2) execute a written payment agreement regarding both current support
and arrearages that is approved by the court.
In determining whether to approve a payment agreement under clause
(2), the court shall apply the provisions of chapter 518A consistent with the
obligor’s ability to pay.
Subd. 3. Violation. Upon violation of a condition of the probation,
including a failure to comply with the written payment agreement approved by
the court under subdivision 2, clause (2), the court may enter an adjudication
of guilt and proceed as otherwise provided in law.
Subd. 4. Early dismissal. The court may, in its discretion, dismiss the
proceedings against the person and discharge the person from probation
before the expiration of the maximum period prescribed for the person’s
probation but may do so only if the full amount of any arrearages has been
brought current.
Subd. 5. Dismissal; record. (a) For purposes of this subdivision, “not
public” has the meaning given in section 13.02, subdivision 8a.

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 (b) If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration for the period the court shall
discharge the person and dismiss the proceedings against that person.
Discharge and dismissal under this subdivision shall be without court
adjudication of guilt, but a not public record of it shall be retained by the bureau
of criminal apprehension for the purpose of use by the courts in determining
the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal
investigation, prosecution, or sentencing. Upon request by law enforcement,
prosecution, or corrections authorities, the bureau shall notify the requesting
party of the existence of the not public record and the right to seek a court
order to open it pursuant to this section. The court shall forward a record of
any discharge and dismissal under this section to the bureau which shall make
and maintain the not public record of it as provided under this section. The
discharge or dismissal shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime or
for any other purpose.

609.376 DEFINITIONS.
Subdivision 1. Terms defined. For the purposes of sections 609.255
and 609.376 to 609.38, the following terms have the meanings given unless
specific content indicates otherwise.
Subd. 2. Child. "Child" means any person under the age of 18 years.
Subd. 3. Caretaker. "Caretaker" means an individual who has
responsibility for the care of a child as a result of a family relationship or who
has assumed responsibility for all or a portion of the care of a child.
Subd. 4. Complainant. "Complainant" means a person alleged to have
been a victim of a violation of section 609.255, subdivision 3, 609.377, or
609.378, but need not be the person who signs the complaint.

609.377 MALICIOUS PUNISHMENT OF CHILD.

Subdivision 1. Malicious punishment. A parent, legal guardian, or
caretaker who, by an intentional act or a series of intentional acts with respect
to a child, evidences unreasonable force or cruel discipline that is excessive
under the circumstances is guilty of malicious punishment of a child and may
be sentenced as provided in subdivisions 2 to 6.
Subd. 2. Gross misdemeanor. If the punishment results in less than
substantial bodily harm, the person 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. 3. Enhancement to a felony. Whoever violates the provisions of
subdivision 2 during the time period between a previous conviction or
adjudication for delinquency under this section or sections 609.221 to
609.2231,609.224, 609.2242, 609.342 to 609.345, or 609.713, and the end of
five years following discharge from sentence or disposition for that conviction
or adjudication may be sentenced to imprisonment for not more than five years
or a fine of $10,000, or both.
Subd. 4. Felony; child under age four. If the punishment is to a child
under the age of four and causes bodily harm to the head, eyes, neck, or

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otherwise causes multiple bruises to the body, the person may be sentenced
to imprisonment for not more than five years or a fine of $10,000, or both.
Subd. 5. Felony; substantial bodily harm. If the punishment results in
substantial bodily harm, the person 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.
Subd. 6. Felony; great bodily harm. If the punishment results in great
bodily harm, the person 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.

609.3775 CHILD TORTURE.

Subdivision 1. Definition. As used in this section, "torture" means
the intentional infliction of extreme mental anguish, or extreme psychological
or physical abuse, when committed in an especially depraved manner.
Subd. 2. Crime. A person who tortures a child is guilty of a felony and
may be sentenced to imprisonment for not more than 25 years or to payment
of a fine of not more than $35,000, or both.
Subd. 3. Proof; evidence. (a) Expert testimony as to the existence
or extent of mental anguish or psychological abuse is not a requirement for a
conviction under this section.
(b) A child's special susceptibility to mental anguish or psychological
abuse does not constitute an independent cause of the condition so that a
defendant is exonerated from criminal liability.
(c) Proof that a victim suffered pain is not an element of a violation of
this section.

609.378 NEGLECT OR ENDANGERMENT OF A CHILD.

Subdivision 1. Persons guilty of neglect or endangerment. (a) (1) A
parent, legal guardian, or caretaker who willfully deprives a child of necessary
food, clothing, shelter, health care, or supervision appropriate to the child's
age, when the parent, guardian, or caretaker is reasonably able to make the
necessary provisions and the deprivation harms or is likely to substantially
harm the child's physical, mental, or emotional health is guilty of neglect of a
child 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. If the deprivation results
in substantial harm to the child's physical, mental, or emotional health, the
person 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. If a parent, guardian, or
caretaker responsible for the child's care in good faith selects and depends
upon spiritual means or prayer for treatment or care of disease or remedial
care of the child, this treatment or care is "health care," for purposes of this
clause.
(2) A parent, legal guardian, or caretaker who knowingly permits the
continuing physical or sexual abuse of a child is guilty of neglect of a child 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.
(b) A parent, legal guardian, or caretaker who endangers the child's
person or health by:

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 (1) intentionally or recklessly causing or permitting a child to be placed in
a situation likely to substantially harm the child's physical, mental, or emotional
health or cause the child's death; or
(2) knowingly causing or permitting the child to be present where any
person is selling, manufacturing, possessing immediate precursors or
chemical substances with intent to manufacture, or possessing a controlled
substance, as defined in section 152.01, subdivision 4, in violation of section
152.021, 152.022, 152.023, or 152.024 or 152.0262; is guilty of child
endangerment 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.
If the endangerment results in substantial harm to the child's physical,
mental, or emotional health, the person 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.
This paragraph does not prevent a parent, legal guardian, or caretaker
from causing or permitting a child to engage in activities that are appropriate
to the child's age, stage of development, and experience, or from selecting
health care as defined in subdivision 1, paragraph (a).
(c) A person who intentionally or recklessly causes a child under 14 years
of age to be placed in a situation likely to substantially harm the child's physical
health or cause the child's death as a result of the child's access to a loaded
firearm is guilty of child endangerment 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.
If the endangerment results in substantial harm to the child's physical
health, the person 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.
Subd. 2. Defenses. It is a defense to a prosecution under subdivision 1,
paragraph (a), clause (2), or paragraph (b), that at the time of the neglect or
endangerment there was a reasonable apprehension in the mind of the
defendant that acting to stop or prevent the neglect or endangerment would
result in substantial bodily harm to the defendant or the child in retaliation.

609.3785 UNHARMED NEWBORNS LEFT AT A SAFE PLACE;

AVOIDANCE OF PROSECUTION.
A person may leave a newborn with an employee at a safe place, as
defined in section 145.902 in this state, pursuant to section 260C.139,
subdivision 4, without being subjected to prosecution for that act, provided
that:
(1) the newborn was born within seven days of being left at the safe place,
as determined within a reasonable degree of medical certainty;
(2) the newborn is left in an unharmed condition; and
(3) in cases where the person leaving the newborn is not the newborn’s
mother, the person has the mother’s approval to do so.

609.379 PERMITTED ACTIONS.

Subdivision 1. Reasonable force. Reasonable force may be used upon
or toward the person of a child without the child's consent when the following
circumstance exists or the actor reasonably believes it to exist:

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(a) when used by a parent, legal guardian, teacher, or other caretaker of

a child or pupil, in the exercise of lawful authority, to restrain or correct the
child or pupil; or
(b) when used by a teacher or other member of the instructional, support,
or supervisory staff of a public or nonpublic school upon or toward a child when
necessary to restrain the child from self-injury or injury to any other person or
property.
Subd. 2. Applicability. This section applies to sections 260B.425,
260C.425, 609.255, 609.376, 609.378, and chapter 260E.

609.38 STAYED SENTENCE.

For any violation of section 609.255, subdivision 3, 609.377, or 609.378
for which the Sentencing Guidelines establish a presumptive executed
sentence, the court may stay imposition or execution of the sentence if it finds
that a stay is in the best interest of the complainant or the family unit and that
the defendant is willing to participate in any necessary or appropriate
treatment. In determining an appropriate sentence when there is a family
relationship between the complainant and the defendant, the court shall be
guided by the policy of preserving and strengthening the family unit whenever
possible.

CRIMES AGAINST THE GOVERNMENT

609.385 TREASON.
Subdivision 1. Definition. "Levying war" includes an act of war or an
insurrection of several persons with intent to prevent, by force and intimidation,
the execution of a statute of the state, or to force its repeal. It does not include
either a conspiracy to commit an act of war or a single instance of resistance
for a private purpose to the execution of a law.
Subd. 2. Acts constituting. Any person owing allegiance to this state
who does either of the following is guilty of treason against this state and shall
be sentenced to life imprisonment:
(1) Levies war against this state; or
(2) Adheres to the enemies of this state, giving them aid and comfort.
Subd. 3. Testimony required. No person shall be convicted of treason
except on the testimony of two witnesses to the same overt act, or on the
person's confession in open court.

609.39 MISPRISION OF TREASON.

Whoever, owing allegiance to this state and having knowledge of the
commission of treason against this state, does not, as soon as may be,
disclose and make it known to the governor or a judge of the supreme court,
court of appeals, or district court, is guilty of misprision of treason against this
state 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.

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609.395 STATE MILITARY FORCES; INTERFERING WITH,
OBSTRUCTING, OR OTHER.
Whoever, when the United States is at war, does either of the following
may be sentenced to imprisonment for not more than 20 years or to payment
of a fine of not more than $35,000, or both:
(1) Intentionally makes or conveys false reports or statements with intent
to interfere with the operation or success of the military or naval forces of this
state; or
(2) Intentionally causes or incites insubordination, disloyalty, mutiny, or
refusal of duty in the military or naval forces of this state, or obstructs the
recruiting or enlistment service of this state.

609.396 UNAUTHORIZED PRESENCE AT CAMP RIPLEY.

Subdivision 1. Misdemeanor. A person is guilty of a misdemeanor if
the person intentionally and without authorization of the adjutant general
enters or is present on the Camp Ripley Military Reservation.
Subd. 2. Felony. A person is guilty of a felony and may be sentenced to
not more than five years imprisonment or to payment of a fine of not more than
$10,000, or both, if:
(1) the person intentionally enters or is present in an area at the Camp
Ripley military reservation that is posted by order of the adjutant general as
restricted for weapon firing or other hazardous military activity; and
(2) the person knows that doing so creates a risk of death, bodily harm,
or serious property damage.

609.40 FLAGS.
Subdivision 1. Definition. In this section "flag" means anything which
is or purports to be the Stars and Stripes, the United States shield, the United
States coat of arms, the Minnesota state flag, or a copy, picture, or
representation of any of them.
Subd. 2. Acts prohibited. Whoever does any of the following is guilty
of a misdemeanor:
(1) Intentionally and publicly mutilates, defiles, or casts contempt upon the
flag; or
(2) Places on or attaches to the flag any word, mark, design, or
advertisement not properly a part of such flag or exposes to public view a flag
so altered; or
(3) Manufactures or exposes to public view an article of merchandise or a
wrapper or receptacle for merchandise upon which the flag is depicted; or
(4) Uses the flag for commercial advertising purposes.
Subd. 3. Exceptions. This section does not apply to flags depicted on
written or printed documents or periodicals or on stationery, ornaments,
pictures, or jewelry, provided there are not unauthorized words or designs on
such flags and provided the flag is not connected with any advertisement.

609.405 Repealed, 1987 c 10 s 1

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609.41 FALSE TAX STATEMENT.

Whoever, in making any statement, oral or written, which is required or
authorized by law to be made as a basis of imposing, reducing, or abating any
tax or assessment, intentionally makes any statement as to any material
matter which the maker of the statement knows is false may be sentenced,
unless otherwise provided by law, to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both.

CRIMES AFFECTING PUBLIC

OFFICER OR EMPLOYEE

609.415 DEFINITIONS.
Subdivision 1. Definitions. As used in sections 609.415 to 609.465, and
609.515,
(1) "Public officer" means:
(a) an executive or administrative officer of the state or of a county,
municipality or other subdivision or agency of the state;
(b) a member of the legislature or of a governing board of a county,
municipality, or other subdivision of the state, or other governmental
instrumentality within the state;
(c) a judicial officer;
(d) a hearing officer;
(e) a law enforcement officer; or
(f) any other person exercising the functions of a public officer.
(2) "Public employee" means a person employed by or acting for the state
or a county, municipality, or other subdivision or governmental instrumentality
of the state for the purpose of exercising their respective powers and
performing their respective duties, and who is not a public officer. Public
employee includes a member of a charter commission.
(3) "Judicial officer" means a judge, court commissioner, referee, or any
other person appointed by a judge or court to hear or determine a cause or
controversy.
(4) "Hearing officer" means any person authorized by law or private
agreement to hear or determine a cause or controversy who is not a judicial
officer.
(5) "Political subdivision" means a county, town, statutory or home rule
charter city, school district, special service district, or other municipal
corporation of the state of Minnesota.
Subd. 2. Deemed officer or employee. A person who has been elected,
appointed, or otherwise designated as a public officer or public employee is
deemed such officer or employee although the person has not yet qualified
therefor or entered upon the duties thereof.

609.42 BRIBERY.
Subdivision 1. Acts constituting. Whoever does any of the following
is guilty of bribery 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:
(1) Offers, gives, or promises to give, directly or indirectly, to any person
who is a public officer or employee any benefit, reward or consideration to

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which the person is not legally entitled with intent thereby to influence the
person's performance of the powers or duties as such officer or employee; or
(2) Being a public officer or employee, requests, receives or agrees to
receive, directly or indirectly, any such benefit, reward or consideration upon
the understanding that it will have such an influence; or
(3) Offers, gives, or promises to give, directly or indirectly any such
benefit, reward, or consideration to a person who is a witness or about to
become a witness in a proceeding before a judicial or hearing officer, with
intent that the person's testimony be influenced thereby, or that the person will
not appear at the proceeding; or
(4) As a person who is, or is about to become such witness requests,
receives, or agrees to receive, directly or indirectly, any such benefit, reward,
or consideration upon the understanding that the person's testimony will be so
influenced, or that the person will not appear at the proceeding; or
(5) Accepts directly or indirectly a benefit, reward or consideration upon
an agreement or understanding, express or implied, that the acceptor will
refrain from giving information that may lead to the prosecution of a crime or
purported crime or that the acceptor will abstain from, discontinue, or delay
prosecution therefor, except in a case where a compromise is allowed by law.
Subd. 2. Forfeiture of office. Any public officer who is convicted of
violating or attempting to violate subdivision 1 shall forfeit the public officer's
office and be forever disqualified from holding public office under the state.

609.425 CORRUPTLY INFLUENCING LEGISLATOR.

Whoever by menace, deception, concealment of facts, or other corrupt
means, attempts to influence the vote or other performance of duty of any
member of the legislature or person elected thereto 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.

609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.

A public officer or employee who does any of the following, for which no
other sentence is specifically provided by law, 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:
(1) Intentionally fails or refuses to perform a known mandatory,
nondiscretionary, ministerial duty of the office or employment within the time
or in the manner required by law; or
(2) In the capacity of such officer or employee, does an act knowing it is
in excess of lawful authority or knowing it is forbidden by law to be done in that
capacity; or
(3) Under pretense or color of official authority intentionally and unlawfully
injures another in the other's person, property, or rights; or
(4) In the capacity of such officer or employee, makes a return, certificate,
official report, or other like document having knowledge it is false in any
material respect.

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609.435 OFFICER NOT FILING SECURITY.

Whoever intentionally performs the functions of a public officer without
having executed and duly filed the required security is guilty of a
misdemeanor.

609.44 PUBLIC OFFICE; ILLEGALLY ASSUMING;

NONSURRENDER.
Whoever intentionally and without lawful right thereto, exercises a function
of a public office or, having held such office and the right thereto having
ceased, refuses to surrender the office or its seal, books, papers, or other
incidents to a successor or other authority entitled thereto 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.

609.445 FAILURE TO PAY OVER STATE FUNDS.

Whoever receives money on behalf of or for the account of the state or
any of its agencies or subdivisions and intentionally refuses or omits to pay
the same to the state or its agency or subdivision entitled thereto, or to an
officer or agent authorized to receive the same, 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.

609.45 PUBLIC OFFICER; UNAUTHORIZED COMPENSATION.

Whoever is a public officer or public employee and under color of office or
employment intentionally asks, receives or agrees to receive a fee or other
compensation in excess of that allowed by law or where no such fee or
compensation is allowed, is guilty of a misdemeanor.

609.455 PERMITTING FALSE CLAIMS AGAINST

GOVERNMENT.
A public officer or employee who audits, allows, or pays any claim or
demand made upon the state or subdivision thereof or other governmental
instrumentality within the state which the public officer or employee knows is
false or fraudulent in whole or in part, 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.

609.456 REPORTING TO STATE AUDITOR AND

LEGISLATIVE AUDITOR REQUIRED.
Subdivision 1. State auditor; police, firefighters, teachers. Whenever
a public employee or public officer of a political subdivision, charter
commission, or local public pension plan governed by sections 424A.091 to
424A.096 or chapter 354A, discovers evidence of theft, embezzlement,
unlawful use of public funds or property, or misuse of public funds by a charter
commission or any person authorized to expend public funds, the employee
or officer shall promptly report to law enforcement and shall promptly report in
writing to the state auditor a detailed description of the alleged incident or
incidents. Notwithstanding chapter 13 or any other statute related to the

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classification of government data, the public employee or public officer shall
provide data or information related to the alleged incident or incidents to the
state auditor and law enforcement, including data classified as not public.
Subd. 2. Legislative auditor. Whenever an employee or officer of the
state, University of Minnesota, or other organization listed in section 3.971,
subdivision 6, discovers evidence of theft, embezzlement, or unlawful use of
public funds or property, the employee or officer shall, except when to do so
would knowingly impede or otherwise interfere with an ongoing criminal
investigation, promptly report in writing to the legislative auditor a detailed
description of the alleged incident or incidents.

609.46 Repealed, 1983 c 359 s 151

609.465 PRESENTING FALSE CLAIMS TO PUBLIC OFFICER

OR BODY.
Whoever, with intent to defraud, presents a claim or demand, with
knowledge that it is false in whole or in part, for audit, allowance or payment
to a public officer or body authorized to make such audit, allowance or
payment is guilty of an attempt to commit theft of public funds and may be
sentenced accordingly.

609.466 MEDICAL ASSISTANCE FRAUD.

Any person who, with the intent to defraud, presents a claim for
reimbursement, a cost report or a rate application, relating to the payment of
medical assistance funds pursuant to chapter 256B, to the state agency, which
is false in whole or in part, is guilty of an attempt to commit theft of public funds
and may be sentenced accordingly.

609.47 INTERFERENCE WITH PROPERTY IN OFFICIAL

CUSTODY.
Whoever intentionally takes, damages, or destroys any personal property
held in custody by an officer or other person under process of law 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.

609.475 IMPERSONATING A MILITARY SERVICE

MEMBER, VETERAN, OR PUBLIC OFFICIAL
Whoever falsely impersonates an active or reserve component military
service member, veteran, or public official with intent to wrongfully obtain
money, property, or any other tangible benefit is guilty of a misdemeanor.

609.4751 IMPERSONATING A PEACE OFFICER

Subd. 1. Misdemeanor. Whoever falsely impersonates a peace
officer with intent to mislead another into believing that the impersonator
is actually an officer is guilty of a misdemeanor.
Subd. 2. Gross misdemeanor. Whoever violates subdivision 1
while committing any of the following acts is guilty of a gross
misdemeanor:

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(1) gaining access to a public building or government facility that

is not open to the public;
(2) without legal authority, directing or ordering another person to
act or refrain from acting;
(3) violating section 169.64, subdivision 2, 3, or 4, or the siren
provisions of section 169.68; or
(4) operating a motor vehicle marked:
(i) with the word or words "police," "patrolman," "sheriff,"
"deputy," "trooper," "state patrol," "conservation officer," "agent," or
"marshal"; or
(ii) with any lettering, marking, or insignia, or colorable imitation
thereof, including, but not limited to, stars, badges, or shields identifying
the vehicle as a law enforcement vehicle, and which a reasonable
person would believe is a law enforcement vehicle governed under
section 169.98, subdivision 1.
Subd. 3. Felony. Whoever violates this section within five years of a
previous violation of this section is guilty of a felony and may be
sentenced to imprisonment for not more than two years or to payment of
a fine of not more than $4,000, or both.

CRIMES AGAINST THE

ADMINISTRATION OF JUSTICE

609.48 PERJURY.
Subdivision 1. Acts constituting. Whoever makes a false material
statement not believing it to be true in any of the following cases is guilty of
perjury and may be sentenced as provided in subdivision 4:
(1) In or for an action, hearing or proceeding of any kind in which the
statement is required or authorized by law to be made under oath or
affirmation; or
(2) In any writing which is required or authorized by law to be under oath
or affirmation;
(3) in any writing made according to section 358.115;
(4) in any writing made according to section 358.116; or
(5) in any other case in which the penalties for perjury are imposed by law
and no specific sentence is otherwise provided.
Subd. 2. Defenses not available. It is not a defense to a violation of this
section that:
(1) The oath or affirmation was taken or administered in an irregular
manner; or
(2) The declarant was not competent to give the statement; or
(3) The declarant did not know that the statement was material or believed
it to be immaterial; or
(4) The statement was not used or, if used, did not affect the proceeding
for which it was made; or
(5) The statement was inadmissible under the law of evidence.
Subd. 3. Inconsistent statements. When the declarant has made two
inconsistent statements under such circumstances that one or the other must

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be false and not believed by the declarant when made, it shall be sufficient for
conviction under this section to charge and the jury to find that, without
determining which, one or the other of such statements was false and not
believed by the declarant. The period of limitations for prosecution under this
subdivision runs from the first such statement.
Subd. 4. Sentence. Whoever violates this section may be sentenced as
follows:
(1) If the false statement was made upon the trial of a felony charge, or
upon an application for an explosives license or use permit, to imprisonment
for not more than seven years or to payment of a fine of not more than
$14,000, or both; or
(2) In all other cases, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
Subd. 5 Venue. A violation of subdivision 1, clause (4), may be
prosecuted in the county where the statement, under penalty of perjury, was
signed, or the county of the district court in which the statement was filed.

609.485 ESCAPE FROM CUSTODY.

Subdivision 1. Definition. "Escape" includes departure without lawful
authority and failure to return to custody following temporary leave granted for
a specific purpose or limited period.
Subd. 2. Acts prohibited. Whoever does any of the following may be
sentenced as provided in subdivision 4:
(1) escapes while held pursuant to a lawful arrest, in lawful custody on a
charge or conviction of a crime, or while held in lawful custody on an allegation
or adjudication of a delinquent act;
(2) transfers to another, who is in lawful custody on a charge or conviction
of a crime, or introduces into an institution in which the latter is confined,
anything usable in making such escape, with intent that it shall be so used;
(3) having another in lawful custody on a charge or conviction of a crime,
intentionally permits the other to escape;
(4) escapes while in a facility designated under section 253B.18,
subdivision 1, pursuant to a court commitment order after a finding of not guilty
by reason of mental illness or mental deficiency of a crime against the person,
as defined in section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt to commit
a violation of this clause;
(5) escapes while in or under the supervision of a facility designated under
section 246B.01, subdivision 2a; 246B.02; 253B.18, subdivision 1; 253D.07
subdivision 3, or Minnesota Statutes 1992, section 526.10;
(6) escapes while on pass status or provisional discharge according to
section 253B.18 or chapter 253D; or
(7) escapes while a civilly committed sex offender in the Minnesota sex
offender program as defined in section 246B.01, subdivision 1a, or subject to
a court hold order under chapter 253D.
For purposes of clauses (1) and (7), "escapes while held in lawful custody"
or “escapes while a civilly committed sex offender in the Minnesota sex
offender program” includes absconding from electronic monitoring or
removing an electric monitoring device from the person's body.

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Subd. 3. Exceptions. This section does not apply to a person who is free
on bail or who is on parole or probation, or subject to a stayed sentence or
stayed execution of sentence, unless the person (1) has been taken into actual
custody upon revocation of the parole, probation, or stay of the sentence or
execution of sentence, (2) is in custody in a county jail or workhouse as a
condition of a stayed sentence, or (3) is subject to electronic monitoring as a
condition of parole, probation, or supervised release.
Subd. 3a. Dismissal of charge. A felony charge brought under
subdivision 2, clause (4) shall be dismissed if the person charged voluntarily
returns to the facility within 30 days after a reasonable effort has been made
to provide written notice to the person that failure to return within 30 days may
result in felony charges being filed.
Subd. 4. Sentence. (a) Except as otherwise provided in subdivision 3a,
whoever violates this section may be sentenced as follows:
(1) if the person who escapes is in lawful custody for a felony, to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both;
(2) if the person who escapes is in lawful custody after a finding of not
guilty by reason of mental illness or mental deficiency of a crime against the
person, as defined in section 253B.02, subdivision 4a, to imprisonment for not
more than one year and one day or to payment of a fine of not more than
$3,000, or both;
(3) if the person who escapes is in lawful custody for a gross misdemeanor
or misdemeanor, or if the person who escapes is in lawful custody on an
allegation or adjudication of a delinquent act, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both;
(4) if the person who escapes is under civil commitment under section
253B.18, to imprisonment for not more than one year and one day or to
payment of a fine of not more than $3,000, or both; or
(5) if the person who escapes is under a court hold, civil commitment, or
supervision under chapter 253D, Minnesota Statutes 2012, section 253B.185
or Minnesota Statutes 1992, section 526.10, to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3),
and was effected by violence or threat of violence against a person, the
sentence may be increased to not more than twice those permitted in
paragraph (a), clauses (1) and (3).
(c) Unless a concurrent term is specified by the court, a sentence under
this section shall be consecutive to any sentence previously imposed or which
may be imposed for any crime or offense for which the person was in custody
when the person escaped.
(d) Notwithstanding paragraph (c), if a person who was committed to the
commissioner of corrections under section 260B.198 escapes from the
custody of the commissioner while 18 years of age, the person's sentence
under this section shall commence on the person's 19th birthday or on the
person's date of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause is convicted under
this section after becoming 19 years old and after having been discharged by
the commissioner, the person's sentence shall commence upon imposition by
the sentencing court.

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 (e) Notwithstanding paragraph (c), if a person who is in lawful custody on
an allegation or adjudication of a delinquent act while 18 years of age escapes
from a local juvenile correctional facility, the person's sentence under this
section begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever occurs first.
However, if the person described in this paragraph is convicted after becoming
19 years old and after discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.
(f) Notwithstanding paragraph (a), any person who escapes or absconds
from electronic monitoring or removes an electric monitoring device from the
person’s body is guilty of a crime and shall be sentenced to imprisonment for
not more than one year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of sections 609.185, 609.19,
609.195, 609.20, 609.205, 609.21, 609.221, 609.222, 609.223, 609.2231,
609.342, 609.343, 609.344, 609.345, 609.3451, or civil commitment under
section 253D, and who escapes or absconds from electronic monitoring or
removes an electronic monitoring device while under sentence may be
sentenced to imprisonment for not more than five years or to a payment of a
fine of not more than $10,000, or both.

609.486 COMMISSION OF CRIME WHILE WEARING OR

POSSESSING BULLET-RESISTANT VEST.
A person who commits or attempts to commit a gross misdemeanor or
felony while wearing or possessing a bullet-resistant vest is guilty of a felony
and, upon conviction, shall be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
Notwithstanding section 609.04, a prosecution for or conviction under this
section is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
As used in this section, "bullet-resistant vest" means a bullet-resistant
garment that provides ballistic and trauma protection.

609.487 FLEEING POLICE OFFICER; MOTOR VEHICLE;

OTHER.
Subdivision 1. Flee; definition. For purposes of this section, the term
"flee" means to increase speed, extinguish motor vehicle headlights or
taillights, refuse to stop the vehicle, or use other means with intent to attempt
to elude a peace officer following a signal given by any peace officer to the
driver of a motor vehicle.
Subd. 2. Peace officer; definition. For purposes of this section, "peace
officer" means:
(1) an employee of a political subdivision or state law enforcement agency
who is licensed by the Minnesota board of peace officer standards and
training, charged with the prevention and detection of crime and the
enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota state patrol and
Minnesota conservation officers;

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(2) an employee of a law enforcement agency of a federally recognized

tribe, as defined in United State Code, title 25, section 450b(e), who is licensed
by the Minnesota board of peace officer standards and training; or
(3) a member of a duly organized state, county, or municipal law
enforcement unit of another state charged with the duty to prevent and detect
crime and generally enforce criminal laws, and granted full powers of arrest.
Subd. 2a. Motor vehicle; definition. “Motor vehicle” has the meaning
given in section 169.011, subdivision 42, and includes a snowmobile, as
defined in section 84.81, off-road recreational vehicles as defined in section
169A.03, subdivision 16, and motorboats as defined in section 169A.03,
subdivision 13.
Subd. 3. Fleeing an officer; motor vehicle. Whoever by means of a
motor vehicle flees or attempts to flee a peace officer who is acting in the lawful
discharge of an official duty, and the perpetrator knows or should reasonably
know the same to be a peace officer, is guilty of a felony and may be
sentenced to imprisonment for not more than three years and one day or to
payment of a fine of not more than $5,000, or both.
Subd. 4. Fleeing officer; death; bodily injury. Whoever flees or
attempts to flee by means of a motor vehicle a peace officer who is acting in
the lawful discharge of an official duty, and the perpetrator knows or should
reasonably know the same to be a peace officer, and who in the course of
fleeing in a motor vehicle or subsequently by other means causes the death
of a human being not constituting murder or manslaughter or any bodily injury
to any person other than the perpetrator may be sentenced to imprisonment
as follows:
(a) If the course of fleeing results in death, to imprisonment for not more
than 40 years or to payment of a fine of not more than $80,000, or both; or
(b) If the course of fleeing results in great bodily harm, to imprisonment
for not more than seven years or to payment of a fine of not more than
$14,000, or both; or
(c) If the course of fleeing results in substantial bodily harm, to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
Subd. 5. Revocation; fleeing peace officer offense. When a person
is convicted of operating a motor vehicle in violation of subdivision 3 or 4, or
an ordinance in conformity with those Subdivisions, the court shall notify the
commissioner of public safety and order the commissioner to revoke the
driver’s license of the person.
Subd. 6. Fleeing, other than vehicle. Whoever, for the purpose of
avoiding arrest, detention, or investigation, or in order to conceal or destroy
potential evidence related to the commission of a crime, attempts to evade or
elude a peace officer, who is acting in the lawful discharge of an official duty,
by means of running, hiding, or by any other means except fleeing in a motor
vehicle, is guilty of a misdemeanor.

609.49 RELEASE, FAILURE TO APPEAR.

Subdivision 1. Felony offenders. (a) A person charged with or
convicted of a felony and released from custody, with or without bail or
recognizance, who intentionally fails to appear when required after having
been notified that a failure to appear for a court appearance is a criminal

149
offense, or after having been released on an order or condition that the
releasee personally appear when required with respect to the charge or
conviction, is guilty of a crime for failure to appear and may be sentenced to
not more than one-half of the maximum term of imprisonment or fine, or both,
provided for the underlying crime for which the person failed to appear, but
this maximum sentence shall, in no case, be less than a term of imprisonment
of one year and one day or a fine of $1,500, or both.
(b) A felony charge under this subdivision may be filed upon the person’s
nonappearance. However, the charge must be dismissed if the person who
fails to appear voluntarily surrenders within 48 hours after the time required
for appearance. This paragraph does not apply if the offender appears as a
result of being apprehended by law enforcement authorities.
Subd. 1a. Juvenile offenders. (a) A person who intentionally fails to
appear for a juvenile court disposition is guilty of a felony if:
(1) the person was prosecuted in juvenile court for an offense that would
have been a felony if committed by an adult;
(2) the juvenile court made findings pursuant to an admission in court
after trial;
(3) the person was released from custody on condition that the person
appear in the juvenile court for a disposition in connection with the offense;
and
(4) the person was notified that failure to appear is a criminal offense.
(b) A person who violates the provisions of this subdivision 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.
Subd. 2. Gross misdemeanor and misdemeanor offenders. A person
charged with a gross misdemeanor or misdemeanor who intentionally fails to
appear in court for trial on the charge after having been notified that a failure
to appear for a court appearance is a criminal offense, or after having been
released on an order or condition that the releasee personally appear for trial
when required with respect to the charge, is guilty of a misdemeanor.
Subd. 3. Affirmative defense. If proven by a preponderance of the
evidence, it is an affirmative defense to a violation of subdivision 1, 1a, or 2
that the person's failure to appear in court as required was due to
circumstances beyond the person's control.
Subd. 4. Prosecution. A violation of this section is prosecuted by the
prosecuting authority who was responsible for prosecuting the offense in
connection with which the person failed to appear in court.
Subd. 5. Reimbursement for costs. Upon conviction of a defendant for
a violation of subdivision 1 or 2, the court may order as part of the sentence
that the defendant pay the costs incurred by the prosecuting authority or
governmental agency due to the defendant’s failure to appear. The court may
order this payment in addition to any other penalty authorized by law which it
may impose. A defendant shall pay the entire amount of any restitution
ordered and fine imposed before paying costs ordered under this subdivision.
The order for payment of these costs may be enforced in the same manner as
the sentence, or by execution against property. When collected, the costs
must be paid into the treasury of the county of conviction.

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609.491 FAILURE TO APPEAR; PETTY MISDEMEANOR.

Subdivision 1. Considered guilty plea. If a person fails to appear in
court on a charge that is a petty misdemeanor, the failure to appear is
considered a plea of guilty and waiver of the right to trial, unless the person
appears in court within ten days and shows that the person's failure to appear
was due to circumstances beyond the person's control.
Subd. 2. Notice. A complaint charging a person with a petty
misdemeanor must include a conspicuous notice of the provisions of
subdivision 1.

609.493 SOLICITATION OF MENTALLY IMPAIRED PERSONS.

Subdivision 1. Crime. A person is guilty of a crime and may be
sentenced as provided in subdivision 2 if the person solicits a mentally
impaired person to commit a criminal act.
Subd. 2. Sentence. (a) A person who violates subdivision 1 is guilty of a
misdemeanor if the intended criminal act is a misdemeanor, and is guilty of a
gross misdemeanor if the intended criminal act is a gross misdemeanor.
(b) A person who violates subdivision 1 is guilty of a felony if the intended
criminal act is a felony, and may be sentenced to imprisonment for not more
than one-half the statutory maximum term for the intended criminal act or to
payment of a fine of not more than one-half the maximum fine for the intended
criminal act, or both.
Subd. 3. Definitions. As used in this section:
(1) "mentally impaired person" means a person who, as a result of
inadequately developed or impaired intelligence or a substantial psychiatric
disorder of thought or mood, lacks the judgment to give a reasoned consent
to commit the criminal act; and
(2) "solicit" means commanding, entreating, or attempting to persuade a
specific person.

609.494 SOLICITATION OF JUVENILES.

Subdivision 1. Crime. A person is guilty of a crime and may be
sentenced as provided in subdivision 2 if the person is an adult and solicits or
conspires with a minor to commit a crime or delinquent act or is an accomplice
to a minor in the commission of a crime or delinquent act.
Subd. 2. Sentence. (a) A person who violates subdivision 1 is guilty of
a misdemeanor if the intended criminal act is a misdemeanor, or would be a
misdemeanor if committed by an adult, and is guilty of a gross misdemeanor
if the intended criminal act is a gross misdemeanor or would be a gross
misdemeanor if committed by an adult.
(b) A person who violates subdivision 1 is guilty of a felony if the intended
criminal act is a felony or would be a felony if committed by an adult, and may
be sentenced to imprisonment for not more than one-half of the statutory
maximum term for the intended criminal act or to payment of a fine of not
more than one-half the maximum fine for the intended criminal act, or both.
Subd. 3. Multiple sentences. Notwithstanding section 609.04, a
prosecution for or conviction under this section is not a bar to conviction of or
punishment for any other crime committed by the defendant as part of the
same conduct.

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 Subd. 4. Consecutive sentences. Notwithstanding any provision of the
Sentencing Guidelines, the court may provide that a sentence imposed for a
violation of this section shall run consecutively to any sentence imposed for
the intended criminal act. A decision by the court to impose consecutive
sentences under this subdivision is not a departure from the Sentencing
Guidelines.
Subd. 5. Definition. "Solicit" means commanding, entreating, or
attempting to persuade a specific person.

609.495 AIDING AN OFFENDER.

Subdivision 1. Definition of crime. (a) Whoever harbors, conceals,
aids, or assists by word or acts another whom the actor knows or has reason
to know has committed a crime under the laws of this or another state or of
the United States with intent that such offender shall avoid or escape from
arrest, trial, conviction, or punishment, may be sentenced to imprisonment for
not more than three years or to payment of a fine of not more than $5,000, or
both if the crime committed or attempted by the other person is a felony.
(b) Whoever knowingly harbors, conceals, or aids a person who is on
probation, parole, or supervised release because of a felony level conviction
and for whom an arrest and detention order has been issued, with intent that
the person evade or escape being taken into custody under the order, may be
sentenced to imprisonment for not more than three years or to payment of a
fine of not more than $5,000, or both. As used in this paragraph, “arrest and
detention order” means a written order to take and detain a probationer,
parolee, or supervised releasee that is issued under section 243.05,
subdivision 1; 244.195; or 401.025.
Subd. 2. Repealed, 1996 c 408 art 3 s 40
Subd. 3. Obstructing investigation. Whoever intentionally aids another
person whom the actor knows or has reason to know has committed a criminal
act, by destroying or concealing evidence of that crime, providing false or
misleading information about that crime, receiving the proceeds of that crime,
or otherwise obstructing the investigation or prosecution of that crime is an
accomplice after the fact and may be sentenced to not more than one-half of
the statutory maximum sentence of imprisonment or to payment of a fine of
not more than one-half of the maximum fine that could be imposed on the
principal offender for the crime of violence. For purposes of this subdivision,
"criminal act" means an act that is a crime listed in section 609.11, subdivision
9, under the laws of this or another state, or of the United States, and also
includes an act that would be a criminal act if committed by an adult.
Subd. 4. Taking responsibility for criminal acts. (a) Unless the person
is convicted of the underlying crime, a person who assumes responsibility for
a criminal act with the intent to obstruct, impede, or prevent a criminal
investigation may be sentenced to not more than one-half of the statutory
maximum sentence of imprisonment or to payment of a fine of not more than
one-half of the maximum fine that could be imposed on the principal offender
for the criminal act.
(b) Nothing in this subdivision shall be construed to impair the right of any
individual or group to engage in speech protected by the United States
Constitution or the Minnesota Constitution.

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Subd. 5. Venue. An offense committed under subdivision 1 or 3 may be

prosecuted in:
(1) the county where the aiding or obstructing behavior occurred; or
(2) the county where the underlying criminal act occurred.

609.496 CONCEALING CRIMINAL PROCEEDS.

Subdivision 1. Crime. A person is guilty of a felony and may be
sentenced under subdivision 2 if the person:
(1) conducts a transaction involving a monetary instrument or instruments
with a value exceeding $5,000; and
(2) knows or has reason to know that the monetary instrument or
instruments represent the proceeds of, or are derived from the proceeds of,
the commission of a felony under this chapter or chapter 152 or an offense in
another jurisdiction that would be a felony under this chapter or chapter 152 if
committed in Minnesota.
Subd. 2. Penalty. A person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years, or to payment of a
fine of not more than $100,000, or both.
Subd. 3. Monetary instrument. For purposes of this section, "monetary
instrument" means United States currency and coin; the currency and coin of
a foreign country; a bank check, cashier's check, traveler's check, money
order, stock, investment security, or negotiable instrument in bearer form or
otherwise in the form by which title to the instrument passes upon delivery;
gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or
sapphires.
Subd. 4. Payment of reasonable attorney fees. subdivision 1 does not
preclude the payment or receipt of reasonable attorney fees.

609.497 ENGAGING IN BUSINESS OF CONCEALING

CRIMINAL PROCEEDS.
Subdivision 1. Crime. A person is guilty of a felony and may be
sentenced under subdivision 2 if the person knowingly initiates, organizes,
plans, finances, directs, manages, supervises, or otherwise engages in a
business that has as a primary or secondary purpose concealing money or
property that was gained as a direct result of the commission of a felony under
this chapter or chapter 152, or of an offense committed in another jurisdiction
that would be a felony under this chapter or chapter 152 if committed in
Minnesota.
Subd. 2. Penalty. A person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 20 years, or to payment of a fine
of not more than $1,000,000, or both.

609.4971 WARNING SUBJECT OF INVESTIGATION.

Whoever, having knowledge that a subpoena has been issued under
sections 8.16 and 388.23, and with intent to obstruct, impede, or prevent the
investigation for which the subpoena was issued, gives notice or attempts to
give notice of the issuance of the subpoena or the production of the documents
to a person, 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.

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609.4975 WARNING SUBJECT OF SURVEILLANCE OR
SEARCH.
Subdivision 1. Electronic communication. Whoever, having
knowledge that an investigative or law enforcement officer has been
authorized or has applied for authorization under chapter 626A to intercept a
wire, oral, or electronic communication, and with intent to obstruct, impede, or
prevent interception, gives notice or attempts to give notice of the possible
interception to a person, 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.
Subd. 2. Pen register. Whoever, having knowledge that an investigative
or law enforcement officer has been authorized or has applied for authorization
under chapter 626A to install and use a pen register or a trap and trace device,
and with intent to obstruct, impede, or prevent the purposes for which the
installation and use is being made, gives notice or attempts to give notice of
the installation or use to any person, 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.
Subd. 3. Search warrant. Whoever, having knowledge that a peace
officer has been issued or has applied for the issuance of a search warrant,
and with intent to obstruct, impede, or prevent the search, gives notice or
attempts to give notice of the search or search warrant to any person, 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.

609.498 TAMPERING WITH WITNESS.

Subdivision 1. Tampering with witness in the first degree. Whoever
does any of the following is guilty of tampering with a witness in the first degree
and may be sentenced as provided in subdivision 1a:
(a) intentionally prevents or dissuades or intentionally attempts to prevent
or dissuade by means of force or threats of injury to any person or property, a
person who is or may become a witness from attending or testifying at any
trial, proceeding, or inquiry authorized by law;
(b) by means of force or threats of injury to any person or property,
intentionally coerces or attempts to coerce a person who is or may become a
witness to testify falsely at any trial, proceeding, or inquiry authorized by law;
(c) intentionally causes injury or threatens to cause injury to any person
or property in retaliation against a person who was summoned as a witness at
any trial, proceeding, or inquiry authorized by law, within a year following that
trial, proceeding, or inquiry or within a year following the actor's release from
incarceration, whichever is later;
(d) intentionally prevents or dissuades or attempts to prevent or dissuade,
by means of force or threats of injury to any person or property, a person from
providing information to law enforcement authorities concerning a crime;
(e) by means of force or threats of injury to any person or property,
intentionally coerces or attempts to coerce a person to provide false
information concerning a crime to law enforcement authorities; or
(f) intentionally causes injury or threatens to cause injury to any person or
property in retaliation against a person who has provided information to law

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enforcement authorities concerning a crime within a year of that person

providing the information or within a year of the actor's release from
incarceration, whichever is later.
Subd. 1a. Penalty. Whoever violates subdivision 1 may be sentenced to
imprisonment for not more than five years or to payment of a fine not to exceed
$10,000.
Subd. 1b. Aggravated first-degree witness tampering. (a) A person is
guilty of aggravated first-degree witness tampering if the person causes or, by
means of an implicit or explicit credible threat, threatens to cause great bodily
harm or death to another in the course of committing any of the following acts
intentionally:
(1) preventing or dissuading or attempting to prevent or dissuade a person
who is or may become a witness from attending or testifying at any criminal
trial or proceeding;
(2) coercing or attempting to coerce a person who is or may become a
witness to testify falsely at any criminal trial or proceeding;
(3) retaliating against a person who was summoned as a witness at any
criminal trial or proceeding within a year following that trial or proceeding or
within a year following the actor’s release from incarceration, whichever is
later;
(4) preventing or dissuading or attempting to prevent or dissuade a person
from providing information to law enforcement authorities concerning a crime;
(5) coercing or attempting to coerce a person to provide false information
concerning a crime to law enforcement authorities; or
(6) retaliating against any person who has provided information to law
enforcement authorities concerning a crime within a year of that person
providing the information or within a year of the actor’s release from
incarceration, whichever is later.
(b) A person convicted of committing any act prohibited by paragraph (a)
may be sentenced to imprisonment for not more than 20 years or to payment
of a fine of not more than $30,000, or both.
Subd. 2. Tampering with a witness in the second degree. Whoever
does any of the following is guilty of tampering with a witness in the second
degree and may be sentenced as provided in subdivision 3:
(a) intentionally prevents or dissuades or intentionally attempts to prevent
or dissuade by means of any act described in section 609.27, subdivision 1,
clause (3), (4), or (5), a person who is or may become a witness from attending
or testifying at any trial, proceeding, or inquiry authorized by law;
(b) by means of any act described in section 609.27, subdivision 1, clause
(3), (4), or (5), intentionally coerces or attempts to coerce a person who is or
may become a witness to testify falsely at any trial, proceeding, or inquiry
authorized by law;
(c) intentionally prevents or dissuades or attempts to prevent or dissuade
by means of any act described in section 609.27, subdivision 1, clause (3),
(4), or (5), a person from providing information to law enforcement authorities
concerning a crime; or
(d) by means of any act described in section 609.27, subdivision 1, clause
(3), (4), or (5), intentionally coerces or attempts to coerce a person to provide
false information concerning a crime to law enforcement authorities.

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 Subd. 2a. Tampering with a witness in the third degree. (a) Unless
a greater penalty is applicable under subdivision 1, 1b, or 2, whoever does
any of the following is guilty of tampering with a witness in the third degree
and may be sentenced as provided in subdivision 3:
(1) intentionally prevents or dissuades or intentionally attempts to
prevent or dissuade by means of intimidation, a person who is or may
become a witness from attending or testifying at any trial, proceeding, or
inquiry authorized by law;
(2) by means of intimidation, intentionally influences or attempts to
influence a person who is or may become a witness to testify falsely at
any trial, proceeding, or inquiry authorized by law;
(3) intentionally prevents or dissuades or attempts to prevent or
dissuade by means of intimidation, a person from providing information to
law enforcement authorities concerning a crime; or
(4) by means of intimidation, intentionally influences or attempts to
influence a person to provide false information concerning a crime to law
enforcement authorities.
(b) In a prosecution under this subdivision, proof of intimidation may
be based on a specific act or on the totality of the circumstances.
Subd. 3. Sentence. (a) Whoever violates subdivision 2 is guilty of a gross
misdemeanor.
(b) Whoever violates subdivision 2a is guilty of a misdemeanor.
Subd. 4. No bar to conviction. Notwithstanding sections 609.035 or
609.04, a prosecution for or conviction of the crime of aggravated first-degree
witness tampering is not a bar to conviction of or punishment for any other
crime.

609.50 OBSTRUCTING LEGAL PROCESS, ARREST, OR

FIREFIGHTING.
Subdivision 1. Crime. Whoever intentionally does any of the following
may be sentenced as provided in subdivision 2:
(1) obstructs, hinders, or prevents the lawful execution of any legal
process, civil or criminal, or apprehension of another on a charge or conviction
of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer while the officer is
engaged in the performance of official duties;
(3) interferes with or obstructs a firefighter while the firefighter is engaged
in the performance of official duties;
(4) interferes with or obstructs a member of an ambulance service
personnel crew, as defined in section 144E.001, subdivision 3a, who is
providing, or attempting to provide, emergency care; or
(5) by force or threat of force endeavors to obstruct any employee of the
department of revenue while the employee is lawfully engaged in the
performance of official duties for the purpose of deterring or interfering with
the performance of those duties.
Subd. 2. Penalty. A person convicted of violating subdivision 1 may be
sentenced as follows:
(1) if (i) the person knew or had reason to know that the act created a risk
of death, substantial bodily harm, or serious property damage; or (ii) the act

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caused death, substantial bodily harm, or serious property damage; to

imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both;
(2) if the act was accompanied by force or violence or the threat thereof,
and is not otherwise covered by clause (1), to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both; or
(3) in other cases, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.

609.501 FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.

Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) “Family or household” has the meaning given to family or household
member in section 518B.01, subdivision 2.
(c) “Funeral ceremony” has the meaning given in section 149A.02,
subdivision 18.
(d) “Funeral procession” means two or more motor vehicles that identify
themselves by using regular lights and by keeping themselves in close
formation, one of which contains the body of a deceased person, enroute to
or from a funeral ceremony or a graveside service.
(e) “Graveside service” has the meaning given in section 149A.02,
subdivision 24.
(f) “Memorial service” has the meaning given in section 149A.02,
subdivision 28.
(g) “Targeted residential picketing” has the meaning given in section
609.748, subdivision 1, paragraph (c), but does not require more than one act
or that acts be committed on more than one occasion.
Subd. 2. Crime to disrupt. (a) Whoever does any of the following is
guilty of a misdemeanor:
(1) with intent to disrupt a funeral ceremony, graveside service, or
memorial service, protests or pickets within 500 feet of the burial site or the
entrance to a facility or location being used for the service or ceremony, within
one hour prior to, during, or one hour following the service or ceremony;
(2) with intent to disrupt a funeral procession, impedes or attempts to
impede a vehicle that is part of the procession;
(3) intentionally blocks or attempts to block access to a funeral ceremony,
graveside service, or memorial service; or
(4) knowingly engages in targeted residential picketing at the home or
domicile of any surviving member of the deceased person’s family or
household on the date of the funeral ceremony, graveside service, or memorial
service.
(b) Whoever is convicted of a violation of paragraph (a) following a
previous conviction for a violation of paragraph (a) or a similar statute from
another state or the United States is guilty of a gross misdemeanor.
Subd. 3. Civil remedy. A person who violates subdivision 2 is liable to
a surviving member of the deceased person’s family or household for
damages caused by the violation. A surviving member of the deceased
person’s family or household may also bring an action for injunctive relief and
other appropriate relief or remedial compensation. In an action brought under
this subdivision, a prevailing plaintiff may recover attorney fees.

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609.502 INTERFERENCE WITH DEAD BODY; REPORTING.
Subdivision 1. Concealing evidence. A person is guilty of a crime and
may be sentenced under subdivision 1a if the person interferes with the body
or scene of death with intent to:
(1) conceal the body;
(2) conceal the evidence; or
(3) otherwise mislead the coroner or medical examiner.
Subd. 1a. Penalty. A person convicted under subdivision 1, clause (2) or
(3) is guilty of a gross misdemeanor. A person convicted under subdivision 1,
clause (1), may be sentenced to imprisonment for not more than three years
or to a payment of a fine of not more than $5,000 or both.
TITLE. This act shall be known as “Laura’s Law.”
Subd. 2. Failure to report. (a) A person in charge of a cemetery who has
knowledge that the body of a deceased person interred in the cemetery has
been unlawfully removed shall:
(1) immediately report the occurrence to local law enforcement
authorities; and
(2) inform the next of kin of the deceased person, if known, within three
business days of the discovery of the body's removal unless the person
making the report has been instructed in writing by law enforcement authorities
that informing the next of kin would compromise an active law enforcement
investigation.
(b) A person who violates paragraph (a) clause (1) or (2) is guilty of a
misdemeanor.

609.504 DISARMING PEACE OFFICER.

Subdivision 1. Definition. As used in this section, “defensive device”
includes a firearm; a dangerous weapon; an authorized tear gas compound,
as defined in section 624.731, subdivision 1; an electronic incapacitation
device, as defined in section 624.731, subdivision 1; a club or baton; and any
item issued by a peace officer’s employer to the officer to assist in the officer’s
protection.
Subd. 2. Crime described. Whoever intentionally takes possession of a
defensive device being carried by a peace officer or from the area within the
officer’s immediate control, without the officer’s consent while the officer is
engaged in the performance of official duties, is guilty of a crime and may be
sentenced as provided in subdivision 3.
Subd. 3. Penalty. A person who violates this section is guilty of a felony
and may be sentenced to imprisonment for not more than five years, payment
of a fine of not more than $10,000, or both.

609.505 FALSELY REPORTING CRIME.

Subdivision 1. False reporting. Whoever informs a law enforcement
officer that a crime has been committed or otherwise provides information to
an on-duty peace officer, knowing that the person is a peace officer, regarding
the conduct of others, knowing that it is false and intending that the officer shall
act in reliance upon it, is guilty of a misdemeanor. A person who is convicted

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a second or subsequent time under this section is guilty of a gross

misdemeanor.
Subd. 2. Reporting police misconduct. (a) Whoever informs, or
causes information to be communicated to, a peace officer, whose
responsibilities include investigating or reporting police misconduct, that a
peace officer, as defined in section 626.84, subdivision 1, paragraph (c), has
committed an act of police misconduct, knowing that the information is false,
is guilty of a crime and may be sentenced as follows:
(1) up to the maximum provided for a misdemeanor if the false information
does not allege a criminal act; or
(2) up to the maximum provided for a gross misdemeanor if the false
information alleges a criminal act.
(b) The court shall order any person convicted of a violation of this
subdivision to make full restitution of all reasonable expenses incurred in the
investigation of the false allegation unless the court makes a specific written
finding that restitution would be inappropriate under the circumstances. A
restitution award may not exceed $3,000.
Subdivision 2 was found unconstitutional in State v. Crawley, 789 N.W.2d
899 (Minn. Ct. App. 2010) petition for rev. granted (Dec. 14, 2010).

609.5051 CRIMINAL ALERT NETWORK; FALSE OR

MISLEADING INFORMATION PROHIBITED.
Whoever uses the criminal alert network under section 299A.61 to
disseminate information regarding the commission of a crime knowing that it
is false or misleading, is guilty of a misdemeanor.

609.506 PROHIBITING GIVING PEACE OFFICER FALSE

NAME.
Subdivision 1. Misdemeanor. Whoever with intent to obstruct justice
gives a fictitious name other than a nickname, or gives a false date of birth, or
false or fraudulently altered identification card to a peace officer, as defined in
section 626.84, subdivision 1, paragraph (c), when that officer makes inquiries
incident to a lawful investigatory stop or lawful arrest, or inquiries incident to
executing any other duty imposed by law, is guilty of a misdemeanor.
Subd. 2. Name of another; gross misdemeanor. Whoever with intent
to obstruct justice gives the name and date of birth of another person to a
peace officer, as defined in subdivision 1, when the officer makes inquiries
incident to a lawful investigatory stop or lawful arrest, or inquiries incident to
executing any other duty imposed by law, is guilty of a gross misdemeanor.
Subd. 3. Fictitious name; gross misdemeanor. Whoever in any
criminal proceeding with intent to obstruct justice gives a fictitious name, other
than a nickname, or gives a false date of birth to a court official is guilty of a
misdemeanor. Whoever in any criminal proceeding with intent to obstruct
justice gives the name and date of birth of another person to a court official is
guilty of a gross misdemeanor. "Court official" includes a judge, referee, court
administrator, or any employee of the court.

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609.507 FALSELY REPORTING CHILD ABUSE.
A person is guilty of a misdemeanor who:
(1) informs another person that a person has committed sexual abuse,
physical abuse, or neglect of a child, as defined in section 260E.03;
(2) knows that the allegation is false or is without reason to believe that
the alleged abuser committed the abuse or neglect; and
(3) has the intent that the information influence a child custody hearing.

609.508 FALSE INFORMATION TO FINANCIAL INSTITUTION.

A person is guilty of a misdemeanor if the person informs a financial
institution, orally or in writing, that one or more of the person’s blank checks
or debit cards have been lost or stolen, knowing or having reason to know that
the information is false.

609.51 SIMULATING LEGAL PROCESS.

Subdivision 1. Acts prohibited. Whoever does any of the following is
guilty of a misdemeanor:
(1) Sends or delivers to another any document which simulates a
summons, complaint, or court process with intent thereby to induce payment
of a claim; or
(2) Prints, distributes, or offers for sale any such document knowing or
intending that it shall be so used.
Subd. 2. Exceptions. This section does not prohibit the printing,
distribution or sale of blank forms of legal documents for use in judicial
proceedings.

609.515 MISCONDUCT OF JUDICIAL OR HEARING OFFICER.

Whoever does any of the following, when the act is not in violation of
section 609.42, is guilty of a misdemeanor:
(1) Being a judicial or hearing officer, does either of the following:
(a) Agrees with or promises another to determine a cause or controversy
or issue pending or to be brought before the officer for or against any party; or
(b) Intentionally obtains or receives and uses information relating thereto
contrary to the regular course of the proceeding.
(2) Induces a judicial or hearing officer to act contrary to the provisions of
this section.

609.5151 DISSEMINATION OF PERSONAL INFORMATION

ABOUT LAW ENFORCEMENT PROHIBITED; PENALTY.
Subdivision 1. Definitions. As used in this section:
(1) "family or household member" has the meaning given in section
518B.01, subdivision 2;
(2) "law enforcement official" means both peace officers as defined in
section 626.84, subdivision 1, and persons employed by a law enforcement
agency; and
(3) "personal information" means a home address, directions to a home,
or photographs of a home.
Subd. 2. Crime described. (a) It is a misdemeanor for a person to
knowingly and without consent make publicly available, including but not
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limited to through the Internet, personal information about a law enforcement

official or an official's family or household member, if:
(1) the dissemination poses an imminent and serious threat to the official's
safety or the safety of an official's family or household member; and
(2) the person making the information publicly available knows or
reasonably should know of the imminent and serious threat.
(b) A person is guilty of a gross misdemeanor if the person violates
paragraph (a) and a law enforcement official or an official's family or household
member suffers great bodily harm or death as a result of the violation.
(c) A person who is convicted of a second or subsequent violation of this
section is guilty of a gross misdemeanor.

THEFT AND RELATED CRIMES

609.52 THEFT.
Subdivision 1. Definitions. In this section:
(1) "Property" means all forms of tangible property, whether real or
personal, without limitation including documents of value, electricity, gas,
water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe
or conduit by municipalities or public utility companies and articles, as defined
in clause (4), representing trade secrets, which articles shall be deemed for
the purposes of Extra Session Laws 1967, chapter 15 to include any trade
secret represented by the article.
(2) "Movable property" is property whose physical location can be
changed, including without limitation things growing on, affixed to, or found in
land.
(3) "Value" means the retail market value at the time of the theft, or if the
retail market value cannot be ascertained, the cost of replacement of the
property within a reasonable time after the theft, or in the case of a theft or the
making of a copy of an article representing a trade secret, where the retail
market value or replacement cost cannot be ascertained, any reasonable
value representing the damage to the owner which the owner has suffered by
reason of losing an advantage over those who do not know of or use the trade
secret. For a check, draft, or other order for the payment of money, “value”
means the amount of money promised or ordered to be paid under the terms
of the check, draft, or other order. For a theft committed within the meaning
of subdivision 2, paragraph (a), clause (5), items (i) and (ii), if the property has
been restored to the owner, "value" means the value of the use of the property
or the damage which it sustained, whichever is greater, while the owner was
deprived of its possession, but not exceeding the value otherwise provided
herein. For a theft committed within the meaning of subdivision 2, clause (9),
if the property has been restored to the owner, “value” means the rental value
of the property, determined at the rental rate contracted by the defendant or,
if no rental rate was contracted, the rental rate customarily charged by the
owner for use of the property, plus any damage that occurred to the property
while the owner was deprived of its possession, but not exceeding the total
retail value of the property at the time of the rental. For a theft committed within
the meaning of subdivision 2, clause (19), "value" means the difference
between wages legally required to be reported or paid to an employee and the
amount actually reported or paid to the employee.

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 (4) "Article" means any object, material, device or substance, including
any writing, record, recording, drawing, sample specimen, prototype, model,
photograph, microorganism, blueprint or map, or any copy of any of the
foregoing.
(5) "Representing" means describing, depicting, containing, constituting,
reflecting or recording.
(6) "Trade secret" means information, including a formula, pattern,
compilation, program, device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means by,
other persons who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances
to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or other reproduction
of an article, and any note, drawing, or sketch made of or from an article while
in the presence of the article.
(8) "Property of another" includes property in which the actor is coowner
or has a lien, pledge, bailment, or lease or other subordinate interest, property
transferred by the actor in circumstances which are known to the actor and
which make the transfer fraudulent as defined in section 513.44, property
possessed pursuant to a short-term rental contract, and property of a
partnership of which the actor is a member, unless the actor and the victim are
husband and wife. It does not include property in which the actor asserts in
good faith a claim as a collection fee or commission out of property or funds
recovered, or by virtue of a lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor, professional services,
transportation services, electronic computer services, the supplying of hotel
accommodations, restaurant services, entertainment services, advertising
services, telecommunication services, and the supplying of equipment for use
including rental of personal property or equipment.
(10) "Motor vehicle" means a self-propelled device for moving persons or
property or pulling implements from one place to another, whether the device
is operated on land, rails, water, or in the air.
(11) “Motor fuel” has the meaning given in section 604.15, subdivision 1.
(12) “Retailer” has the meaning given in section 604.15, subdivision 1.
(13) "Wage theft" occurs when an employer with intent to defraud:
(i) fails to pay an employee all wages, salary, gratuities, earnings, or
commissions at the employee's rate or rates of pay or at the rate or rates
required by law, including any applicable statute, regulation, rule, ordinance,
government resolution or policy, contract, or other legal authority, whichever
rate of pay is greater;
(ii) directly or indirectly causes any employee to give a receipt for wages
for a greater amount than that actually paid to the employee for services
rendered;
(iii) directly or indirectly demands or receives from any employee any
rebate or refund from the wages owed the employee under contract of
employment with the employer; or
(iv) makes or attempts to make it appear in any manner that the wages
paid to any employee were greater than the amount actually paid to the
employee.

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(14) "Employer" means any individual, partnership, association,

corporation, business trust, or any person or group of persons acting directly
or indirectly in the interest of an employer in relation to an employee.
(15) "Employee" means any individual employed by an employer.
Subd. 2. Acts constituting theft. Whoever does any of the following
commits theft and may be sentenced as provided in subdivision 3:
(1) intentionally and without claim of right takes, uses, transfers, conceals
or retains possession of movable property of another without the other's
consent and with intent to deprive the owner permanently of possession of the
property; or
(2) with or without having a legal interest in movable property,
intentionally and without consent, takes the property out of the possession of
a pledgee or other person having a superior right of possession, with intent
thereby to deprive the pledgee or other person permanently of the possession
of the property; or
(3) obtains for the actor or another the possession, custody, or title to
property of or performance of services by a third person by intentionally
deceiving the third person with a false representation which is known to be
false, made with intent to defraud, and which does defraud the person to whom
it is made. "False representation" includes without limitation:
(i) the issuance of a check, draft, or order for the payment of money,
except a forged check as defined in section 609.631, or the delivery of property
knowing that the actor is not entitled to draw upon the drawee therefor or to
order the payment or delivery thereof; or
(ii) a promise made with intent not to perform. Failure to perform is not
evidence of intent not to perform unless corroborated by other substantial
evidence; or
(iii) the preparation or filing of a claim for reimbursement, a rate
application, or a cost report used to establish a rate or claim for payment for
medical care provided to a recipient of medical assistance under chapter
256B, which intentionally and falsely states the costs of or actual services
provided by a vendor of medical care; or
(iv) the preparation or filing of a claim for reimbursement for providing
treatment or supplies required to be furnished to an employee under section
176.135 which intentionally and falsely states the costs of or actual treatment
or supplies provided; or
(v) the preparation or filing of a claim for reimbursement for providing
treatment or supplies required to be furnished to an employee under section
176.135 for treatment or supplies that the provider knew were medically
unnecessary, inappropriate, or excessive; or
(4) by swindling, whether by artifice, trick, device, or any other means,
obtains property or services from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with
intent to exercise temporary control only and:
(i) the control exercised manifests an indifference to the rights of the
owner or the restoration of the property to the owner; or
(ii) the actor pledges or otherwise attempts to subject the property to an
adverse claim; or
(iii) the actor intends to restore the property only on condition that the
owner pay a reward or buy back or make other compensation; or

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 (6) finds lost property and, knowing or having reasonable means of
ascertaining the true owner, appropriates it to the finder's own use or to that
of another not entitled thereto without first having made reasonable effort to
find the owner and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered upon the deposit of
a sum of money or tokens in a coin or token operated machine or other
receptacle, without making the required deposit or otherwise obtaining the
consent of the owner; or
(8) intentionally and without claim of right converts any article
representing a trade secret, knowing it to be such, to the actor's own use or
that of another person or makes a copy of an article representing a trade
secret, knowing it to be such, and intentionally and without claim of right
converts the same to the actor's own use or that of another person. It shall be
a complete defense to any prosecution under this clause for the defendant to
show that information comprising the trade secret was rightfully known or
available to the defendant from a source other than the owner of the trade
secret; or
(9) leases or rents personal property under a written instrument and who:
(i) with intent to place the property beyond the control of the lessor
conceals or aids or abets the concealment of the property or any part thereof;
or
(ii) sells, conveys, or encumbers the property or any part thereof without
the written consent of the lessor, without informing the person to whom the
lessee sells, conveys, or encumbers that the same is subject to such lease or
rental contract with intent to deprive the lessor of possession thereof; or
(iii) does not return the property to the lessor at the end of the lease or
rental term, plus agreed upon extensions, with intent to wrongfully deprive the
lessor of possession of the property; or
(iv) returns the property to the lessor at the end of the lease or rental term,
plus agreed upon extensions, but does not pay the lease or rental charges
agreed upon in the written instrument, with intent to wrongfully deprive the
lessor of the agreed upon charges.
For the purposes of items (iii) and (iv), the value of the property must be
at least $100.
Evidence that a lessee used a false, fictitious, or not current name,
address, or place of employment in obtaining the property or fails or refuses
to return the property or pay the rental contract charges to lessor within five
days after written demand for the return has been served personally in the
manner provided for service of process of a civil action or sent by certified mail
to the last known address of the lessee, whichever shall occur later, shall be
evidence of intent to violate this clause. Service by certified mail shall be
deemed to be complete upon deposit in the United States mail of such
demand, postpaid and addressed to the person at the address for the person
set forth in the lease or rental agreement, or, in the absence of the address,
to the person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols placed on
movable property for purpose of identification by the owner or person who has
legal custody or right to possession thereof with the intent to prevent
identification, if the person who alters, removes, or obliterates the numbers or

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symbols is not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of property involved, so as
to deprive the rightful owner of possession thereof, alters or removes any
permanent serial number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells or buys any
personal property knowing or having reason to know that the permanent serial
number, permanent distinguishing number or manufacturer's identification
number has been removed or altered; or
(12) intentionally deprives another of a lawful charge for cable television
service by:
(i) making or using or attempting to make or use an unauthorized external
connection outside the individual dwelling unit whether physical, electrical,
acoustical, inductive, or other connection, or by
(ii) attaching any unauthorized device to any cable, wire, microwave, or
other component of a licensed cable communications system as defined in
chapter 238. Nothing herein shall be construed to prohibit the electronic video
rerecording of program material transmitted on the cable communications
system by a subscriber for fair use as defined by Public Law Number 94-553,
section 107; or
(13) except as provided in paragraphs (12) and (14), obtains the services
of another with the intention of receiving those services without making the
agreed or reasonably expected payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for
telecommunications service by:
(i) making, using, or attempting to make or use an unauthorized
connection whether physical, electrical, by wire, microwave, radio, or other
means to a component of a local telecommunication system as provided in
chapter 237; or
(ii) attaching an unauthorized device to a cable, wire, microwave, radio,
or other component of a local telecommunication system as provided in
chapter 237.
The existence of an unauthorized connection is prima facie evidence that
the occupier of the premises:
(A) made or was aware of the connection; and
(B) was aware that the connection was unauthorized; or
(15) with intent to defraud, diverts corporate property other than in
accordance with general business purposes or for purposes other than those
specified in the corporation's articles of incorporation; or
(16) with intent to defraud, authorizes or causes a corporation to make a
distribution in violation of section 302A.551, or any other state law in
conformity with it; or
(17) takes or drives a motor vehicle without the consent of the owner or
an authorized agent of the owner, knowing or having reason to know that the
owner or an authorized agent of the owner did not give consent; or
(18) intentionally, and without claim of right, takes motor fuel from a
retailer without the retailer's consent and with intent to deprive the retailer
permanently of possession of the fuel by driving a motor vehicle from the
premises of the retailer without having paid for the fuel dispensed into the
vehicle; or

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 (19) commits wage theft under subdivision 1, clause (13).
(b) Proof that the driver of a motor vehicle into which motor fuel was
dispensed drove the vehicle from the premises of the retailer without having
paid for the fuel permits the factfinder to infer that the driver acted intentionally
and without claim of right, and that the driver intended to deprive the retailer
permanently of possession of the fuel. This paragraph does not apply if: (1)
payment has been made to the retailer within 30 days of the receipt of notice
of nonpayment under section 604.15; or (2) a written notice as described in
section 604.15, subdivision 4, disputing the retailer's claim, has been sent.
This paragraph does not apply to the owner of a motor vehicle if the vehicle or
the vehicle's license plate has been reported stolen before the theft of the fuel.
Subd. 3. Sentence. Whoever commits theft may be sentenced as
follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of
not more than $100,000, or both, if the property is a firearm, or the value of
the property or services stolen is more than $35,000 and the conviction is for
a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section
609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the value of the property or services stolen
exceeds $5,000, or if the property stolen was an article representing a trade
secret, an explosive or incendiary device, or a controlled substance listed in
schedule I or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but
not more than $5,000; or
(b) the property stolen was a controlled substance listed in schedule III,
IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not
more than $1,000 and the person has been convicted within the preceding five
years for an offense under this section, section 256.98; 268.182; 609.24;
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631;
or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received
a felony or gross misdemeanor sentence for the offense, or a sentence that
was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000,
and any of the following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or
grave or coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or
record kept, filed or deposited according to law with or in the keeping of any
public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or
upon its removal therefrom, or from an area of destruction caused by civil
disaster, riot, bombing, or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any
political subdivision or agency thereof; or

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(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both, if the value of the property or services stolen is
more than $500 but not more than $1,000; or
(5) in all other cases where the value of the property or services stolen is
$500 or less, to imprisonment for not more than 90 days or to payment of a
fine of not more than $1,000, or both, provided, however, in any prosecution
under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the
money or property or services received by the defendant in violation of any
one or more of the above provisions within any six-month period may be
aggregated and the defendant charged accordingly in applying the provisions
of this subdivision; provided that when two or more offenses are committed by
the same person in two or more counties, the accused may be prosecuted in
any county in which one of the offenses was committed for all of the offenses
aggregated under this paragraph.
Subd. 3a. Enhanced penalty. If a violation of this section creates a
reasonably foreseeable risk of bodily harm to another, the penalties described
in subdivision 3 are enhanced as follows:
(1) if the penalty is a misdemeanor or a gross misdemeanor, the person
is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both; and
(2) if the penalty is a felony, the statutory maximum sentence for the
offense is 50 percent longer than for the underlying crime.
Subd. 4. Wrongfully obtained public assistance; consideration of
disqualification. When determining the sentence for a person convicted of
theft by wrongfully obtaining public assistance, as defined in section 256.98,
subdivision 1, the court shall consider the fact that, under section 256.98,
subdivision 8, the person will be disqualified from receiving public assistance
as a result of the person's conviction.

609.521 POSSESSION OF SHOPLIFTING GEAR.

(a) As used in this section, an “electronic article surveillance system”
means any electronic device or devices that are designed to detect the
unauthorized removal of marked merchandise from a store.
(b) Whoever has in possession any device, gear, or instrument designed
to assist in shoplifting or defeating an electronic article surveillance system
with intent to use the same to shoplift and thereby commit theft may be
sentenced to imprisonment for not more than three years or to payment of a
fine of not more than $5,000, or both.

609.523 RETURN OF STOLEN PROPERTY TO OWNERS.

Subdivision 1. Photographic record. Photographs of property, as
defined in section 609.52, subdivision 1, over which a person is alleged to
have exerted unauthorized control or to have otherwise obtained unlawfully,
are competent evidence if the photographs are admissible into evidence under
all rules of law governing the admissibility of photographs into evidence. The
photographic record, when satisfactorily identified, is as admissible in
evidence as the property itself.

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 Subd. 2. Record of property. The photographs may bear a written
description of the property alleged to have been wrongfully taken, the name of
the owner of the property taken, the name of the accused, the name of the
arresting law enforcement officer, the date of the photograph, and the
signature of the photographer.
Subd. 3. Return of property. A law enforcement agency which is holding
property over which a person is alleged to have exerted unauthorized control
or to have otherwise obtained unlawfully may return that property to its owner
if:
(1) The appropriately identified photographs are filed and retained by the
law enforcement agency;
(2) Satisfactory proof of ownership of the property is shown by the owner;
(3) A declaration of ownership is signed under penalty of perjury; and
(4) A receipt for the property is obtained from the owner upon delivery by
the law enforcement agency.
Subd. 4. Examination of property. If the recovered property has a value
in excess of $150, then the owner shall retain possession for at least 14 days
to allow the defense attorney to examine the property.

609.525 BRINGING STOLEN GOODS INTO STATE.

Subdivision 1. Crime. Whoever brings property into the state which the
actor has stolen outside the state, or received outside of the state knowing it
to have been stolen, may be sentenced in accordance with the provisions of
section 609.52, subdivision 3. The actor may be charged, indicted, and tried
in any county, but not more than one county, into or through which the actor
has brought such property.
Subd. 2. Defining stolen property. Property is stolen within the meaning
of this section if the act by which the owner was deprived of property was a
criminal offense under the laws of the state in which the act was committed
and would constitute a theft under this chapter if the act had been committed
in this state.

609.526 PRECIOUS METAL AND SCRAP METAL DEALERS;

RECEIVING STOLEN PROPERTY.
Subdivision 1. Definitions. As used in this section, the following terms
have the meanings given:
(1) “precious metal dealer” has the meaning given in section 325F.731,
subdivision 2; and
(2) “scrap metal dealer” has the meaning given in section 325E.21,
subdivision 1.
Subd. 2. Crime described. Any precious metal dealer or scrap metal
dealer or any person employed by a scrap dealer, who receives, possesses,
transfers, buys, or conceals any stolen property or property obtained by
robbery, knowing or having reason to know the property was stolen or
obtained by robbery, may be sentenced as follows:
(1) if the value of the property received, bought, or concealed is $1,000
or more, to imprisonment for not more than ten years or to payment of a fine
of not more than $50,000, or both;

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(2) if the value of the property received, bought, or concealed is less than
$1,000 but more than $500, to imprisonment for not more than three years or
to payment of a fine of not more than $25,000, or both;
(3) if the value of the property received, bought, or concealed is $500 or
less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both.
Any person convicted of violating this section a second or subsequent
time within a period of one year may be sentenced as provided in clause (1).

609.527 IDENTITY THEFT.

Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given them in this subdivision.
(b) “Direct victim” means any person or entity described in section
611A.01, paragraph (b), whose identity has been transferred, used, or
possessed in violation of this section.
(c) “False pretense” means any false, fictitious, misleading, or fraudulent
information or pretense or pretext depicting or including or deceptively similar
to the name, logo, web site address, e-mail address, postal address,
telephone number, or any other identifying information of a for-profit or not-for-
profit business or organization or of a government agency, to which the user
has no legitimate claim of right.
(d) “Identity” means any name, number, or data transmission that may be
used, alone or in conjunction with any other information, to identify a specific
individual or entity, including any of the following:
(1) a name, social security number, date of birth, official government-
issued driver’s license or identification number, government passport number,
or employer or taxpayer identification number;
(2) unique electronic identification number, address, account number, or
routing code; or
(3) telecommunication identification information or access device.
(e) “Indirect victim” means any person or entity described in section
611A.01, paragraph (b), other than a direct victim.
(f) “Loss” means value obtained, as defined in section 609.52, subdivision
1, clause (3), and expenses incurred by a direct or indirect victim as a result
of a violation of this section.
(g) “Unlawful activity” means:
(1) any felony violation of the laws of this state or any felony violation of a
similar law of another state or the United States; and
(2) any non-felony violation of the laws of this state involving theft, theft
by swindle, forgery, fraud, or giving false information to a public official, or any
non-felony violation of a similar law of another state or the United States.
(h) “Scanning device” means a scanner, reader, or any other electronic
device that is used to access, read, scan, obtain, memorize, or store,
temporarily or permanently, information encoded on a computer chip or
magnetic strip or stripe of payment card, driver’s license, or state-issued
identification card.
(i) “Reencoder” means an electronic device that places encoded
information from the computer chip or magnetic strip or stripe of a payment
card, driver’s license, or state-issued identification card, onto the computer
chip or magnetic strip or stripe of a different payment card, driver’s license, or

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state-issued identification card, or any electronic medium that allows an
authorized transaction to occur.
(j) “Payment card” means a credit card, charge card, debit card, or any
other card that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good,
a service, or anything of value.
Subd. 2. Crime. A person who transfers, possesses, or uses an identity
that is not the person’s own, with the intent to commit, aid, or abet any unlawful
activity is guilty of identity theft and may be punished as provided in
subdivision 3.
Subd. 3. Penalties. A person who violates subdivision 2 may be
sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined
loss to the direct victim and any indirect victims is $250 or less, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined
loss to the direct victim and any indirect victims is more than $250 but not more
than $500, the person may be sentenced as provided in section 609.52,
subdivision 3, clause (4); and
(3) if the offense involves two or three direct victims or the total, combined
loss to the direct and indirect victims is more than $500 but not more than
$2,500, the person may be sentenced as provided in section 609.52,
subdivision 3, clause (3);
(4) if the offense involves more than three but not more than seven direct
victims, or if the total, combined loss to the direct and indirect victims is more
than $2,500, the person may be sentenced as provided in section 609.52,
subdivision 3, clause (2);
(5) if the offense involves eight or more direct victims, or if the total,
combined loss to the direct and indirect victims is more than $35,000, the
person may be sentenced as provided in section 609.52, subdivision 3, clause
(1); and
(6) if the offense is related to possession or distribution of pornographic
work in violation of section 617.246 or 617.247, the person may be sentenced
as provided in section 609.52, subdivision 3, clause (1).
Subd. 4. Restitution; items provided to victim. (a) A direct or indirect
victim of an identity theft crime shall be considered a victim for all purposes,
including any rights that accrue under chapter 611A and rights to court-
ordered restitution.
(b) The court shall order a person convicted of violating subdivision 2 to
pay restitution of not less than $1,000 to each direct victim of the offense.
(c) Upon the written request of a direct victim or the prosecutor setting
forth with specificity the facts and circumstances of the offense in a proposed
order, the court shall provide to the victim, without cost, a certified copy of the
complaint filed in the matter, the judgment of conviction, and an order setting
forth the facts and circumstances of the offense.
Subd. 5. Reporting. (a) A person who has learned or reasonably
suspects that a person is a direct victim of a crime under subdivision 2 may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction where the person resides, regardless

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of where the crime may have occurred. The agency must prepare a police
report of the matter, provide the complainant with a copy of that report, and
may begin an investigation of the facts, or, if the suspected crime was
committed in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation of the
facts.
(b) If a law enforcement agency refers a report to the law enforcement
agency where the crime was committed, it need not include the report as a
crime committed in its jurisdiction for purposes of information that the agency
is required to provide to the commissioner of public safety pursuant to section
299C.06.
Subd. 5a. Crime of electronic use of false pretense to obtain identity.
(a) A person who, with intent to obtain the identity of another, uses a false
pretense in an e-mail to another person or in a Web page, electronic
communication, advertisement, or any other communication on the Internet, is
guilty of a crime.
(b) Whoever commits such offense 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.
(c) In a prosecution under this subdivision, it is not a defense that:
(1) the person committing the offense did not obtain the identity of another;
(2) the person committing the offense did not use the identity; or
(3) the offense did not result in financial loss or any other loss to any
person.
Subd. 5b. Unlawful possession or use of scanning device or
reencorder. (a) A person who used a scanning device or reencoder without
permission of the cardholder of the card from which the information is being
scanned or reencoded, with the intent to commit, aid, or abet any unlawful
activity, is guilty of a crime.
(b) A person who possesses, with the intent to commit, aid, or abet any
unlawful activity, any device, apparatus, equipment, software, material, good,
property, or supply that is designed or adapted for use as a scanning device
or a reencoder is guilty of a crime.
(c) Whoever commits an offense under paragraph (a) or (b) 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.
Subd. 6. Venue. Notwithstanding anything to the contrary in section
627.01, an offense committed under subdivision 2, 5a, or 5b may be
prosecuted in:
(1) the county where the offense occurred;
(2) the county of residence or place of business of the direct victim or
indirect victim; or
(3) in the case of a violation of subdivision 5a or 5b, the county of
residence of the person whose identity was obtained or sought.
Subd. 7. Aggregation. In any prosecution under subdivision 2, the value
of the money or property or services the defendant receives or the number of
direct or indirect victims within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of subdivision 3;
provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in

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which one of the offenses was committed for all of the offenses aggregated
under this subdivision.

609.528 POSSESSION OR SALE OF STOLEN OR

COUNTERFEIT CHECK; PENALTIES.
Subdivision 1. Definition. (a) As used in this section, the following
terms have the meanings given them in this subdivision.
(b) “Direct victim” means any person or entity described in section
611A.01, paragraph (b), from whom a check is stolen or whose name or other
identifying information is contained in a counterfeit check.
(c) “indirect victim” means any person or entity described in section
611A.01, paragraph (b), other than a direct victim.
(d) “Loss” means value obtained, as defined in section 609.52, subdivision
1, clause (3), and expenses incurred by a direct or indirect victim as a result
of a violation of this section.
Subd. 2. Crime. A person who sells, possesses, receives, or transfers a
check that is stolen or counterfeit, knowing or having reason to know the check
is stolen or counterfeit, is guilty of a crime and may be punished as provided
in subdivision 3.
Subd. 3. Penalties. A person who violates subdivision 2 may be
sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined
loss to the direct victim and any indirect victims is $250 or less, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined
loss to the direct victim and any indirect victims is more than $250 but not more
than $500, the person may be sentenced as provided in section 609.52,
subdivision 3, clause (4);
(3) if the offense involves two or three direct victims or the total, combined
loss to the direct and indirect victims is more than $500 but not more than
$2,500, the person may be sentenced as provided in section 609.52,
subdivision 3, clause (3); and
(4) if the offense involves four or more direct victims, or if the total,
combined loss to the direct and indirect victims is more than $2,500, the
person may be sentenced as provided in section 609.52, subdivision 3, clause
(2).

609.529 MAIL THEFT.

Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given them in this subdivision.
(b) "Mail" means a letter, postal card, package, bag, or other sealed article
addressed to another.
(c) "Mail depository" means a mail box, letter box, or mail receptacle; a
post office or station of a post office; a mail route; or a postal service vehicle.
Subd. 2. Crime. Whoever does any of the following is guilty of mail theft
and may be sentenced as provided in subdivision 3:
(1) intentionally and without claim of right removes mail from a mail
depository;
(2) intentionally and without claim of right takes mail from a mail carrier;

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(3) obtains custody of mail by intentionally deceiving a mail carrier, or

other person who rightfully possesses or controls the mail, with a false
representation which is known to be false, made with intent to deceive and
which does deceive a mail carrier or other person who possesses or controls
the mail;
(4) intentionally and without claim of right removes the contents of mail
addressed to another;
(5) intentionally and without claim of right takes mail, or the contents of
mail, that has been left for collection on or near a mail depository; or
(6) receives, possesses, transfers, buys, or conceals mail obtained by
acts described in clauses (1) to (5), knowing or having reason to know the mail
was obtained illegally.
Subd. 3. Penalties. A person convicted under subdivision 2 may be
sentenced to imprisonment for not more than three years or to a payment of a
fine of not more than $5,000, or both.
Subd. 4. Venue. Notwithstanding anything to the contrary in section
627.01, an offense committed under subdivision 2 may be prosecuted in:
(1) the county where the offense occurred; or
(2) the county of residence or place of business of the direct victim or
indirect victim.

609.53 RECEIVING STOLEN PROPERTY.

Subdivision 1. Penalty. Except as otherwise provided in section
609.526, any person who receives, possesses, transfers, buys or conceals
any stolen property or property obtained by robbery, knowing or having reason
to know the property was stolen or obtained by robbery, may be sentenced in
accordance with the provisions of section 609.52, subdivision 3.
Subd. 1a. Repealed, 1989 c 290 art 7 s 14
Subd. 2. Repealed, 1982 c 613 s 7
Subd. 2a. Repealed, 1982 c 613 s 7
Subd. 3. Repealed, 1989 c 290 art 7 s 14
Subd. 3a. Repealed, 1989 c 290 art 7 s 14
Subd. 4. Civil action; treble damages. Any person who has been
injured by a violation of subdivision 1 or section 609.526 may bring an action
for three times the amount of actual damages sustained by the plaintiff or
$1,500, whichever is greater, and the costs of suit and reasonable attorney's
fees.
Subd. 5. Value. In this section, "value" has the meaning defined in
section 609.52, subdivision 1, clause (3).

609.531 FORFEITURES.
Subdivision 1. Definitions. For the purpose of sections 609.531 to
609.5318, the following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and
includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane,
and vessel and any equipment attached to it. The term "conveyance device"
does not include property which is, in fact, itself stolen or taken in violation of
the law.

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 (b) "Weapon used" means a dangerous weapon as defined under section
609.02, subdivision 6, that the actor used or had in possession in furtherance
of a crime.
(c) "Property" means property as defined in section 609.52, subdivision
1, clause (1).
(d) "Contraband" means property which is illegal to possess under
Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension,
the Department of Commerce Fraud Bureau, the Minnesota Division of Driver
and Vehicle Services, the Minnesota State Patrol, a county sheriff's
department, the Three Rivers Park District, Department of Public Safety, the
Department of Natural Resources Division of Enforcement, the University of
Minnesota Police Department, the Department of Corrections’ Fugitive
Apprehension Unit, a city, metropolitan transit, or airport police department;
or a multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152, or
chapter 624;
(2) for driver’s license or identification card transactions: any violation
of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or
conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195;
609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231;
609.2335, 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a)
to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345,
subdivision 1, clauses (a) to (e), and (h) to (j); 609.345 subdivision 1 clauses
(a) to (e),and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487;
609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66,
subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821;
609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a
gross misdemeanor or felony violation of section sections 609.891 or
624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section
609.21.
(g) "Controlled substance" has the meaning given in section 152.01,
subdivision 4.
(h) “Prosecuting authority” means the attorney who is responsible for
prosecuting an offense that is the basis for a forfeiture under section 609.531
to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to
have used a vehicle in the transportation or exchange of a controlled
substance intended for distribution or sale, claiming an ownership interest in
a vehicle that has been seized or restrained under this section.
Subd. 1a. Construction. Sections 609.531 to 609.5318 must be liberally
construed to carry out the following remedial purposes:
(1) to enforce the law;
(2) to deter crime;

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(3) to reduce the economic incentive to engage in criminal

enterprise;
(4) to increase the pecuniary loss resulting from the detection of criminal
activity; and
(5) to forfeit property unlawfully used or acquired and divert the property
to law enforcement purposes.
Subd. 2. Repealed, 1988 c 665 s 17
Subd. 3. Repealed, 1988 c 665 s 17
Subd. 4. Seizure. (a) Property subject to forfeiture under sections
609.531 to 609.5318 may be seized by the appropriate agency upon process
issued by any court having jurisdiction over the property. Property may be
seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the property subject to seizure has been the subject of a prior judgment
in favor of the state in a criminal injunction or forfeiture proceeding under this
chapter; or
(3) the appropriate agency has probable cause to believe that the delay
occasioned by the necessity to obtain process would result in the removal or
destruction of the property and that:
(i) the property was used or is intended to be used in commission of a
felony; or
(ii) the property is dangerous to health or safety.
If property is seized without process under item (i), the county attorney
must institute a forfeiture action under section 609.5313 as soon as is
reasonably possible.
(b) When property is seized, the officer must provide a receipt to the
person found in possession of the property; or in the absence of any person,
the officer must leave a receipt in the place where the property was found, if
reasonably possible.
Subd. 5. Right to possession vests immediately; custody of seized
property. All right, title, and interest in property subject to forfeiture under
sections 609.531 to 609.5318 vests in the appropriate agency upon
commission of the act or omission giving rise to the forfeiture. Any property
seized under sections 609.531 to 609.5318 is not subject to replevin, but is
deemed to be in the custody of the appropriate agency subject to the orders
and decrees of the court having jurisdiction over the forfeiture proceedings.
When property is so seized, the appropriate agency shall use reasonable
diligence to secure the property and prevent waste and may do any of the
following:
(1) place the property under seal;
(2) remove the property to a place designated by it; and
(3) in the case of controlled substances, require the state Board of
Pharmacy to take custody of the property and remove it to an appropriate
location for disposition in accordance with law.
Subd. 5a. Bond by owner for possession. (a) If the owner of property
that has been seized under sections 609.531 to 609.5318 seeks possession
of the property before the forfeiture action is determined, the owner may give
security or post bond payable to the appropriate agency in an amount equal
to the retail value of the seized property. On posting the security or bond, the
seized property must be returned to the owner and the forfeiture action shall

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proceed against the security as if it were the seized property. This subdivision
does not apply to contraband property or property being held for investigatory
purposes.
(b) If the owner of a motor vehicle that has been seized under this section
seeks possession of the vehicle before the forfeiture action is determined, the
owner may surrender the vehicle's certificate of title in exchange for the
vehicle.
The motor vehicle must be returned to the owner within 24 hours if the owner
surrenders the motor vehicle's certificate of title to the appropriate agency,
pending resolution of the forfeiture action. If the certificate is surrendered, the
owner may not be ordered to post security or bond as a condition of release
of the vehicle. When a certificate of title is surrendered under this provision,
the agency shall notify the department of public safety and any secured party
noted on the certificate. The agency shall also notify the department and the
secured party when it returns a surrendered title to the motor vehicle owner.
Subd. 6. Repealed, 1988 c 665 s 17
Subd. 6a. Forfeiture a civil procedure; conviction required. (a) An
action for forfeiture is a civil in rem action and is independent of any criminal
prosecution, except as provided in this subdivision.
(b) An asset is subject to forfeiture by judicial determination under sections
609.5311 to 609.5318 only if:
(1) a person is convicted of the criminal offense related to the action for
forfeiture; or
(2) a person is not charged with a criminal offense under chapter 152
related to the action for forfeiture based in whole or in part on the person’s
agreement to provide information regarding the criminal activity of another
person.
For purposes of clause (1), an admission of guilt to an offense chargeable
under chapter 152, a sentence under section 152.152, a stay of adjudication
under section 152.18, or a referral to a diversion program for an offense
chargeable under chapter 152 is considered a conviction.
(c) The appropriate agency handling the judicial forfeiture may introduce
into evidence in the judicial forfeiture case in civil court the agreement in
paragraph (b), clause (2).
(d) The appropriate agency handling the judicial forfeiture bears the
burden of proving by clear and convincing evidence that the property is an
instrument or represents the proceeds of the underlying offense.
Subd. 7. Petition for remission or mitigation. Prior to the entry of a
court order disposing with the forfeiture action, any person who has an interest
in forfeited property may file with the county attorney a petition for remission
or mitigation of the forfeiture. The county attorney may remit or mitigate the
forfeiture upon terms and conditions the county attorney deems reasonable if
the county attorney finds that: (1) the forfeiture was incurred without willful
negligence or without any intention on the part of the petitioner to violate the
law; or (2) extenuating circumstances justify the remission or mitigation of the
forfeiture.
Subd. 8. Forfeiture policies; statewide model policy required. (a)
By December 1, 2010, the Peace Officer Standards and Training Board,
after consulting with the Minnesota County Attorneys Association, the
Minnesota Sheriffs' Association, the Minnesota Chiefs of Police

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Association, and the Minnesota Police and Peace Officers Association,

shall develop a model policy that articulates best practices for forfeiture
and is designed to encourage the uniform application of forfeiture laws
statewide. At a minimum, the policy shall address the following:
(1) best practices in pursuing, seizing, and tracking forfeitures;
(2) type and frequency of training for law enforcement on forfeiture
laws; and
(3) situations in which forfeitures should not be pursued.
(b) By December 1, 2010, the Minnesota County Attorneys
Association, after consulting with the attorney general, the Peace Officer
Standards and Training Board, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Minnesota Police and
Peace Officers Association, shall develop a model policy that articulates
best practices for forfeiture and is designed to encourage the uniform
application of forfeiture laws statewide. At a minimum, the policy shall
address the following:
(1) statutory role of prosecutors in forfeiture procedures;
(2) best practices for timely and fair resolution of forfeiture cases;
(3) type and frequency of training for prosecutors on forfeiture laws;
and
(4) situations in which forfeitures should not be pursued.
(c) By December 1, 2010, the Minnesota County Attorneys
Association and the Peace Officer Standards and Training Board shall
forward an electronic copy of its respective model policy to the chairs and
ranking minority members of the senate and house of representatives
committees having jurisdiction over criminal justice and civil law policy.
(d) By March 1, 2011, the chief law enforcement officer of every state
and local law enforcement agency and every prosecution office in the
state shall adopt and implement a written policy on forfeiture that is
identical or substantially similar to the model policies developed under
paragraphs (a) and (b). The written policy shall be made available to the
public upon request.
Subd. 9. Transfer of forfeitable property to federal government. The
appropriate agency shall not directly or indirectly transfer property subject to
forfeiture under sections 609.531 to 609.5318 to a federal agency for adoption
if the forfeiture would be prohibited under state law.

609.5311 FORFEITURE OF PROPERTY ASSOCIATED WITH

CONTROLLED SUBSTANCES.
Subdivision 1. Controlled substances. All controlled substances that
were manufactured, distributed, dispensed, or acquired in violation of chapter
152 are subject to forfeiture under this section, except as provided in
subdivision 3 and section 609.5316.
Subd. 2. Associated property. (a) All personal property and real
property, other than homestead property exempt from seizure under section
510.01, that is an instrument or represents the proceeds of a controlled
substance offense is subject to forfeiture under this section, except as
provided in subdivision 3.

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 (b) The Department of Corrections’ Fugitive Apprehension Unit shall not
seize real property for the purposes of forfeiture under paragraph (a).
Subdivision 2 was found unconstitutional as applied to homestead property in
Torgelson v. Real Property, 749 N.W.2d 24 (Minn.2008).
(c) Money is the property of an appropriate agency and may be seized
and recovered by the appropriate agency if:
(1) the money is used by an appropriate agency, or furnished to a person
operating on behalf of an appropriate agency, to purchase or attempt to
purchase a controlled substance; and
(2) the appropriate agency records the serial number or otherwise marks
the money for identification.
As used in this paragraph, "money" means United States currency and
coin; the currency and coin of a foreign country; a bank check, cashier's check,
or traveler's check; a prepaid credit card; cryptocurrency; or a money order.
Subd. 3. Limitations on forfeiture of certain property associated with
controlled substances. (a) A conveyance device is subject to forfeiture under
this section only if the retail value of the controlled substance is $100 or more
and the conveyance device was used in the transportation or exchange of a
controlled substance intended for distribution or sale.
(b) Real property is subject to forfeiture under this section only if the retail
value of the controlled substance or contraband is $2,000 or more.
(c) Property used by any person as a common carrier in the transaction
of business as a common carrier is subject to forfeiture under this section only
if the owner of the property is a consenting party to, or is privy to, the use or
intended use of the property as described in subdivision 2.
(d) Property is subject to forfeiture under this section only if its owner was
privy to the use or intended use described in subdivision 2, or the unlawful use
or intended use of the property otherwise occurred with the owner's knowledge
or consent.
(e) Forfeiture under this section of a conveyance device or real property
encumbered by a bona fide security interest is subject to the interest of the
secured party unless the secured party had knowledge of or consented to the
act or omission upon which the forfeiture is based. A person claiming a
security interest bears the burden of establishing that interest by clear and
convincing evidence.
(f) Forfeiture under this section of real property is subject to the interests
of a good faith purchaser for value unless the purchaser had knowledge of or
consented to the act or omission upon which the forfeiture is based.
(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to
forfeiture based solely on the owner's or secured party's knowledge of the
unlawful use or intended use of the property if: (1) the owner or secured party
took reasonable steps to terminate use of the property by the offender; or (2)
the property is real property owned by the parent of the offender, unless the
parent actively participated in, or knowingly acquiesced to, a violation of
chapter 152, or the real property constitutes proceeds derived from or
traceable to a use described in subdivision 2.
(h) Money is subject to forfeiture under this section only if it has a total
value of $1,500 or more or there is probable cause to believe that the money
was exchanged for the purchase of a controlled substance. As used in this
paragraph, "money" means United States currency and coin; the currency and

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coin of a foreign country; a bank check, cashier's check, or traveler's check; a

prepaid credit card; cryptocurrency; or a money order.
(i) The Department of Corrections’ Fugitive Apprehension Unit shall not
seize a conveyance device or real property, for the purposes of forfeiture
under paragraphs (a) to (g).
(j) Nothing in this subdivision prohibits the seizure, with or without warrant,
of any property or thing for the purpose of being produced as evidence on any
trial or for any other lawful purpose.
Subd. 4. Records; proceeds. All books, records, and research products
and materials, including formulas, microfilm, tapes, and data that are used, or
intended for use in the manner described in subdivision 2 are subject to
forfeiture.
609.5312 FORFEITURE OF PROPERTY ASSOCIATED WITH
DESIGNATED OFFENSES.
Subdivision 1. Property subject to forfeiture. (a) All personal property
is subject to forfeiture if it was used or intended for use to commit or facilitate
the commission of a designated offense. All money and other property, real
and personal, that represent proceeds of a designated offense, and all
contraband property, are subject to forfeiture, except as provided in this
section.
(b) All money used or intended to be used to facilitate the commission of
a violation of section 609.322 or 609.324 or a violation of a local ordinance
substantially similar to section 609.322 or 609.324 is subject to forfeiture.
(c) The Department of Corrections Fugitive Apprehension Unit shall not
seize real property for the purposes of forfeiture under paragraph (a).
Subd. 1a. Computers and related property subject to forfeiture. (a)
As used in this subdivision, “property” has the meaning given in section
609.87, subdivision 6.
(b) When a computer or a component part of a computer is used or
intended for use to commit or facilitate the commission of a designated
offense, the computer and all software, data, and other property contained in
the computer are subject to forfeiture unless prohibited by the Privacy
Protection Act, United States Code, title 42, sections 2000aa to 2000aa -12,
or other state or federal law.
(c) Regardless of whether a forfeiture action is initiated following the lawful
seizure of a computer and related property, if the appropriate agency returns
hardware, software, data, or other property to the owner, the agency may
charge the owner for the cost of separating contraband from the computer or
other property returned, including salary and contract costs. The agency may
not charge these costs to an owner of a computer or related property who was
not privy to the act or omission upon which the seizure was based, or who did
not have knowledge of or consent to the act or omission, if the owner:
(1) requests from the agency copies of specified legitimate data files and
provides sufficient storage media; or
(2) requests the return of a computer or other property less data storage
devices on which contraband resides.
Subd. 2. Limitations on forfeiture of property associated with
designated offenses. (a) Property used by a person as a common carrier in
the transaction of business as a common carrier is subject to forfeiture under

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this section only if the owner of the property is a consenting party to, or is privy
to, the commission of a designated offense.
(b) Property is subject to forfeiture under this section only if the owner
was privy to the act or omission upon which the forfeiture is based, or the act
or omission occurred with the owner's knowledge or consent.
(c) Property encumbered by a bona fide security interest is subject to the
interest of the secured party unless the party had knowledge of or consented
to the act or omission upon which the forfeiture is based. A person claiming a
security interest bears the burden of establishing that interest by clear and
convincing evidence.
(d) Notwithstanding paragraphs (b) and (c), property is not subject to
forfeiture based solely on the owner's or secured party's knowledge of the act
or omission upon which the forfeiture is based if the owner or secured party
took reasonable steps to terminate use of the property by the offender.
Subd. 3. Vehicle forfeiture for prostitution offenses. (a) A motor
vehicle is subject to forfeiture under this subdivision if it was used to commit
or facilitate, or used during the commission of, a violation of section 609.324
or a violation of a local ordinance substantially similar to section 609.324. A
motor vehicle is subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the offense. Except as
otherwise provided in this subdivision, a forfeiture under this subdivision is
governed by sections 609.531, 609.5312, and 609.5313.
(b) When a motor vehicle subject to forfeiture under this subdivision is
seized in advance of a judicial forfeiture order, a hearing before a judge or
referee must be held within 96 hours of the seizure. Notice of the hearing
must be given to the registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in advance of the hearing,
that it has filed or intends to file charges against the alleged violator for
violating section 609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order that the motor
vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification required by
paragraph (b);
(2) the owner of the motor vehicle has demonstrated to the court's
satisfaction that the owner has a defense to the forfeiture, including but not
limited to the defenses contained in subdivision 2; or
(3) the court determines that seizure of the vehicle creates or would create
an undue hardship for members of the owner's family.
(c) If the defendant is acquitted or prostitution charges against the
defendant are dismissed, neither the owner nor the defendant is responsible
for paying any costs associated with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a
period of 180 days or less is not subject to forfeiture under this subdivision.
(e) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered
owner is made; or
(2) at the date when the registered owner has been notified by certified
mail at the address listed in the Minnesota Department of Public Safety
computerized motor vehicle registration records.

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(f) The Department of Corrections’ Fugitive Apprehension Unit shall not

participate in paragraph (a) to (e).
Subd. 4. Vehicle forfeiture for fleeing a peace officer. (a) A motor
vehicle is subject to forfeiture under this subdivision if it was used to commit a
violation of section 609.487 and endanger life or property. A motor vehicle is
subject to forfeiture under this subdivision only if the offense is established by
proof of a criminal conviction for the offense. Except as otherwise provided in
this subdivision, a forfeiture under this subdivision is governed by sections
609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this subdivision is
seized in advance of a judicial forfeiture order, a hearing before a judge or
referee must be held within 96 hours of the seizure. Notice of the hearing
must be given to the registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in advance of the hearing,
that it has filed or intends to file charges against the alleged violator for
violating section 609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification required by this
paragraph;
(2) the owner of the motor vehicle has demonstrated to the court’s
satisfaction that the owner has a defense to the forfeiture, including but not
limited to the defenses contained in subdivision 2; or
(3) the court determines that seizure of the vehicle creates or would
create an undue hardship for members of the owner’s family.
(c) If the defendant is acquitted or the charges against the defendant are
dismissed, neither the owner nor the defendant is responsible for paying any
costs associated with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a
period of 180 days or less is not subject to forfeiture under this subdivision.
(e) A motor vehicle that is an off-road recreational vehicle as defined in
section 169A.03, subdivision 16, or a motorboat as defined in section 169A.03,
subdivision 13, is not subject to paragraph (b).
(f) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered
owner is made; or
(2) at the date when the registered owner has been notified by certified
mail at the address listed in the Minnesota Department of Public Safety
computerized motor vehicle registration records.
(g) The Department of Corrections’ Fugitive Apprehension Unit shall not
seize a motor vehicle for the purposes of forfeiture under paragraphs (a) to (f).

609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.

(a) The forfeiture of property under sections 609.5311 and 609.5312 is
governed by this section. A separate complaint must be filed against the
property stating the act, omission, or occurrence giving rise to the forfeiture
and the date and place of the act or occurrence. Within 60 days from when
the seizure occurs, the county attorney shall notify the owner or possessor of
the property of the action, if known or readily ascertainable. The action must
be captioned in the name of the county attorney or the county attorney's
designee as plaintiff and the property as defendant. Upon motion by the

181
county attorney, a court may extend the time period for sending notice for a
period not to exceed 90 days for good cause shown.
(b) If notice is not sent in accordance with paragraph (a), and no time
extension is granted or the extension period has expired, the appropriate
agency shall return the property to the person from whom the property was
seized, if known. An agency’s return of property due to lack of proper notice
does not restrict the right of the agency to commence a forfeiture proceeding
at a later time. The agency shall not be required to return contraband or other
property that the person from whom the property was seized may not legally
possess.

609.5314 ADMINISTRATIVE FORFEITURE OF CERTAIN

PROPERTY SEIZED IN CONNECTION WITH A CONTROLLED
SUBSTANCES SEIZURE.
Subdivision 1. Property subject to administrative forfeiture. (a) The
following are subject to administrative forfeiture under this section:
(1) all money totaling $1,500 or more, precious metals, and precious
stones that there is probable cause to believe represent the proceeds of a
controlled substance offense:
(2) all money found in proximity to controlled substances when there is
probable cause to believe that the money was exchanged for the purchase of
a controlled substance;
(3) all conveyance devices containing controlled substances with a retail
value of $100 or more if there is probable cause to believe that the conveyance
device was used in the transportation or exchange of a controlled substance
intended for distribution or sale; and
(4) all firearms, ammunition, and firearm accessories found:
(i) in a conveyance device used or intended for use to commit or facilitate
the commission of a felony offense involving a controlled substance;
(ii) on or in proximity to a person from whom a felony amount of controlled
substance is seized; or
(iii) on the premises where a controlled substance is seized and in
proximity to the controlled substance, if possession or sale of the controlled
substance would be a felony under chapter 152.
(b) The Department of Corrections’ Fugitive Apprehension Unit shall not
seize items listed in clauses (3) and (4) for the purposes of forfeiture.
(c) Money is the property of an appropriate agency and may be seized
and recovered by the appropriate agency if:
(1) the money is used by an appropriate agency, or furnished to a person
operating on behalf of an appropriate agency, to purchase or attempt to
purchase a controlled substance; and
(2) the appropriate agency records the serial number or otherwise marks
the money for identification.
(d) As used in this section, "money" means United States currency and
coin; the currency and coin of a foreign country; a bank check, cashier's check,
or traveler's check; a prepaid credit card; cryptocurrency; or a money order.
Subd. 1a. Innocent owner. (a) Any person, other than the defendant
driver, alleged to have used a vehicle in the transportation or exchange of a
controlled substance intended for distribution or sale, claiming an ownership

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interest in a vehicle that has been seized or restrained under this section may
assert that right by notifying the prosecuting authority in writing and within 60
days of the service of the notice of seizure.
(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting
authority may release the vehicle to the asserting person. If the prosecuting
authority proceeds with the forfeiture, the prosecuting authority must, within
30 days, file a separate complaint in the name of the jurisdiction pursuing the
forfeiture against the vehicle, describing the vehicle, specifying that the vehicle
was used in the transportation or exchange of a controlled substance intended
for distribution or sale, and specifying the time and place of the vehicle's
unlawful use. The complaint may be filed in district court or conciliation court
and the filing fee is waived.
(c) A complaint filed by the prosecuting authority must be served on the
asserting person and on any other registered owners. Service may be made
by certified mail at the address listed in the Department of Public Safety's
computerized motor vehicle registration records or by any means permitted by
court rules.
(d) The hearing on the complaint shall, to the extent practicable, be held
within 30 days of the filing of the petition. The court may consolidate the
hearing on the complaint with a hearing on any other complaint involving a
claim of an ownership interest in the same vehicle.
(e) At a hearing held pursuant to this subdivision, the state must prove by
a preponderance of the evidence that:
(1) the seizure was incident to a lawful arrest or a lawful search; and
(2) the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale.
(f) At a hearing held pursuant to this subdivision, the asserting person
must prove by a preponderance of the evidence that the asserting person:
(1) has an actual ownership interest in the vehicle; and
(2) did not have actual or constructive knowledge that the vehicle would
be used or operated in any manner contrary to law or that the asserting person
took reasonable steps to prevent use of the vehicle by the alleged offender.
(g) If the court determines that the state met both burdens under
paragraph (e) and the asserting person failed to meet any burden under
paragraph (f), the court shall order that the vehicle remains subject to forfeiture
under this section.
(h) The court shall order that the vehicle is not subject to forfeiture under
this section and shall order the vehicle returned to the asserting person if it
determines that:
(1) the state failed to meet any burden under paragraph (e);
(2) the asserting person proved both elements under paragraph (f); or
(3) clauses (1) and (2) apply.
(i) If the court determines that the asserting person is an innocent owner
and orders the vehicle returned to the innocent owner, an entity in possession
of the vehicle is not required to release the vehicle until the innocent owner
pays:
(1) the reasonable costs of the towing, seizure, and storage of the vehicle
incurred before the innocent owner provided the notice required under
paragraph (a); and

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 (2) any reasonable costs of storage of the vehicle incurred more than two
weeks after an order issued under paragraph (h).
Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of
property described in subdivision 1 that does not exceed $50,000 in value is
governed by this subdivision. Within 60 days from when seizure occurs, all
persons known to have an ownership, possessory, or security interest in
seized property must be notified of the seizure and the intent to forfeit the
property. In the case of a motor vehicle required to be registered under
chapter 168, notice mailed by certified mail to the address shown in
department of public safety records is deemed sufficient notice to the
registered owner. The notification to a person known to have a security
interest in seized property required under this paragraph applies only to motor
vehicles required to be registered under chapter 168 and only if the security
interest is listed on the vehicle’s title. Upon motion by the appropriate agency
or the prosecuting authority, a court may extend the time period for sending
notice for a period not to exceed 90 days for good cause shown.
(b) Notice may otherwise be given in the manner provided by law for
service of a summons in a civil action. The notice must be in writing and
contain:
(1) a description of the property seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the
procedure for obtaining that judicial review, printed in English. This
requirement does not preclude the appropriate agency from printing the notice
in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the property was
seized, you will automatically lose the above-described property and
the right to be heard in court if you do not file a lawsuit and serve the
prosecuting authority within 60 days. You may file your lawsuit in
conciliation court if the property is worth $15,000 or less; otherwise, you
must file in district court. You do not have to pay a filing fee for your
lawsuit.
WARNING: If you have an ownership interest in the above-described
property and were not the person arrested when the property was seized,
you will automatically lose the above-described property and the right to
be heard in court if you do not notify the prosecuting authority of your
interest in writing within 60 days."
(c) If notice is not sent in accordance with paragraph (a), and no time
extension is granted or the extension period has expired, the appropriate
agency shall return the property to the person from whom the property
was seized, if known. An agency's return of property due to lack of proper
notice does not restrict the agency’s authority to commence a forfeiture
proceeding at a later time. The agency shall not be required to return
contraband or other property that the person from whom the property was
seized may not legally possess.
Subd. 3. Judicial determination. (a) Within 60 days following service of
a notice of seizure and forfeiture under this section, a claimant may file a
demand for a judicial determination of the forfeiture. The demand must be in
the form of a civil complaint and must be filed with the court administrator in

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the county in which the seizure occurred, together with proof of service of a
copy of the complaint on the prosecuting authority for that county. The
claimant may serve the complaint on the prosecuting authority by any means
permitted by court rules. If the value of the seized property is $15,000 or less,
the claimant may file an action in conciliation court for recovery of the seized
property. The claimant does not have to pay the court filing fee. No responsive
pleading is required of the prosecuting authority and no court fees may be
charged for the prosecuting authority’s appearance in the matter. The district
court administrator shall schedule the hearing as soon as practicable after,
and in any event no later than 90 days following, the conclusion of the criminal
prosecution. The proceedings are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as
plaintiff and the seized property as defendant, and must state with specificity
the grounds on which the claimant alleges the property was improperly seized
and the plaintiff's interest in the property seized. Notwithstanding any law to
the contrary, an action for the return of property seized under this section may
not be maintained by or on behalf of any person who has been served with a
notice of seizure and forfeiture unless the person has complied with this
subdivision.
(c) If the claimant makes a timely demand for judicial determination under
this subdivision, the appropriate agency must conduct the forfeiture under
section 609.531, subdivision 6a. The limitations and defenses set forth in
section 609.5311, subdivision 3, apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is
filed under this subdivision and the court orders the return of the seized
property, the court may order sanctions under section 549.211. If the court
orders payment of these costs, they must be paid from forfeited money or
proceeds from the sale of forfeited property from the appropriate law
enforcement and prosecuting agencies in the same proportion as they would
be distributed under section 609.5315, subdivision 5.

609.5315 DISPOSITION OF FORFEITED PROPERTY.

Subdivision 1. Disposition. (a) Subject to paragraph (b), if the court
finds under section 609.5313, 609.5314, or 609.5318 that the property is
subject to forfeiture, it shall order the appropriate agency to do one of the
following:
(1) unless a different disposition is provided under clause (3) or (4), either
destroy firearms, ammunition, and firearm accessories that the agency
decides not to use for law enforcement purposes under clause (8), or sell
them to federally licensed firearms dealers, as defined in section 624.7161,
subdivision 1, and distribute the proceeds under subdivision 5 or 5b;
(2) sell property that is not required to be destroyed by law and is not
harmful to the public and distribute the proceeds under subdivision 5 or 5b;
(3) sell antique firearms, as defined in section 624.712, subdivision 3, to
the public and distribute the proceeds under subdivision 5 or 5b;
(4) destroy or use for law enforcement purposes semiautomatic military-
style assault weapons, as defined in section 624.712, subdivision 7;
(5) take custody of the property and remove it for disposition in
accordance with law;
(6) forward the property to the federal drug enforcement administration;

185
 (7) disburse money as provided under subdivision 5, 5b, or 5c; or
(8) keep property other than money for official use by the agency and the
prosecuting agency.
(b) Notwithstanding paragraph (a), the Hennepin or Ramsey county sheriff
may not sell firearms, ammunition, or firearms accessories if the policy is
disapproved by the applicable county board.
(c) If property is sold under paragraph (a), the appropriate agency shall
not sell property to: (1) an officer or employee of the agency that seized the
property or to a person related to the officer or employee by blood or marriage;
or (2) the prosecuting authority or any individual working in the same office or
a person related to the authority or individual by blood or marriage.
(d) Sales of forfeited property under this section must be conducted in a
commercially reasonable manner.
Subd. 2. Disposition of administratively forfeited property. If property
is forfeited administratively under section 609.5314 or 609.5318 and no
demand for judicial determination is made, the appropriate agency shall
provide the county attorney with a copy of the forfeiture or evidence receipt,
the notice of seizure and intent to forfeit, a statement of probably cause for
forfeiture of the property, and a description of the property and its estimated
value. Upon review and certification by the county attorney that (1) the
appropriate agency provided a receipt in accordance with section 609.531,
subdivision 4, or 626.16; (2) the appropriate agency served notice in
accordance with section 609.5314, subdivision 2, or 609.5318, subdivision 2;
and (3) probable cause for forfeiture exists based on the officer’s statement,
the appropriate agency may dispose of the property in any of the ways listed
in subdivision 1.
Subd. 3. Use by law enforcement. (a) Property kept under this section
may be used only in the performance of official duties of the appropriate
agency or prosecuting agency and may not be used for any other purpose. If
an appropriate agency keeps a forfeited motor vehicle for official use, it shall
make reasonable efforts to ensure that the motor vehicle is available for use
and adaptation by the agency's officers who participate in the drug abuse
resistance education program.
(b) Proceeds from the sale of property kept under this subdivision must
be disbursed as provided in subdivision 5.
Subd. 4. Distribution of proceeds of the offense. Property that
consists of proceeds derived from or traced to the commission of a designated
offense or a violation of section 609.66, subdivision 1e, must be applied first
to payment of seizure, storage, forfeiture, and sale expenses, and to satisfy
valid liens against the property; and second, to any court-ordered restitution
before being disbursed as provided under subdivision 5.
Subd. 5. Distribution of money. The money or proceeds from the sale
of forfeited property, after payment of seizure, storage, forfeiture, and sale
expenses, and satisfaction of valid liens against the property, must be
distributed as follows:
(1) 70 percent of the money or proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the agency's operating fund
or similar fund for use in law enforcement, training, education, crime
prevention, equipment, or capital expenses;

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(2) 20 percent of the money or proceeds must be forwarded to the

prosecuting authority that handled the forfeiture for deposit as a supplement
to its operating fund or similar fund for prosecutorial purposes, training,
education, crime prevention, equipment, or capital expenses; and
(3) the remaining ten percent of the money or proceeds must be forwarded
within 60 days after resolution of the forfeiture to the state treasury and
credited to the general fund. Any local police relief association organized
under chapter 423 which received or was entitled to receive the proceeds of
any sale made under this section before the effective date of Laws 1988,
chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds
of these sales.
Subd. 5a. Disposition of certain forfeited proceeds; prostitution. The
proceeds from the sale of motor vehicles forfeited under section 609.5312,
subdivision 3, after payment of seizure, storage, forfeiture, and sale expenses,
and satisfaction of valid liens against the vehicle, shall be distributed as
follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate
agency for deposit as a supplement to the agency's operating fund or similar
fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating
fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the
city treasury for distribution to neighborhood crime prevention programs.
Subd. 5b. Disposition of certain forfeited proceeds; trafficking of
persons. Except as provided in subdivision 5c, for forfeitures resulting from
violations of section 609.282, 609.283, or 609.322, the money or proceeds
from the sale of forfeited property, after payment of seizure, storage, forfeiture,
and sale expenses, and satisfaction of valid liens against the property, must
be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate
agency for deposit as a supplement to the agency’s operating fund or similar
fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating
fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the
commissioner of health and are appropriated to the commissioner for
distribution to crime victims services organizations that provide services to
victims of trafficking offenses.
Subd. 5c. Disposition of money; prostitution. Money forfeited under
section 609.5312, subdivision 1, paragraph (b), must be distributed as follows:
(1) 40 percent must be forwarded to the appropriate agency for deposit
as a supplement to the agency’s operating fund or similar fund for use in law
enforcement;
(2) 20 percent must be forwarded to the prosecuting authority that handled
the forfeiture for deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes; and
(3) the remaining 40 percent must be forwarded to the commissioner of
health to be deposited in the safe harbor for youth account in the special

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revenue fund and are appropriated to the commissioner for distribution to
crime victims services organizations that provide services to sexually exploited
youth, as defined in section 260C.007, subdivision 31.
Subd. 6. Reporting requirement. (a) For each forfeiture occurring in
the state regardless of the authority for it and including forfeitures pursued
under federal law, the appropriate agency and the prosecutor shall provide a
written record of the forfeiture incident to the state auditor. The record shall
include:
(1) the amount forfeited;
(2) the statutory authority for the forfeiture;
(3) the date of the forfeiture;
(4) a brief description of the circumstances involved;
(5) whether the forfeiture was contested;
(6) whether the defendant was convicted pursuant to a plea agreement or
a trial;
(7) whether there was a forfeiture settlement agreement;
(8) whether the property was sold, destroyed, or retained by an
appropriate agency;
(9) the gross revenue from the disposition of the forfeited property;
(10) an estimate of the total costs to the agency to store the property in
an impound lot, evidence room, or other location; pay for the time and
expenses of an appropriate agency and prosecuting authority to litigate
forfeiture cases; and sell or dispose of the forfeited property;
(11) the net revenue, determined by subtracting the costs identified under
clause (10) from the gross revenue identified in clause (9), the appropriate
agency received from the disposition of forfeited property;
(12) if any property was retained by an appropriate agency, the purpose
for which it is used;
(13) for controlled substance and driving while impaired forfeitures,
whether the forfeiture was initiated as an administrative or a judicial forfeiture;
(14) the number of firearms forfeited and the make, model, and serial
number of each firearm forfeited; and
(15) how the property was or is to be disposed of.
(b) An appropriate agency or the prosecutor shall report to the state
auditor all instances in which property seized for forfeiture is returned to its
owner either because forfeiture is not pursued or for any other reason.
(c) Each appropriate agency and prosecuting authority shall provide a
written record regarding the proceeds of forfeited property, including proceeds
received through forfeiture under state and federal law. The record shall
include:
(1) the total amount of money or proceeds from the sale of forfeited
property obtained or received by an appropriate agency or prosecuting
authority in the previous reporting period;
(2) the manner in which each appropriate agency and prosecuting
authority expended money or proceeds from the sale of forfeited property in
the previous reporting period, including the total amount expended in the
following categories:
(i) drug abuse, crime, and gang prevention programs;
(ii) victim reparations;

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(iii) gifts or grants to crime victim service organizations that provide

services to sexually exploited youth;
(iv) gifts or grants to crime victim service organizations that provide
services to victims of trafficking offenses;
(v) investigation costs, including but not limited to witness protection,
informant fees, and controlled buys;
(vi) court costs and attorney fees;
(vii) salaries, overtime, and benefits, as permitted by law;
(viii) professional outside services, including but not limited to auditing,
court reporting, expert witness fees, outside attorney fees, and membership
fees paid to trade associations;
(ix) travel, meals, and conferences;
(x) training and continuing education;
(xi) other operating expenses, including but not limited to office supplies,
postage, and printing;
(xii) capital expenditures, including but not limited to vehicles, firearms,
equipment, computers, and furniture;
(xiii) gifts or grants to nonprofit or other programs, indicating the recipient
of the gift or grant; and
(xiv) any other expenditure, indicating the type of expenditure and, if
applicable, the recipient of any gift or grant;
(3) the total value of seized and forfeited property held by an appropriate
agency and not sold or otherwise disposed of; and
(4) a statement from the end of each year showing the balance of any
designated forfeiture accounts maintained by an appropriate agency or
prosecuting authority.
(d) Reports under paragraphs (a) and (b) shall be made on a quarterly
basis in a manner prescribed by the state auditor and reports under paragraph
(c) shall be made on an annual basis in a manner prescribed by the state
auditor. The state auditor shall report annually to the legislature on the nature
and extent of forfeitures., including the information provided by each
appropriate agency or prosecuting authority under paragraphs (a) to (c).
Summary data on seizures, forfeitures, and expenditures of forfeiture
proceeds shall be disaggregated by each appropriate agency and prosecuting
authority. The report shall be made public on the state auditor's website.
(e) For forfeitures resulting from the activities of multijurisdictional law
enforcement entities, the entity on its own behalf shall report the information
required in this subdivision.
(f) The prosecuting authority is not required to report information required
by paragraph (a) or (b) unless the prosecutor has been notified by the state
auditor that the appropriate agency has not reported it.
Subd. 7. Firearms. The agency shall make best efforts for a period of
90 days after the seizure of an abandoned or stolen firearm to protect the
firearm from harm and return it to the lawful owner.

609.5316 SUMMARY FORFEITURES.

Subdivision 1. Contraband. Except as otherwise provided in this
subdivision, if the property is contraband, the property must be summarily
forfeited and either destroyed or used by the appropriate agency for law
enforcement purposes. Upon summary forfeiture, weapons used must be

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destroyed by the appropriate agency unless the agency decides to use the
weapons for law enforcement purposes or sell the weapons in a commercially
reasonable manner to federally licensed firearms dealers, as defined in
section 624.7161, subdivision 1. If a weapon is sold under this subdivision,
the proceeds must be distributed under section 609.5315, subdivision 5 or 5b.
Subd. 2. Controlled substances. (a) Controlled substances listed in
schedule I that are possessed, transferred, sold, or offered for sale in violation
of chapter 152, are contraband and must be seized and summarily forfeited.
Controlled substances listed in schedule I that are seized or come into the
possession of peace officers, the owners of which are unknown, are
contraband and must be summarily forfeited.
(b) Species of plants from which controlled substances in schedules I and
II may be derived that have been planted or cultivated in violation of chapter
152 or of which the owners or cultivators are unknown, or that are wild growths,
may be seized and summarily forfeited to the state. The appropriate agency
or its authorized agent may seize the plants if the person in occupancy or in
control of land or premises where the plants are growing or being stored fails
to produce an appropriate registration or proof that the person is the holder of
appropriate registration.
Subd. 3. Weapons, telephone cloning paraphernalia, automated
sales suppression devices, and bullet-resistant vests. Weapons used are
contraband and must be summarily forfeited to the appropriate agency upon
conviction of the weapon's owner or possessor for a controlled substance
crime; for any offense of this chapter or chapter 624, or for a violation of an
order for protection under section 518B.01, subdivision 14. Bullet-resistant
vests, as defined in section 609.486, worn or possessed during the
commission or attempted commission of a crime are contraband and must be
summarily forfeited to the appropriate agency upon conviction of the owner or
possessor for a controlled substance crime or for any offense of this chapter.
Telephone cloning paraphernalia used in a violation of section 609.894, and
automated sales suppression devices, phantom-ware, and other devices
containing an automated sales suppression or phantom-ware device or
software used in violation of section 289A.63 subdivision 12, are contraband
and must be summarily forfeited to the appropriate agency upon a conviction.

609.5317 Repealed, 2021 c 11 a 5 s 22

609.5318 FORFEITURE OF VEHICLES USED IN DRIVE-BY

SHOOTINGS.
Subdivision 1. Motor vehicles subject to forfeiture. (a) If the
prosecuting authority establishes by clear and convincing evidence that a
motor vehicle was used in a violation of section 609.66, subdivision 1e, the
vehicle is subject to forfeiture under this section upon a conviction for the same
offense.
(b) The Department of Corrections’ Fugitive Apprehension Unit shall not
seize a motor vehicle for the purposes of forfeiture under paragraph (a).
Subd. 2. Notice. (a) The registered owner of the vehicle must be notified
of the seizure and intent to forfeit the vehicle within seven days after the

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seizure. Notice by certified mail to the address shown in department of public

safety records is deemed to be sufficient notice to the registered owner.
(b) The notice must be in writing and:
(1) contain a description of the property seized;
(2) contain the date of seizure; and
(3) be printed in English. This requirement does not preclude the
appropriate agency from printing the notice in other languages in addition to
English.
(c) Substantially, the following language must appear conspicuously in the
notice:
"WARNING: You will automatically lose the above-described property and
the right to be heard in court if you do not file a lawsuit and serve the
prosecuting authority within 60 days. You may file your lawsuit in conciliation
court if the property is worth $15,000 or less; otherwise, you must file in district
court. You may not have to pay a filing fee for your lawsuit if you are unable to
afford the fee. You do not have to pay a conciliation court fee if your property
is worth less than $500."
Subd. 3. Hearing. (a) Within 60 days following service of a notice of
seizure and forfeiture, a claimant may demand a judicial determination of the
forfeiture. If a related criminal proceeding is pending, the 60-day period begins
to run at the conclusion of those proceedings.
(b) The demand must be in the form of a civil complaint as provided in
section 609.5314, subdivision 3, except as otherwise provided in this section.
(c) If the claimant makes a timely demand for judicial determination under
this subdivision, the appropriate agency must conduct the forfeiture under
subdivision 4.
Subd. 4. Procedure. (a) If a judicial determination of the forfeiture is
requested, a separate complaint must be filed against the vehicle, stating the
specific act giving rise to the forfeiture and the date, time, and place of the act.
The action must be captioned in the name of the county attorney or the county
attorney's designee as plaintiff and the property as defendant.
(b) If a demand for judicial determination of an administrative forfeiture is
filed and the court orders the return of the seized property, the court shall order
that filing fees be reimbursed to the person who filed the demand. In addition,
the court may order the payment of reasonable costs, expenses, attorney fees,
and towing and storage fees. If the court orders payment of these costs, they
must be paid from forfeited money or proceeds from the sale of forfeited
property from the appropriate law enforcement and prosecuting agencies in
the same proportion as they would be distributed under section 609.5315,
subdivision 5.
Subd. 5. Limitations. (a) A vehicle used by a person as a common carrier
in the transaction of business as a common carrier is subject to forfeiture under
this section only if the owner is a consenting party to, or is privy to, the
commission of the act giving rise to the forfeiture.
(b) A vehicle is subject to forfeiture under this section only if the registered
owner was privy to the act upon which the forfeiture is based, the act occurred
with the owner's knowledge or consent, or the act occurred due to the owner's
gross negligence in allowing another to use the vehicle.
(c) A vehicle encumbered by a bona fide security interest is subject to the
interest of the secured party unless the party had knowledge of or consented

191
to the act upon which the forfeiture is based. A person claiming a security
interest bears the burden of establishing that interest by clear and convincing
evidence.

609.5319 FINANCIAL INSTITUTION SECURED INTEREST.

Property that is subject to a bona fide security interest, based upon a loan
or other financing arranged by a bank, credit union, or any other financial
institution, is subject to the interest of the bank, credit union, or other financial
institution in any forfeiture proceeding that is based upon a violation of any
provision of this chapter or the commission of any other criminal act. The
security interest must be established by clear and convincing evidence.

609.532 ATTACHMENT OF DEPOSITED FUNDS.

Subdivision 1. Attachment. Upon application by the prosecuting
authority, a court may issue an attachment order directing a financial institution
to freeze some or all of the funds or assets deposited with or held by the
financial institution by or on behalf of an account holder charged with the
commission of a felony.
Subd. 2. Application. The application of the prosecuting authority
required by this section must contain:
(1) a copy of a criminal complaint issued by a court of competent
jurisdiction that alleges the commission of a felony by the account holder;
(2) a statement of the actual financial loss caused by the account holder
in the commission of the alleged felony, if not already stated in the complaint;
and
(3) identification of the account holder's name and financial institution
account number.
Subd. 3. Issuance of a court order. If the court finds that (1) there is
probable cause that the account holder was involved in the commission of a
felony; (2) the accounts of the account holder are specifically identified; (3)
there was a loss of $10,000 or more as a result of the commission of the
alleged felony; and (4) it is necessary to freeze the account holder's funds or
assets to ensure eventual restitution to victims of the alleged offense, the court
may order the financial institution to freeze all or part of the account holder's
deposited funds or assets so that the funds or assets may not be withdrawn
or disposed of until further order of the court.
Subd. 4. Duty of financial institutions. Upon receipt of the order
authorized by this section, a financial institution must not permit any funds or
assets that were frozen by the order to be withdrawn or disposed of until further
order of the court.
Subd. 5. Release of funds. (a) The account holder may, upon notice
and motion, have a hearing to contest the freezing of funds or assets and to
seek the release of all or part of them.
(b) The account holder is entitled to an order releasing the freeze by
showing:
(1) that the account holder has posted a bond or other adequate surety,
guaranteeing that, upon conviction, adequate funds or assets will be available
to pay complete restitution to victims of the alleged offense;

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(2) that there is no probable cause to believe that the account holder was
involved in the alleged offense;
(3) that the amount of funds or assets frozen is more than is necessary
to pay complete restitution to all victims of the alleged offense;
(4) that a joint account holder who is not involved in the alleged criminal
activity has deposited all or part of the funds or assets; or
(5) that the funds or assets should be returned in the interests of justice.
(c) It is not grounds for the release of funds or assets that the particular
accounts frozen do not contain funds or assets that were proceeds from or
used in the commission of the alleged offense.
Subd. 6. Disposition of funds. (a) If the account holder is convicted of
a felony or a lesser offense, the funds or assets may be used to pay complete
restitution to victims of the offense. The court may order the financial
institution to remit all or part of the frozen funds or assets to the court.
(b) If the account holder is acquitted or the charges are dismissed, the
court must issue an order releasing the freeze on the funds or assets.
Subd. 7. Time limit. The freeze permitted by this section expires 24
months after the date of the court's initial attachment order unless the time
limit is extended by the court in writing upon a showing of good cause by the
prosecution.
Subd. 8. Notice. Within ten days after a court issues an attachment order
under this section, the prosecutor shall send a copy of the order to the account
holder's last known address or to the account holder's attorney, if known.

609.535 ISSUANCE OF DISHONORED CHECKS.

Subdivision 1. Definitions. For the purpose of this section, the following
terms have the meanings given them.
(a) "Check" means a check, draft, order of withdrawal, or similar
negotiable or nonnegotiable instrument.
(b) "Credit" means an arrangement or understanding with the drawee for
the payment of a check.
Subd. 2. Acts constituting. Whoever issues a check which, at the time
of issuance, the issuer intends shall not be paid, is guilty of issuing a
dishonored check and may be sentenced as provided in subdivision 2a. In
addition, restitution may be ordered by the court.
Subd. 2a. Penalties. (a) A person who is convicted of issuing a
dishonored check under subdivision 2 may be sentenced as follows:
(1) to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if the value of the dishonored check, or
checks aggregated under paragraph (b), is more than $500;
(2) to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both, if the value of the dishonored check, or checks
aggregated under paragraph (b), is more than $250 but not more than $500;
or
(3) to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both, if the value of the dishonored check, or checks
aggregated under paragraph (b), is not more than $250.
(b) In a prosecution under this subdivision, the value of dishonored
checks issued by the defendant in violation of this subdivision within any six-
month period may be aggregated and the defendant charged accordingly in

193
applying this section. When two or more offenses are committed by the same
person in two or more counties, the accused may be prosecuted in any county
in which one of the dishonored checks was issued for all of the offenses
aggregated under this paragraph.
Subd. 3. Proof of intent. Any of the following is evidence sufficient to
sustain a finding that the person at the time the person issued the check
intended it should not be paid:
(1) proof that, at the time of issuance, the issuer did not have an account
with the drawee;
(2) proof that, at the time of issuance, the issuer did not have sufficient
funds or credit with the drawee and that the issuer failed to pay the check
within five business days after mailing of notice of nonpayment or dishonor as
provided in this subdivision; or
(3) proof that, when presentment was made within a reasonable time, the
issuer did not have sufficient funds or credit with the drawee and that the issuer
failed to pay the check within five business days after mailing of notice of
nonpayment or dishonor as provided in this subdivision.
Notice of nonpayment or dishonor that includes a citation to and a
description of the penalties in this section shall be sent by the payee or holder
of the check to the maker or drawer by certified mail, return receipt requested,
or by regular mail, supported by an affidavit of service by mailing, to the
address printed on the check. Refusal by the maker or drawer of the check to
accept certified mail notice or failure to claim certified or regular mail notice is
not a defense that notice was not received.
The notice may state that unless the check is paid in full within five
business days after mailing of the notice of nonpayment or dishonor, the payee
or holder of the check will or may refer the matter to proper authorities for
prosecution under this section.
An affidavit of service by mailing shall be retained by the payee or holder
of the check.
Subd. 4. Proof of lack of funds or credit. If the check has been
protested, the notice of protest is admissible as proof of presentation,
nonpayment, and protest, and is evidence sufficient to sustain a finding that
there was a lack of funds or credit with the drawee.
Subd. 5. Exceptions. This section does not apply to a postdated check
or to a check given for a past consideration, except a payroll check or a check
issued to a fund for employee benefits.
Subd. 6. Release of account information to law enforcement
authorities. A drawee shall release the information specified below to any
state, county, or local law enforcement or prosecuting authority which certifies
in writing that it is investigating or prosecuting a complaint against the drawer
under this section or section 609.52, subdivision 2, paragraph (a), clause (3)
item (i), and that 15 days have elapsed since the mailing of the notice of
dishonor required by subdivisions 3 and 8. This subdivision applies to the
following information relating to the drawer's account:
(1) Documents relating to the opening of the account by the drawer and
to the closing of the account;
(2) Notices regarding nonsufficient funds, overdrafts, and the dishonor of
any check drawn on the account within a period of six months of the date of
request;

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(3) Periodic statements mailed to the drawer by the drawee for the
periods immediately prior to, during, and subsequent to the issuance of any
check which is the subject of the investigation or prosecution; or
(4) The last known home and business addresses and telephone
numbers of the drawer.
The drawee shall release all of the information described in clauses (1) to
(4) that it possesses within ten days after receipt of a request conforming to
all of the provisions of this subdivision. The drawee may not impose a fee for
furnishing this information to law enforcement or prosecuting authorities.
A drawee is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
Subd. 7. Release of account information to payee or holder. (a) A
drawee shall release the information specified in paragraph (b), clauses (1) to
(3) to the payee or holder of a check that has been dishonored who makes a
written request for this information and states in writing that the check has
been dishonored and that 30 days have elapsed since the mailing of the notice
described in subdivision 8 and who accompanies this request with a copy of
the dishonored check and a copy of the notice of dishonor.
The requesting payee or holder shall notify the drawee immediately to
cancel this request if payment is made before the drawee has released this
information.
(b) This subdivision applies to the following information relating to the
drawer's account:
(1) Whether at the time the check was issued or presented for payment
the drawer had sufficient funds or credit with the drawee, and whether at that
time the account was open, closed, or restricted for any reason and the date
it was closed or restricted;
(2) The last known home address and telephone number of the drawer.
The drawee may not release the address or telephone number of the place of
employment of the drawer unless the drawer is a business entity or the place
of employment is the home; and
(3) A statement as to whether the aggregated value of dishonored checks
attributable to the drawer within six months before or after the date of the
dishonored check exceeds $250; for purposes of this clause, a check is not
dishonored if payment was not made pursuant to a stop payment order.
The drawee shall release all of the information described in clauses (1) to
(3) that it possesses within ten days after receipt of a request conforming to
all of the provisions of this subdivision. The drawee may require the person
requesting the information to pay the reasonable costs, not to exceed 15 cents
per page, of reproducing and mailing the requested information.
(c) A drawee is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
Subd. 8. Notice. The provisions of subdivisions 6 and 7 are not
applicable unless the notice to the maker or drawer required by subdivision 3
states that if the check is not paid in full within five business days after mailing
of the notice, the drawee will be authorized to release information relating to
the account to the payee or holder of the check and may also release this
information to law enforcement or prosecuting authorities.

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609.54 EMBEZZLEMENT OF PUBLIC FUNDS.
Whoever does an act which constitutes embezzlement under the
provisions of Minnesota Constitution, article XI, section 13 may be sentenced
as follows:
(1) If the value of the funds so embezzled is $2,500, or less, to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both; or
(2) If such value is more than $2,500, to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both.

609.541 PROTECTION OF LIBRARY PROPERTY.

Subdivision 1. Damage to library materials. A person who
intentionally, and without permission from library personnel damages any
books, maps, pictures, manuscripts, films, or other property of any public
library or library belonging to the state or to any political subdivision is guilty of
a petty misdemeanor.
Subd. 2. Removal of library property. A person who intentionally, and
without permission from library personnel removes any books, maps, pictures,
manuscripts, films, or other property of any public library or library belonging
to the state or to any political subdivision is guilty of a misdemeanor.
Subd. 3. Detention of library materials. A person who detains a book,
periodical, pamphlet, film, or other property belonging to any public library, or
to a library belonging to the state or any political subdivision, for more than 60
days after notice in writing to return it, given after the expiration of the library's
stated loan period for the material, is guilty of a petty misdemeanor. The
written notice shall be sent by mail to the last known address of the person
detaining the material. The notice shall state the type of material borrowed,
the title of the material, the author's name, the library from which the material
was borrowed, and the date by which the material was to have been returned
to the library. The notice shall include a statement indicating that if the material
is not returned within 60 days after the written notice the borrower will be in
violation of this section.
Subd. 4. Responsibility for prosecution for regional libraries. For
regional libraries the county attorney for the county in which the offense
occurred shall prosecute violations of subdivisions 1 to 3.

609.545 MISUSING CREDIT CARD TO SECURE SERVICES.

Whoever obtains the services of another by the intentional unauthorized
use of a credit card issued or purporting to be issued by an organization for
use as identification in purchasing services is guilty of a misdemeanor.

609.546 MOTOR VEHICLE TAMPERING.

A person is guilty of a misdemeanor who intentionally:
(1) rides in or on a motor vehicle knowing that the vehicle was taken and
is being driven by another without the owner's permission; or
(2) tampers with or enters into or on a motor vehicle without the owner's
permission.

609.55 Repealed, 1989 c 290 art 7 s 14

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609.551 RUSTLING AND LIVESTOCK THEFT; PENALTIES.

Subdivision 1. Crime defined; stealing cattle; penalties. Whoever
intentionally and without claim of right shoots, kills, takes, uses, transfers,
conceals or retains possession of live cattle, swine or sheep or the carcasses
thereof belonging to another without the other's consent and with the intent to
permanently deprive the owner thereof may be sentenced as follows:
(a) If the value of the animals which are shot, killed, taken, used,
transferred, concealed or retained exceeds $2,500, the defendant may be
sentenced to imprisonment for not more than ten years, and may be fined up
to $20,000;
(b) If the value of the animals which are shot, killed, taken, used,
transferred, concealed or retained exceeds $300 but is less than $2,500, the
defendant may be sentenced to imprisonment for not more than five years,
and may be fined up to $10,000;
(c) If the value of the animals which are shot, killed, taken, used,
transferred, concealed, or retained is $300 or less, the defendant may be
sentenced to imprisonment for not more than 90 days or to payment of a fine
of not more than $300 or both.
Subd. 2. Crime defined; selling stolen cattle. Whoever knowingly buys,
sells, transports or otherwise handles cattle, swine or sheep illegally acquired
under subdivision 1 or knowingly aids or abets another in the violation of
subdivision 1 shall be sentenced as in subdivision 1, clauses (a), (b), and (c).
Subd. 3. Aggregation. In any prosecution under this section the value
of the animals which are shot, killed, taken, used, transferred, concealed, or
retained within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section.
Subd. 4. Amount of action. Any person who has been injured by
violation of this section may bring an action for three times the amount of actual
damages sustained by the plaintiff, costs of suit and reasonable attorney's
fees.

609.552 UNAUTHORIZED RELEASE OF ANIMALS.

A person who intentionally and without permission releases an animal
lawfully confined for science, research, commerce, or education is guilty of a
misdemeanor. A second or subsequent offense by the same person is a gross
misdemeanor.

DAMAGE OR TRESPASS TO PROPERTY

609.556 DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 609.556 to 609.576
and 609.611, the terms defined in this section have the meanings given them.
Subd. 2. Property of another. "Property of another" means a building or
other property, whether real or personal, in which a person other than the
accused has an interest which the accused has no authority to defeat or impair
even though the accused may also have an interest in the building or property.
Subd. 3. Building. "Building" in addition to its ordinary meaning includes
any tent, watercraft, structure or vehicle that is customarily used for overnight

197
lodging of a person or persons. If a building consists of two or more units
separately secured or occupied, each unit shall be deemed a separate
building.

609.56 Repealed, 1976 c 123 s 10

609.561 ARSON IN THE FIRST DEGREE.

Subdivision 1. First degree; dwelling. Whoever unlawfully by means
of fire or explosives, intentionally destroys or damages any building that is
used as a dwelling at the time the act is committed, whether the inhabitant is
present therein at the time of the act or not, or any building appurtenant to or
connected with a dwelling whether the property of the actor or of another,
commits arson in the first degree and may be sentenced to imprisonment for
not more than 20 years or to a fine of not more than $20,000, or both.
Subd. 2. First degree; other buildings. Whoever unlawfully by means
of fire or explosives, intentionally destroys or damages any building not
included in subdivision 1, whether the property of the actor or another commits
arson in the first degree and may be sentenced to imprisonment for not more
than 20 years or to a fine of not more than $35,000, or both if:
(a) Another person who is not a participant in the crime is present in the
building at the time and the defendant knows that; or
(b) The circumstances are such as to render the presence of such a
person therein a reasonable possibility.
Subd. 3. First degree; flammable material. (a) Whoever unlawfully by
means of fire or explosives, intentionally destroys or damages any building not
included in subdivision 1, whether the property of the actor or another,
commits arson in the first degree if a flammable material is used to start or
accelerate the fire. A person who violates this paragraph may be sentenced
to imprisonment for not more than 20 years or a fine of not more than $20,000,
or both.
(b) As used in this subdivision:
(1) “combustible liquid” means a liquid having a flash point at or above
100 degrees Fahrenheit;
(2) “flammable gas” means any material which is a gas at 68 degrees
Fahrenheit or less and 14.7 psi of pressure and which: (i) is ignitable when in
a mixture of 13 percent or less by volume with air at atmospheric pressure; or
(ii) has a flammable range with air at atmospheric pressure of at least 12
percent, regardless of the lower flammable limit;
(3) "flammable liquid" means any liquid having a flash point below 100
degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds
per square inch (absolute) at 100 degrees Fahrenheit, but does not include
intoxicating liquor as defined in section 340A.101;
(4) “flammable material” means a flammable or combustible liquid, a
flammable gas, or a flammable solid; and
(5) “flammable solid” means any of the following three types of materials:
(i) wetted explosives;
(ii) self-reactive materials that are liable to undergo heat-producing
decomposition; or
(iii) readily combustible solids that may cause a fire through friction or that
have a rapid burning rate as determined by specific flammability tests.
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609.562 ARSON IN THE SECOND DEGREE.

Whoever unlawfully by means of fire or explosives, intentionally destroys
or damages any building not covered by section 609.561, no matter what its
value, or any other real or personal property valued at more than $1,000,
whether the property of the actor or another, 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.

609.563 ARSON IN THE THIRD DEGREE.

Subdivision 1. Crime. Whoever unlawfully by means of fire or
explosives, intentionally destroys or damages any real or personal property
may be sentenced to imprisonment for not more than five years or to payment
of a fine of $10,000, or both, if:
(a) the property intended by the accused to be damaged or destroyed
had a value of more than $300 but less than $1,000; or
(b) property of the value of $300 or more was unintentionally damaged or
destroyed but such damage or destruction could reasonably have been
foreseen; or
(c) the property specified in clauses (a) and (b) in the aggregate had a
value of $300 or more.
Subd. 2. Repealed, 1998 c367 a 2 s 33

609.5631 ARSON IN THE FOURTH DEGREE.

Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) “Multiple unit residential building” means a building containing two or
more apartments.
(c) “Public building” means a building such as a hotel, hospital, motel,
dormitory, sanitarium, nursing home, theater, stadium, gymnasium,
amusement park building, school or other building used for educational
purposes, museum, restaurant, bar, correctional institution, place of worship,
or other building of public assembly.
Subd. 2. Crime Described. Whoever intentionally by means of fire or
explosives sets fire to or burns or causes to be burned any personal property
in a multiple unit residential building or public building and arson in the first,
second, or third degree was not committed 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.

609.5632 ARSON IN THE FIFTH DEGREE.

Whoever intentionally by means of fire or explosives sets fire to or burns
or causes to be burned any real or personal property of value is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90
days or to payment of a fine of not more than $1,000, or both.

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609.5633 USE OF IGNITION DEVICES; PETTY
MISDEMEANOR.
A student who uses an ignition device, including a butane or disposable
lighter or matches, inside an educational building and under circumstances
where there is an obvious risk of fire, and arson in the first, second, third, or
fourth degree was not committed, is guilty of a petty misdemeanor. This
section does not apply if the student uses the device in a manner authorized
by the school.
For the purposes of this section, “student” has the meaning given in
section 123B.41, subdivision 11.

609.564 EXCLUDED FIRES.

A person does not violate section 609.561, 609.562, 609.563, or 609.5641
if the person sets a fire pursuant to a validly issued license or permit or with
written permission from the fire department of the jurisdiction where the fire
occurs.

609.5641 WILDFIRE ARSON.

Subdivision 1. Setting wildfires. A person who intentionally sets a fire
to burn out of control on land of another containing timber, underbrush, grass,
or other vegetative combustible material is guilty of a felony and may be
sentenced as provided in subdivision 1a.
Subd. 1a. Penalty; felonies. (a) Except as provided in paragraphs (b),
(c), and (d), a person who violates subdivision 1 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 who violates subdivision 1 where the fire threatens to
damage or damages in excess of five buildings or dwellings, burns 500 acres
or more, or damages crops in excess of $100,000, may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more
than $15,000, or both.
(c) A person who violates subdivision 1 where the fire threatens to
damage or damages in excess of 100 buildings or dwellings, burns 1,500
acres or more, or damages crops in excess of $250,000, may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more
than $25,000, or both.
(d) A person who violates subdivision 1 where the fire causes another
person to suffer demonstrable bodily harm may be sentenced to imprisonment
for not more than ten years or to payment of a fine of $15,000, or both.
(e) For purposes of this section, a building or dwelling is threatened when
there is a probability of damage to the building or dwelling requiring evacuation
for safety of life.
Subd. 2. Possession of flammables to set wildfires. A person is guilty
of a gross misdemeanor who possesses a flammable, explosive, or incendiary
device, substance, or material with intent to use the device, substance, or
material to violate subdivision 1.
Subd. 3. Restitution. In addition to the sentence otherwise authorized,
the court may order a person who is convicted of violating this section to pay
fire suppression costs, damages to the owner of the damaged land, costs

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associated with injuries sustained by a member of a municipal or volunteer fire

department in the performance of the member’s duties, and any other
restitution costs allowed under section 611A.04.

609.565 Repealed 1976, c 124 s 10

609.57 Repealed 1976, c 124 s 10
609.575 Repealed 1976, v 124 s 10

609.576 NEGLIGENT FIRES; DANGEROUS SMOKING.

Subdivision 1. Negligent fire resulting in injury or property damage.
Whoever is grossly negligent in causing a fire to burn or get out of control
thereby causing damage or injury to another, and as a result of this:
(1) a human being is injured and great bodily harm incurred, is guilty of a
crime 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;
(2) a human being is injured and bodily harm incurred, is guilty of a crime
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; or
(3) property of another is injured, thereby, is guilty of a crime and may be
sentenced as follows:
(i) to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both, if the value of the property damage is under
$300;
(ii) to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both, if the value of the property damaged is at least
$300 but is less than $2,500; or
(iii) to imprisonment for not more than three years or to payment of a fine
of not more than $5,000, or both, if the value of the property damaged is
$2,500 or more.
Subd. 2. Dangerous smoking. A person is guilty of a misdemeanor if
the person smokes in the presence of explosives or inflammable materials. If
a person violates this subdivision and knows that doing so creates a risk of
death or bodily harm or serious property damage, the person 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.

609.58 Repealed, 1983 c 321 s 4

609.581 DEFINITIONS.
Subdivision 1. Terms defined. For purpose of sections 609.582 and
609.583 the terms defined in this section have the meanings given them.
Subd. 2. Building. "Building" means a structure suitable for affording
shelter for human beings including any appurtenant or connected structure.
Subd. 3. Dwelling. "Dwelling" means a building used as a permanent or
temporary residence.
Subd. 4. Enters a building without consent. "Enters a building without
consent" means:
(a) to enter a building without the consent of the person in lawful
possession;

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 (b) to enter a building by using artifice, trick, or misrepresentation to
obtain consent to enter from the person in lawful possession; or
(c) to remain within a building without the consent of the person in lawful
possession.
Whoever enters a building while open to the general public does so with
consent except when consent was expressly withdrawn before entry.
Subd. 5. Government building. “Government building” means a building
that is owned, leased, controlled, or operated by a governmental entity for a
governmental purpose.
Subd. 6. Religious establishment. “Religious establishment” means a
building used for worship services by a religious organization and clearly
identified as such by a posted sign or other means.
Subd. 7. School building. “School building” means a public or private
preschool, elementary school, middle school, secondary school, or
postsecondary school building.
Subd. 8. Historic property. “Historic property” means any property
identified as a historic site or historic place by sections 138.661 to 138.664
and clearly identified as such by a posted sign or other means.

609.582 BURGLARY.
Subdivision 1. Burglary in the first degree. Whoever enters a building
without consent and with intent to commit a crime, or enters a building without
consent and commits a crime while in the building, either directly or as an
accomplice, commits burglary in the first degree and may be sentenced to
imprisonment for not more than 20 years or to payment of a fine of not more
than $35,000, or both, if:
(a) the building is a dwelling and another person not an accomplice, is
present in it when the burglar enters or at any time while the burglar is in the
building;
(b) the burglar possesses, when entering or at any time while in the
building, any of the following: a dangerous weapon, any article used or
fashioned in a manner to lead the victim to reasonably believe it to be a
dangerous weapon, or an explosive; or
(c) the burglar assaults a person within the building or on the building's
appurtenant property.
Subd. 1a. Mandatory minimum sentence for burglary of occupied
dwelling. A person convicted of committing burglary of an occupied dwelling,
as defined in subdivision 1, clause (a), must be committed to the commissioner
of corrections or county workhouse for not less than six months.
Subd. 2. Burglary in the second degree. (a) Whoever enters a building
without consent and with intent to commit a crime, or enters a building without
consent and commits a crime while in the building, either directly or as an
accomplice, commits burglary in the second degree 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, if:
(1) the building is a dwelling;
(2) the portion of the building entered contains a banking business or
other business of receiving securities or other valuable papers for deposit or
safekeeping and the entry is with force or threat of force;

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(3) the portion of the building entered contains a pharmacy or other lawful
business or practice in which controlled substances are routinely held or
stored, and the entry is forcible; or
(4) when entering or while in the building, the burglar possesses a tool to
gain access to money or property.
(b) Whoever enters a government building, religious establishment,
historic property, or school building without consent and with intent to commit
a crime under section 609.52 or 609.595, or enters a government building,
religious establishment, historic property, or school building without consent
and commits a crime under section 609.52 or 609.595 while in the building,
either directly or as an accomplice, commits burglary in the second degree
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.
Subd. 3. Burglary in the third degree. Whoever enters a building
without consent and with intent to steal or commit any felony or gross
misdemeanor while in the building, or enters a building without consent and
steals or commits a felony or gross misdemeanor while in the building, either
directly or an accomplice, commits burglary in the third degree 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.
Subd. 4. Burglary in the fourth degree. Whoever enters a building
without consent and with intent to commit a misdemeanor other than to steal,
or enters a building without consent and commits a misdemeanor other than
to steal while in the building, either directly or as an accomplice, commits
burglary in the fourth degree 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.

609.583 SENTENCING; FIRST BURGLARY OF A DWELLING.

Except as provided in section 609.582, subdivision 1a, in determining an
appropriate disposition for a first offense of burglary of a dwelling, the court
shall presume that a stay of execution with at least a 90-day period of
incarceration as a condition of probation shall be imposed unless the
defendant's criminal history score determined according to the Sentencing
Guidelines indicates a presumptive executed sentence, in which case the
presumptive executed sentence shall be imposed unless the court departs
from the Sentencing Guidelines pursuant to section 244.10. A stay of
imposition of sentence may be granted only if accompanied by a statement on
the record of the reasons for it. The presumptive period of incarceration may
be waived in whole or in part by the court if the defendant provides restitution
or performs community work service.

609.585 DOUBLE JEOPARDY.

Notwithstanding section 609.04, a prosecution for or conviction of the
crime of burglary is not a bar to conviction of or punishment for any other crime
committed on entering or while in the building entered.

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609.586 POSSESSION OF CODE-GRABBING DEVICES;
PENALTY.
Subdivision 1. Definition. As used this section, “code-grabbing device”
means a device that can receive and record the coded signal sent by the
transmitter of a security or other electronic system and can play back the
signal to disarm or operate that system.
Subd. 2. Crime. Whoever possess a code-grabbing device with intent
to use the device to commit an unlawful act may be sentenced to imprisonment
for not more than three years or to payment of a fine of not more than $5,000,
or both.

609.59 POSSESSION OF BURGLARY OR THEFT TOOLS.

Whoever has in possession any device, explosive, or other instrumentality
with intent to use or permit the use of the same to commit burglary or theft may
be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $5,000, or both.

609.591 DAMAGE TO TIMBER OR WOOD PROCESSING AND

RELATED EQUIPMENT.
Subdivision 1. Definition. As used in this section and 609.592, "timber"
means trees, whether standing or down, that will produce forest products of
value including but not limited to logs, posts, poles, bolts, pulpwood,
cordwood, lumber, and decorative material.
Subd. 2. Crime. Whoever, without claim of right or consent of the owner,
drives, places, or fastens in timber any device of iron, steel, ceramic, or other
substance sufficiently hard to damage saws or wood processing or
manufacturing equipment, with the intent to hinder the logging or the
processing of timber, is guilty of a crime and may be sentenced as provided in
subdivisions 3 and 4.
Subd. 3. Penalties. A person convicted of violating subdivision 2 may
be sentenced as follows:
(1) if the violation caused great bodily harm, to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both;
(2) otherwise, to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both.
Subd. 4. Restitution. In addition to any sentence imposed under
subdivision 3, the sentencing court may order a person convicted of violating
this section, or of violating section 609.595 by damaging timber or commercial
wood processing, manufacturing, or transportation equipment to pay
restitution to the owner of the damaged property.

609.592 POSSESSION OF TIMBER DAMAGE DEVICES.

Whoever commits any of the following acts is guilty of a misdemeanor:
(1) possesses a device of iron, steel, ceramic, or other substance
sufficiently hard to damage saws, wood processing, manufacturing, or
transportation equipment, with the intent to use the device to hinder the
logging or the processing of timber; or

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(2) possesses a chemical or biological substance, mechanical

equipment, or tool with the intent to use it or permit its use to damage timber
processing, manufacturing, or transportation equipment.

609.593 DAMAGE OR THEFT TO ENERGY TRANSMISSION

OR TELECOMMUNICATIONS EQUIPMENT.
Subd. 1. Crime. Whoever intentionally and without consent from one
authorized to give consent causes any damage to or takes, removes, severs,
or breaks:
(1) any line erected or maintained for the purpose of transmitting electricity
for light, heat, or power, or any insulator or cross-arm, appurtenance or
apparatus connected to the line, or any wire, cable or current of the line; or
any component used in the generation, transmission, or distribution of
electricity, including equipment used for grounding, system protection, or
personnel protection;
(2) any pipe or main or hazardous liquid pipeline erected, operated, or
maintained for the purpose of transporting, conveying, or distributing gas or
other hazardous liquids for light, hear, power, or any other purpose, or any
part of the pipe, main, or pipeline, or any valve, meter, holder, compressor,
machinery, appurtenance, equipment, or apparatus connected with any main
or pipeline; or
(3) any machinery, equipment, or fixtures used in receiving, initiating,
amplifying, processing, transmitting, retransmitting, recording, switching, or
monitoring telecommunications services, such as computers, transformers,
amplifiers, routers, repeaters, miltiplexers, and other items performing
comparable functions, and machinery, equipment, and fixtures used in the
transportation of telecommunications services, radio transmitters and
receivers, satellite equipment, microwave equipment, and other transporting
media including wire, cable, fiber, poles, and conduit; is guilty of a crime and
may be sentenced as provided in subdivision 2.
Subd. 2. Penalty. Whoever violates subdivision 1 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.

609.594 DAMAGE TO PROPERTY OF CRITICAL PUBLIC

SERVICE FACILITIES, UTILITIES, AND PIPELINES.
Subdivision 1. Definitions. As used in this section:
(1) "critical public service facility" includes railroad yards and stations, bus
stations, airports, and other mass transit facilities; oil refineries; storage areas
or facilities for hazardous materials, hazardous substances, or hazardous
wastes; and bridges;
(2) "pipeline" has the meaning given in section 609.6055, subdivision 1;
and
(3) "utility" includes: (i) any organization defined as a utility in section
216C.06, subdivision 18; (ii) any telecommunications carrier or telephone
company regulated under chapter 237; and (iii) any local utility or enterprise
formed for the purpose of providing electrical or gas heating and power,
telephone, water, sewage, wastewater, or other related utility service, which is
owned, controlled, or regulated by a town, a statutory or home rule charter

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city, a county, a port development authority, the Metropolitan Council, a district
heating authority, a regional commission or other regional government unit, or
a combination of these governmental units.
Subd. 2. Prohibited conduct; penalty. Whoever causes damage to the
physical property of a critical public service facility, utility, or pipeline with the
intent to significantly disrupt the operation of or the provision of services by the
facility, utility, or pipeline and without the consent of one authorized to give
consent, 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.
Subd. 3. Detention authority; immunity. An employee or other person
designated by a critical public service facility, utility, or pipeline to ensure the
provision of services by the critical public service facility or the safe operation
of the equipment or facility of the utility or pipeline who has reasonable cause
to believe that a person is violating this section may detain the person as
provided in this subdivision. The person detained must be promptly informed
of the purpose of the detention and may not be subjected to unnecessary or
unreasonable force or interrogation. The employee or other designated person
must notify a peace officer promptly of the detention and may only detain the
person for a reasonable period of time. No employee or other designated
person is criminally or civilly liable for any detention that the employee or
person reasonably believed was authorized by and conducted in conformity
with this subdivision.

609.595 DAMAGE TO PROPERTY

Subdivision 1. Criminal damage to property in the first degree.
Whoever intentionally causes damage to physical property of another without
the latter's consent 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, if:
(1) the damage to the property caused a reasonably foreseeable risk of
bodily harm; or
(2) the property damaged was a public safety motor vehicle, the defendant
knew the vehicle was a public safety motor vehicle, and the damage to the
vehicle caused a substantial interruption or impairment of public safety service
or a reasonably foreseeable risk of bodily harm; or
(3) the property damaged belongs to a common carrier and the damage
impairs the service to the public rendered by the carrier; or
(4) the damage reduces the value of the property by more than $1,000
measured by the cost of repair and replacement; or
(5) the damage reduces the value of the property by more than $500
measured by the cost of repair and replacement and the defendant has been
convicted within the preceding three years of an offense under this subdivision
or subdivision 2.
In any prosecution under clause (4), the value of any property damaged
by the defendant in violation of that clause within any six-month period may
be aggregated and the defendant charged accordingly in applying the
provisions of this section; provided that when two or more offenses are
committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all
of the offenses aggregated under this paragraph.

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Subd. 1a. Criminal damage to property in the second degree. (a)

Whoever intentionally causes damage described in subdivision 2, paragraph
(a), because of the property owner's or another's actual or perceived race,
color, religion, sex, sexual orientation, disability as defined in section 363.01,
age, or national origin is guilty of a felony and may be sentenced to
imprisonment for not more than one year and a day or to payment of a fine of
not more than $3,000, or both.
(b) In any prosecution under paragraph (a), the value of property
damaged by the defendant in violation of that paragraph within any six-month
period may be aggregated and the defendant charged accordingly in applying
this section. When two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in
which one of the offenses was committed for all of the offenses aggregated
under this paragraph.
Subd. 2. Criminal damage to property in the third degree. (a) Except
as otherwise provided in subdivision 1a, whoever intentionally causes damage
to another person's physical property without the other person's consent 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, if:
(1) the damage reduces the value of the property by more than $500 but
not more than $1,000 as measured by the cost of repair and replacement; or
(2) the damage was to a public safety motor vehicle and the defendant
knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical
property without the other person's consent because of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation,
disability as defined in section 363A.03, age, or national origin 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, if the damage reduces the value of the
property by not more than $500.
(c) In any prosecution under paragraph (a), clause (1), the value of
property damaged by the defendant in violation of that paragraph within any
six-month period may be aggregated and the defendant charged accordingly
in applying this section. When two or more offenses are committed by the
same person in two or more counties, the accused may be prosecuted in any
county in which one of the offenses was committed for all of the offenses
aggregated under this paragraph.
Subd. 3. Criminal damage to property in the fourth degree. Whoever
intentionally causes damage described in subdivision 2 under any other
circumstances is guilty of a misdemeanor.
Subd. 4. Definitions. (a) As used in this section, "public safety motor
vehicle" includes:
(1) marked vehicles used by law enforcement agencies and specially
marked vehicles permitted under section 169.98, subdivision 2a, owned or
leased by the state or a political subdivision;
(2) fire apparatuses, including fire-suppression support vehicles, owned
or leased by the state or a political subdivision;
(3) ambulances owned or leased by the state or a political subdivision;

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 (4) vehicles owned by ambulance services licensed under section
144E.10 that are equipped and specifically intended for emergency response
or providing ambulance services; and
(5) marked vehicles used by conservation officers of the Division of
Enforcement and Field Service of the Department of Natural Resources.
(b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a),
clause (2), "damage" includes tampering with a public safety motor vehicle
and acts that obstruct or interfere with the vehicle's use.

609.596 KILLING OR HARMING A PUBLIC SAFETY DOG.

Subdivision 1. Felony. It is a felony for any person to intentionally and
without justification cause the death of or great or substantial bodily harm to a
police dog, a search and rescue dog, or an arson dog when the dog is involved
in law enforcement, fire, or correctional investigation or apprehension, search
and rescue duties, or the dog is in the custody of or under the control of a
peace officer, a trained handler, or an employee of a correctional facility. A
person convicted under this subdivision 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. 2. Gross misdemeanor. It is a gross misdemeanor for any person
to intentionally and without justification cause demonstrable bodily harm to a
police dog, search and rescue dog, or an arson dog when the dog is involved
in law enforcement, fire, or correctional investigation or apprehension, search
and rescue duties, or the dog is in the custody of or under the control of a
peace officer, a trained handler, or an employee of a correctional facility.
Subd. 2a. Misdemeanor. It is a misdemeanor for any person to
intentionally and without justification assault a police dog, search and rescue
dog, or an arson dog when the dog is involved in law enforcement, fire, or
correctional investigation or apprehension, search and rescue duties, or the
dog is in the custody of or under the control of a peace officer, a trained
handler, or an employee of a correctional facility.
Subd. 2b. Mandatory restitution. The court shall order a person
convicted of violating this section to pay restitution for the costs and expenses
resulting from the crime. Costs and expenses include, but are not limited to,
the purchase and training of a replacement dog and veterinary services for the
injured dog. If the court finds that the convicted person is indigent, the court
may reduce the amount of restitution to a reasonable level or order it paid in
installments.
Subd. 3. Definitions. As used in this section:
(1) “arson dog” means a dog that has been certified as an arson dog by
a state fire or police agency or by an independent testing laboratory;
(2) “correctional facility” has the meaning given in section 241.021,
subdivision 1, clause (f);
(3) “peace officer” has the meaning given in section 626.84, subdivision
1, paragraph (c); and
(4) “search and rescue dog” means a dog that is trained to locate lost or
missing persons, victims of natural or other disasters, and human bodies.

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609.597 ASSAULTING OR HARMING POLICE HORSE;

PENALTIES.
Subdivision 1. Definition. As used in this section, “police horse” means
a horse that has been trained for crowd control and other law enforcement
purposes and is used to assist peace officers or reserve officers in the
performance of their official duties.
Subd. 2. Crime. Whoever assaults or intentionally harms a police horse
while the horse is being used or maintained for use by a law enforcement
agency, or while under the control of a reserve officer who is operating at the
direction of, under the control of, or on behalf of a peace officer or a law
enforcement agency, is guilty of a crime and may be sentenced as provided
in subdivision 3.
Subd. 3. Penalties. A person convicted of violating subdivision 2 may
be sentenced as follows:
(1) if a peace officer, a reserve officer, or any other person suffers great
bodily harm or death as a result of the violation, the person 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;
(2) if the police horse suffers death or great bodily harm as a result of the
violation, or if a peace officer or a reserve officer suffers demonstrable bodily
harm as a result of the violation, the person may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more
than $4,000, or both;
(3) if the police horse suffers demonstrable bodily harm as a result of the
violation, the person may be sentenced to imprisonment for not more than one
year and one day or to payment of a fine of not more than $3,000, or both;
(4) if a peace officer or a reserve officer is involuntarily unseated from the
police horse or any person, other than the peace officer or reserve officer,
suffers demonstrable bodily harm as a result of the violation, the person 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;
(5) if a violation other than one described in clauses (1) or (4) occurs, the
person may be sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.

609.599 EXPOSING DOMESTIC ANIMALS TO DISEASE.

Subdivision 1. Gross misdemeanor. (a) A person who intentionally
exposes a domestic animal to an animal disease contrary to reasonable
veterinary practice, or intentionally puts a domestic animal at risk of quarantine
or destruction by actions contrary to reasonable veterinary practice, is guilty
of a gross misdemeanor.
(b) The provisions of paragraph (a) do not apply to a person performing
academic or industry research on domestic animals under protocols approved
by an institutional animal care and use committee.
Subd. 2. Civil liability. A person who violates subdivision 1 is liable in a
civil action for damages in an amount three times the value of any domestic
animal destroyed because it has the disease, has been exposed to the
disease agent, or is at high risk of being exposed to the disease agent because
of proximity to diseased animals.

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 Subd. 3. Definition. For purposes of this section, "domestic animal"
means:
(1) those species of animals that live under the husbandry of humans;
(2) livestock within the meaning of section 35.01, subdivision 3;
(3) a farm-raised deer, farm-raised game bird, or farm-raised fish; or
(4) an animal listed as a domestic animal by a rule adopted by the
Department of Agriculture.

609.60 Repealed, 1989 c 5 s 18

609.605 TRESPASS.
Subdivision 1. Misdemeanor. (a) The following terms have the
meanings given them for purposes of this section.
(1) "Premises" means real property and any appurtenant building or
structure.
(2) "Dwelling" means the building or part of a building used by an
individual as a place of residence on either a full-time or a part-time basis. A
dwelling may be part of a multidwelling or multipurpose building, or a
manufactured home as defined in section 168.011, subdivision 8.
(3) "Construction site" means the site of the construction, alteration,
painting, or repair of a building or structure.
(4) "Owner or lawful possessor," as used in paragraph (b), clause (9),
means the person on whose behalf a building or dwelling is being constructed,
altered, painted, or repaired and the general contractor or subcontractor
engaged in that work.
(5) "Posted," as used:
(i) in paragraph (b), clause (4), means the placement of a sign at least 8-
1/2 inches by 11 inches in a conspicuous place on the exterior of the building,
or in a conspicuous place within the property on which the building is located.
The sign must carry a general notice warning against trespass;
(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-
1/2 inches by 11 inches in a conspicuous place on the exterior of the building
that is under construction, alteration, or repair, or in a conspicuous place within
the area being protected. If the area being protected is less than three acres,
one additional sign must be conspicuously placed within that area. If the area
being protected is three acres but less than ten acres, two additional signs
must be conspicuously placed within that area. For each additional full ten
acres of area being protected beyond the first ten acres of area, two additional
signs must be conspicuously placed within the area being protected. The sign
must carry a general notice warning against trespass; and
(iii) in paragraph (b), clause (10), means the placement of signs that:
(A) carry a general notice warning against trespass;
(B) display letters at least two inches high;
(C) state that Minnesota law prohibits trespassing on the property; and
(D) are posted in a conspicuous place and at intervals of 500 feet or less.
(6) "Business licensee," as used in paragraph (b), clause (9), includes a
representative of a building trades labor or management organization.
(7) "Building" has the meaning given in section 609.581, subdivision 2.
(b) A person is guilty of a misdemeanor if the person intentionally:

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(1) permits domestic animals or fowls under the actor's control to go on

the land of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer erected or
marked to designate a point of a boundary, line or a political subdivision, or of
a tract of land;
(3) trespasses on the premises of another and, without claim of right,
refuses to depart from the premises on demand of the lawful possessor;
(4) occupies or enters the dwelling or locked or posted building of another,
without claim of right or consent of the owner or the consent of one who has
the right to give consent, except in an emergency situation;
(5) enters the premises of another with intent to take or injure any fruit,
fruit trees, or vegetables growing on the premises, without the permission of
the owner or occupant;
(6) enters or is found on the premises of a public or private cemetery
without authorization during hours the cemetery is posted as closed to the
public;
(7) returns to the property of another with the intent to abuse, disturb, or
cause distress in or threaten another, after being told to leave the property and
not to return, if the actor is without claim of right to the property or consent of
one with authority to consent;
(8) returns to the property of another within one year after being told to
leave the property and not to return, if the actor is without claim of right to the
property or consent of one with authority to consent;
(9) enters the locked or posted construction site of another without the
consent of the owner or lawful possessor, unless the person is a business
licensee;
(10) enters the locked or posted aggregate mining site of another without
the consent of the owner or lawful possessor, unless the person is a business
licensee; or
(11) crosses into or enters any public or private area lawfully cordoned off
by or at the direction of a peace officer engaged in the performance of official
duties. As used in this clause: (i) an area may be “cordoned off” through the
use of tape, barriers, or other means conspicuously placed and identifying the
area as being restricted by a peace officer and identifying the responsible
authority; and (ii) “peace officer” has the meaning given in section 626.84,
subdivision 1. It is an affirmative defense to a charge under this clause that a
peace officer permitted entry into the restricted area.
Subd. 2. Gross misdemeanor. Whoever trespasses upon the grounds
of a facility providing emergency shelter services for battered women, as
defined under section 611A.31, subdivision 3, or providing comparable
services for sex trafficking victims, as defined under section 609.321,
subdivision 7b, or of a facility providing transitional housing for battered
women and their children or sex trafficking victims and their children, without
claim of right or consent of one who has right to give consent, and refuses to
depart from the grounds of the facility on demand of one who has right to give
consent, is guilty of a gross misdemeanor.
Subd. 3. Repealed, 1993 c 326 a 2 s 34
Subd. 4. Trespasses on school property. (a) It is a misdemeanor for
a person to enter or be found in a public or nonpublic elementary, middle, or
secondary school building unless the person:

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 (1) is an enrolled student in, a parent or guardian of an enrolled student
in, or an employee of the school or school district;
(2) has permission or an invitation from a school official to be in the
building;
(3) is attending a school event, class, or meeting to which the person, the
public, or a student's family is invited; or
(4) has reported the person's presence in the school building in the
manner required for visitors to the school.
(b) It is a misdemeanor for a person to be on the roof of a public or
nonpublic elementary, middle, or secondary school building unless the person
has permission from a school official to be on the roof of the building.
(c) It is a gross misdemeanor for a group of three or more persons to
enter or be found in a public or nonpublic elementary, middle, or secondary
school building unless one of the persons:
(1) is an enrolled student in, a parent or guardian of an enrolled student
in, or an employee of the school or school district;
(2) has permission or an invitation from a school official to be in the
building;
(3) is attending a school event, class, or meeting to which the person, the
public, or a student’s family is invited; or
(4) has reported the person’s presence in the school building in the
manner required for visitors to the school.
(d) It is a misdemeanor for a person to enter or be found on school
property within one year after being told by the school principal or the
principal's designee to leave the property and not to return, unless the principal
or the principal's designee has given the person permission to return to the
property. As used in this paragraph, "school property" has the meaning given
in section 152.01, subdivision 14a, clauses (1) and (3).
(e) A school principal or a school employee designated by the school
principal to maintain order on school property, who has reasonable cause to
believe that a person is violating this subdivision may detain the person in a
reasonable manner for a reasonable period of time pending the arrival of a
peace officer. A school principal or designated school employee is not civilly
or criminally liable for any action authorized under this paragraph if the
person's action is based on reasonable cause.
(f) A peace officer may arrest a person without a warrant if the officer has
probable cause to believe the person violated this subdivision within the
preceding four hours. The arrest may be made even though the violation did
not occur in the peace officer's presence.
Subd. 4a. Trespass on a school bus. (a) As used in this subdivision,
“school bus” has the meaning given in section 169.011, subdivision 71.
(b) As used in this subdivision, “pupils” means persons in grades
prekindergarten through grade 12.
(c) A person who boards a school bus when the bus is on its route or
otherwise in operation, or while it has pupils on it, and who refuses to leave
the bus on demand of the bus operator, is guilty of a misdemeanor.
Subd. 5. Certain trespass on agricultural land. (a) A person is guilty
of a gross misdemeanor if the person enters the posted premises of another
on which cattle, bison, sheep, goats, swine, horses, poultry, farmed cervidae,
farmed ratitae, aquaculture stock, or other species of domestic animals for

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commercial production are kept, without the consent of the owner or lawful
occupant of the land.
(b) "Domestic animal," for purposes of this section, has the meaning given
in section 609.599.
(c) "Posted," as used in paragraph (a), means the placement of a sign at
least 11 inches square in a conspicuous place at each roadway entry to the
premises. The sign must provide notice of a bio-security area and wording
such as: "Bio-security measures are in force. No entrance beyond this point
without authorization." The sign may also contain a telephone number or a
location for obtaining such authorization.
(d) The provisions of this subdivision do not apply to employees or agents
of the state or county when serving in a regulatory capacity and conducting an
inspection on posted premises where domestic animals are kept.

609.6055 TRESPASS ON CRITICAL PUBLIC SERVICE

FACILITY; UTILITY; OR PIPELINE.
Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) "Critical public service facility" includes buildings and other physical
structures, and fenced in or otherwise enclosed property, of railroad yards and
stations, bus stations, airports, and other mass transit facilities; oil refineries;
and storage areas or facilities for hazardous materials, hazardous substances,
or hazardous wastes. The term also includes nonpublic portions of bridges.
The term does not include railroad tracks extending beyond a critical public
service facility.
(c) "Pipeline" includes an aboveground pipeline, a belowground pipeline
housed in an underground structure, and any equipment, facility, or building
located in this state that is used to transport natural or synthetic gas, crude
petroleum or petroleum fuels or oil or their derivatives, or hazardous liquids,
to or within a distribution, refining, manufacturing, or storage facility that is
located inside or outside of this state. Pipeline does not include service lines.
(d) "Utility" includes:
(1) any organization defined as a utility in section 216C.06, subdivision 5;
(2) any telecommunications carrier or telephone company regulated
under chapter 237; and
(3) any local utility or enterprise formed for the purpose of providing
electrical or gas heating and power, telephone, water, sewage, wastewater, or
other related utility service, which is owned, controlled, or regulated by a town,
a statutory or home rule charter city, a county, a port development authority,
the metropolitan council, a district heating authority, a regional commission or
other regional government unit, or a combination of these governmental units.
The term does not include property located above buried power or
telecommunications lines or property located below suspended power or
telecommunications lines, unless the property is fenced in or otherwise
enclosed.
(e) “Utility line” includes power, telecommunications, and transmissions
lines as well as related equipment owned or controlled by a utility.
Subd. 2. Prohibited conduct; penalty. (a) Whoever enters or is found
upon property containing a critical public service facility, utility, or pipeline,

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without claim of right or consent of one who has the right to give consent to be
on the property, is guilty of a gross misdemeanor, if:
(1) the person refuses to depart from the property on the demand of one
who has the right to give consent;
(2) within the past six months, the person had been told by one who had
the right to give consent to leave the property and not to return, unless a
person with the right to give consent has given the person permission to return;
or
(3) the property is posted.
(b) Whoever enters an underground structure that (1) contains a utility line
or pipeline and (2) is not open to the public for pedestrian use, without claim
of right or consent of one who has the right to give consent to be in the
underground structure, is guilty of a gross misdemeanor. The underground
structure does not need to be posted for this paragraph to apply.
Subd. 3. Posting. For purposes of this section, a critical public service
facility, utility, or pipeline is posted if there are signs that:
(1) state "no trespassing" or similar terms;
(2) display letters at least two inches high;
(3) state that Minnesota law prohibits trespassing on the property; and
(4) are posted in a conspicuous place and at intervals of 500 feet or less.
Subd. 4. Detention authority; immunity. An employee or other person
designated by a critical public service facility, utility, or pipeline to ensure the
provision of services by the critical public service facility or the safe operation
of the equipment or facility of the utility or pipeline who has reasonable cause
to believe that a person is violating this section may detain the person as
provided in this subdivision. The person detained must be promptly informed
of the purpose of the detention and may not be subjected to unnecessary or
unreasonable force or interrogation. The employee or other designated person
must notify a peace officer promptly of the detention and may only detain the
person for a reasonable period of time. No employee or other designated
person is criminally or civilly liable for any detention that the employee or
person reasonably believed was authorized by and conducted in conformity
with this subdivision.
Subd. 5. Arrest authority. A peace officer may arrest a person without
a warrant if the officer has probable cause to believe the person violated this
section within the preceding four hours. The arrest may be made even though
the violation did not occur in the presence of the peace officer.

609.6057 GEOGRAPHIC RESTRICTION.

Subdivision 1. Definition. As used in this section, "geographic
restriction" means a limitation prohibiting a defendant in a criminal proceeding
or a juvenile offender in a delinquency proceeding from entering a designated
property or geographic area.
Subd. 2. Prohibited conduct; penalty. A person who knows of a
geographic restriction order issued against the person and intentionally enters
or remains in the restricted area is guilty of a misdemeanor.
Subd. 3. Notice. (a) A geographic restriction may be issued as a pretrial
order before final disposition of the underlying criminal case, as a
postconviction probationary order, or both. A geographic restriction order is
independent of any condition of pretrial release or probation imposed on the

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defendant. A geographic restriction order may be issued in addition to a similar

restriction imposed as a condition of pretrial release or probation.
(b) A court may issue a geographic restriction upon a finding that its
issuance will serve the interests of protecting public safety or property. In
making that determination, a court shall consider the following factors:
(1) whether a defendant's presence in a restricted area creates a risk to
public safety or property;
(2) a defendant's criminal history;
(3) the likelihood of future criminal activity within the restricted area; and
(4) any other factors deemed relevant by the court.
(c) A court may grant any exceptions to a geographic restriction that it
deems necessary in order to avoid the imposition of a significant hardship
upon a defendant. In determining whether to grant an exception, a court shall
also consider the impact of the exception on the interests of protecting public
safety or property.

(d) A geographic restriction order under this section shall be issued in a

proceeding that is separate from but which may be held immediately following
a proceeding in which any pretrial release or sentencing issues are decided.
(e) A court issuing a geographic restriction order under this section shall
notify a defendant:
(1) of the area subject to a geographic restriction; and
(2) that violation of the geographic restriction order is a crime.
Subd. 4. Cancellation. (a) A court shall cancel a pretrial geographic
restriction order at the final disposition of the underlying criminal case.
(b) A court shall cancel a postconviction geographic restriction order when
an offender completes a period of probationary supervision or is committed to
the commissioner of corrections.
(c) A court may cancel a postconviction geographic restriction order at
any time during which an offender is under probationary supervision.

609.606 UNLAWFUL OUSTER OR EXCLUSION.

A landlord, agent of the landlord, or person acting under the landlord's
direction or control who unlawfully and intentionally removes or excludes a
tenant from lands or tenements or intentionally interrupts or causes the
interruption of electrical, heat, gas, or water services to the tenant with intent
to unlawfully remove or exclude the tenant from lands or tenements is guilty
of a misdemeanor.

609.61 Repealed, 1976 c 124 s 10

609.611 INSURANCE FRAUD.

Subdivision 1. Insurance fraud prohibited. Whoever with the intent to
defraud for the purpose of depriving another of property or for pecuniary gain,
commits, or permits its employees or its agents to commit any of the following
acts, is guilty of insurance fraud and may be sentenced as provided in
subdivision 3:
(a) Presents, causes to be presented, or prepares with knowledge or
reason to believe that it will be presented, by or on behalf of an insured,

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claimant, or applicant to an insurer, insurance professional, or premium
finance company in connection with an insurance transaction or premium
finance transaction, any information that contains a false representation as to
any material fact, or that conceals a material fact concerning any of the
following:
(1) an application for, rating of, or renewal of, an insurance policy;
(2) a claim for payment or benefit under an insurance policy;
(3) a payment made according to the terms of an insurance policy;
(4) an application used in a premium finance transaction;
(b) Presents, causes to be presented, or prepares with knowledge or
reason to believe that it will be presented, to or by an insurer, insurance
professional, or a premium finance company in connection with an insurance
transaction or premium finance transaction, any information that contains a
false representation as to any material fact, or that conceals a material fact,
concerning any of the following:
(1) a solicitation for sale of an insurance policy or purported insurance
policy;
(2) an application for certificate of authority;
(3) the financial condition of an insurer; or
(4) the acquisition, formation, merger, affiliation, or dissolution of an
insurer;
(c) Solicits or accepts new or renewal insurance risks by or for an insolvent
insurer;
(d) Removes the assets or any record of assets, transactions, and affairs
or any material part thereof, from the home office or other place of business
of an insurer, or from the place of safekeeping of an insurer, or destroys or
sequesters the same from the department of commerce.
(e) Diverts, misappropriates, converts, or embezzles funds of an insurer,
insured, claimant, or applicant for insurance in connection with:
(1) an insurance transaction;
(2) the conducting of business activities by an insurer or insurance
professional; or
(3) the acquisition, formation, merger, affiliation, or dissolution of any
insurer.
Subd. 2. Statute of limitations. The applicable statute of limitations
provision under section 628.26 shall not begin to run until the insurance
company or law enforcement agency is aware of the fraud, but in no event
may the prosecution be commenced later than seven years after the act has
occurred.
Subd. 3. Sentence. Whoever violates this provision may be sentenced
as provided in section 609.52, subdivision 3, based on the greater of (i) the
value of property, services, or other benefit wrongfully obtained or attempted
to obtain, or (ii) the aggregate economic loss suffered by any person as a
result of the violation. A person convicted of a violation of this section must
be ordered to pay restitution to persons aggrieved by the violation. Restitution
must be ordered in addition to a fine or imprisonment but not in lieu of a fine
or imprisonment.
Subd. 4. Definitions. (a) "Insurance policy" means the written
instrument in which are set forth the terms of any certificate of insurance,
binder of coverage, or contract of insurance (including a certificate, binder, or

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contract issued by a state-assigned risk plan); benefit plan; nonprofit hospital

service plan; motor club service plan; or surety bond, cash bond, or any other
alternative to insurance authorized by a state's financial responsibility act.
(b) "Insurance professional" means sales agents, agencies, managing
general agents, brokers, producers, claims representatives, adjusters, and
third-party administrators.
(c) "Insurance transaction" means a transaction by, between or among:
(1) an insurer or a person who acts on behalf of an insurer; and (2) an insured,
claimant, applicant for insurance, public adjuster, insurance professional,
practitioner, or any person who acts on behalf of any of the foregoing, for the
purpose of obtaining insurance or reinsurance, calculating insurance
premiums, submitting a claim, negotiating or adjusting a claim, or otherwise
obtaining insurance, self-insurance, or reinsurance or obtaining the benefits
thereof or therefrom.
(d) "Insurer" means a person purporting to engage in the business of
insurance or authorized to do business in the state or subject to regulation by
the state, who undertakes to indemnify another against loss, damage or
liability arising from a contingent or unknown event. Insurer includes, but is
not limited to, an insurance company; self-insurer; reinsurer; reciprocal
exchange; interinsurer; risk retention group; Lloyd's insurer; fraternal benefit
society; surety; medical service, dental, optometric, or any other similar health
service plan; and any other legal entity engaged or purportedly engaged in the
business of insurance, including any person or entity that falls within the
definition of insurer found within section 60A.951, subdivision 5.
(e) "Premium" means consideration paid or payable for coverage under
an insurance policy. Premium includes any payment, whether due within the
insurance policy term or otherwise, and any deductible payment, whether
advanced by the insurer or insurance professional and subject to
reimbursement by the insured or otherwise, any self-insured retention or
payment, whether advanced by the insurer or insurance professional and
subject to reimbursement by the insured or otherwise, and any collateral or
security to be provided to collateralize obligations to pay any of the above.
(f) “Premium finance company” means a person engaged or purporting to
engage in the business of advancing money, directly or indirectly, to an insurer
or producer at the request of an insured under the terms of a premium finance
agreement, including but not limited to, loan contracts, notes, agreements or
obligations, wherein the insured has assigned the unearned premiums,
accrued dividends, or loss payments as security for such advancement in
payment of premiums on insurance policies only, but does not include the
financing of insurance premiums purchased in connection with the financing
of goods or services.
(g) “Premium finance transaction” means a transaction by, between, or
among an insured, a producer or other party claiming to act on behalf of an
insured and a third-party premium finance company, for the purposes of
purportedly or actually advancing money directly or indirectly to in insurer or
producer at the request of an insured under the terms of a premium finance
agreement, wherein the insured has assigned the unearned premiums,
accrued dividends or loan payments as security for such advancement in
payment of premiums on insurance policies only, but does not include the

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financing of insurance premiums purchased in connection with the financing
of goods or services.

609.612 EMPLOYMENT OF RUNNERS.

Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) "Public media" means telephone directories, professional directories,
newspapers and other periodicals, radio and television, billboards, and mailed
or electronically transmitted written communications that do not involve in-
person contact with a specific prospective patient or client.
(c) "Runner," "capper," or "steerer" means a person who for a pecuniary
gain directly procures or solicits prospective patients through telephonic,
electronic, or written communication, or in-person contact, at the direction of,
or in cooperation with, a health care provider when the person knows or has
reason to know that the provider's purpose is to perform or obtain services or
benefits under or relating to a contract of motor vehicle insurance. The term
runner, capper, or steerer does not include a person who solicits or procures
clients either through public media, or consistent with the requirements of
section 65B.54, subdivision 6.
Subd. 2. Act constituting. Whoever employs, uses, or acts as a runner,
capper, or steerer is guilty of a felony and may be sentenced to imprisonment
for not more than three years or to a payment of a fine of not more than $6,000,
or both. Charges for any services rendered by a health care provider, who
violated this section in regard to the person for whom such services were
rendered, are noncompensable and unenforceable as a matter of law.

609.615 DEFEATING SECURITY ON REALTY.

Whoever removes or damages real property which is subject to a
mortgage, mechanic's lien, or contract for deed, including during the period of
time allowed for redemption, with intent to impair the value of the property,
without the consent of the security holder, may be sentenced as follows:
(1) If the value of the property is impaired by $300 or less, to imprisonment
for not more than 90 days or to payment of a fine of not more than $1,000, or
both; or
(2) If the value of the property is impaired by more than $300, to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.

609.62 DEFEATING SECURITY ON PERSONALTY.

Subdivision 1. Definition. In this section "security interest" means an
interest in property which secures payment or other performance of an
obligation.
Subd. 2. Acts constituting. Whoever, with intent to defraud, does any
of the following may be sentenced to imprisonment for not more than three
years or to payment of a fine of not more than $6,000, or both:
(1) conceals, removes, or transfers any personal property in which the
actor knows that another has a security interest; or
(2) being an obligor and knowing the location of the property refuses to
disclose the same to an obligee entitled to possession thereof.

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609.621 PROOF OF CONCEALMENT OF PROPERTY BY

OBLIGOR OF SECURED PROPERTY.
Subdivision 1. Crime defined; obligor conceals property. When in
any prosecution under section 609.62, it appears that there is a default in the
payment of the debts secured and it further appears that the obligor has failed
or refused to reveal the location of the security, this shall be considered
sufficient evidence to sustain a finding that the obligor has removed,
concealed, or disposed of the property.
Subd. 2. Allegation. In any prosecution under section 609.62, it is a
sufficient allegation and description of the security and the property secured
to state generally that such property was duly mortgaged or sold under a
conditional sales contract, or as the case may be, giving the date thereof and
the names of the obligor and obligee.

FORGERY AND RELATED CRIMES

609.625 AGGRAVATED FORGERY.

Subdivision 1. Making or altering writing or object. Whoever, with
intent to defraud, falsely makes or alters a writing or object of any of the
following kinds so that it purports to have been made by another or by the
maker or alterer under an assumed or fictitious name, or at another time, or
with different provisions, or by authority of one who did not give such authority,
is guilty of aggravated forgery 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:
(1) a writing or object whereby, when genuine, legal rights, privileges, or
obligations are created, terminated, transferred, or evidenced, or any writing
normally relied upon as evidence of debt or property rights, other than a check
as defined in section 609.631 or a financial transaction card as defined in
section 609.821; or
(2) an official seal or the seal of a corporation; or
(3) a public record or an official authentication or certification of a copy
thereof; or
(4) an official return or certificate entitled to be received as evidence of
its contents; or
(5) a court order, judgment, decree, or process; or
(6) the records or accounts of a public body, office, or officer; or
(7) the records or accounts of a bank or person, with whom funds of the
state or any of its agencies or subdivisions are deposited or entrusted, relating
to such funds.
Subd. 2. Means for false reproduction. Whoever, with intent to defraud,
makes, engraves, possesses or transfers a plate or instrument for the false
reproduction of a writing or object mentioned in subdivision 1, a check as
defined in section 609.631, or a financial transaction card as defined in section
609.821, may be sentenced as provided in subdivision 1.
Subd. 3. Uttering or possessing. Whoever, with intent to defraud, utters
or possesses with intent to utter any forged writing or object mentioned in
subdivision 1, not including a check as defined in section 609.631 or a financial

219
transaction card as defined in section 609.821, knowing it to have been so
forged, may be sentenced as provided in subdivision 1.

609.63 FORGERY.
Subdivision 1. Crime defined; intent to defraud. Whoever, with intent
to injure or defraud, does any of the following is guilty of forgery and may be
sentenced to imprisonment for not more than three years or to payment of a
fine of not more than $5,000, or both:
(1) Uses a false writing, knowing it to be false, for the purpose of
identification or recommendation; or
(2) Without consent, places, or possesses with intent to place, upon any
merchandise an identifying label or stamp which is or purports to be that of
another craftsperson, tradesperson, packer, or manufacturer, or disposes
or possesses with intent to dispose of any merchandise so labeled or stamped;
or
(3) Falsely makes or alters a membership card purporting to be that of a
fraternal, business, professional, or other association, or of any labor union, or
possesses any such card knowing it to have been thus falsely made or altered;
or
(4) Falsely makes or alters a writing, or possesses a falsely made or
altered writing, evidencing a right to transportation on a common carrier; or
(5) Destroys, mutilates, or by alteration, false entry or omission, falsifies
any record, account, or other document relating to a private business; or
(6) Without authority of law, destroys, mutilates, or by alteration, false
entry, or omission, falsifies any record, account, or other document relating to
a person, corporation, or business, or filed in the office of, or deposited with,
any public office or officer; or
(7) Destroys a writing or object to prevent it from being produced at a trial,
hearing, or other proceeding authorized by law.
Subd. 2. Crime defined; forged document at trial. Whoever, with
knowledge that it is forged, offers in evidence in any trial, hearing or other
proceedings authorized by law, as genuine, any forged writing or object may
be sentenced as follows:
(1) If the writing or object is offered in evidence in the trial of a felony
charge, to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both; or
(2) In all other cases, to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both.

609.631 CHECK FORGERY; OFFERING FORGED CHECK.

Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "Check" means a check, draft, order of withdrawal, or similar
negotiable or nonnegotiable instrument.
(c) "Property" and "services" have the meanings given in section 609.52.
Subd. 2. Check forgery; elements. A person is guilty of check forgery
and may be sentenced under subdivision 4 if the person, with intent to defraud,
does any of the following:

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(1) falsely makes or alters a check so that it purports to have been made
by another or by the maker under an assumed or fictitious name, or at another
time, or with different provisions, or by the authority of one who did not give
authority; or
(2) falsely endorses or alters a check so that it purports to have been
endorsed by another.
Subd. 3. Offering a forged check; elements. A person who, with intent
to defraud, offers, or possesses with intent to offer, a forged check, whether
or not it is accepted, is guilty of offering a forged check and may be sentenced
as provided in subdivision 4.
Subd. 4. Sentencing. A person who is convicted under subdivision 2 or
3 may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of
not more than $100,000, or both, if the forged check or checks are used to
obtain or in an attempt to obtain, property or services of more than $35,000 or
the aggregate amount of the forged check or checks is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the forged check or checks are used to
obtain or in an attempt to obtain, property or services of more than $2,500 or
the aggregate amount of the forged check or checks is more than $2,500;
(3) to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if:
(a) the forged check or checks are used to obtain or in an attempt to
obtain, property or services of more than $250 but not more than $2,500, or
the aggregate face amount of the forged check or checks is more than $250
but not more than $2,500; or
(b) the forged check or checks are used to obtain or in an attempt to
obtain, property or services of no more than $250, or have an aggregate face
value of no more than $250, and the person has been convicted within the
preceding five years for an offense under this section, section 609.24;
609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or
609.821, or a statute from another state in conformity with any of those
sections, and the person received a felony or gross misdemeanor sentence
for the offense, or a sentence that was stayed under section 609.135 if the
offense to which a plea was entered would allow imposition of a felony or gross
misdemeanor sentence; and
(4) to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both, if the forged check or checks are used to obtain
or in an attempt to obtain, property or services of no more than $250, or the
aggregate face amount of the forged check or checks is no more than $250.
In any prosecution under this subdivision, the value of the checks forged
or offered by the defendant in violation of this subdivision within any six-month
period may be aggregated and the defendant charged accordingly in applying
the provisions of this section. When two or more offenses are committed by
the same person in two or more counties, the accused may be prosecuted in
any county in which one of the checks was forged or offered for all of the
offenses aggregated under this paragraph.

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609.632 COUNTERFEITING OF CURRENCY.
Subdivision 1. Manufacturing; printing. Whoever, with the intent to
defraud, falsely makes, alters, prints, scans, images, or copies any United
States postal money order, United States currency, Federal Reserve note, or
other obligation or security of the United States so that it purports to be
genuine or has different terms or provisions than that of the United States
Postal Service or United States Treasury is guilty of counterfeiting and may be
sentenced as provided in subdivision 4.
Subd. 2. Means for false reproduction. Whoever, with intent to
defraud, makes, engraves, possesses, or transfers a plate or instrument,
computer, printer, camera, software, paper, cloth, fabric, ink, or other material
for the false reproduction of any United States postal money order, United
States currency, Federal Reserve note, or other obligation or security of the
United States is guilty of counterfeiting and may be sentenced as provided in
subdivision 4.
Subd. 3. Uttering or possessing. Whoever, with intent to defraud,
utters or possesses with intent to utter any counterfeit United States postal
money order, United States currency, Federal Reserve note, or other
obligation or security of the United States, having reason to know that the
money order, currency, note, or obligation or security is forged, counterfeited,
falsely made, altered, or printed, is guilty of offering counterfeited currency and
may be sentenced as provided in subdivision 4.
Subd. 4. Penalty. (a) A person who is convicted of violating subdivision
1 or 2 may be sentenced to imprisonment for not more than 20 years or to
payment of a fine of not more than $100,000, or both.
(b) A person who is convicted of violating subdivision 3 may be sentenced
as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of
not more than $100,000, or both, if the counterfeited item is used to obtain or
in an attempt to obtain property or services having a value of more than
$35,000, or the aggregate face value of the counterfeited item is more than
$35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the counterfeited item is used to obtain or in
an attempt to obtain property or services having a value of more than $5,000,
or the aggregate face value of the counterfeited item is more than $5,000;
(3) to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if:
(i) the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $1,000 or the aggregate face
value of the counterfeited item is more than $1,000; or
(ii) the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of no more than $1,000, or the aggregate
face value of the counterfeited item is no more than $1,000, and the person
has been convicted within the preceding five years for an offense under this
section, section 609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1, 2,
or 3; 609.625; 609.63; or 609.821, or a statute from another state or the United
States in conformity with any of those sections, and the person received a
felony or gross misdemeanor sentence for the offense, or a sentence that was

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stayed under section 609.135 if the offense to which a plea was entered would
allow the imposition of a felony or gross misdemeanor sentence; or
(4) to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both, if the counterfeited item is used to obtain or in
an attempt to obtain property or services having a value of no more than
$1,000, or the aggregate face value of the counterfeited item is no more than
$1,000.
Subd. 5. Aggregation; venue. In any prosecution under this section,
the value of the counterfeited United States postal money orders, United
States currency, Federal Reserve notes, or other obligations or securities of
the United States, offered by the defendant in violation of this section within
any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section. When two or more
offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the counterfeited
items was forged, offered, or possessed, for all of the offenses aggregated
under this subdivision.

609.635 OBTAINING SIGNATURE BY FALSE PRETENSE.

Whoever, by false pretense, obtains the signature of another to a writing
which is a subject of forgery under section 609.625, subdivision 1, may be
punished as therein provided.

S609.64 RECORDING, FILING OF FORGED INSTRUMENT.

Whoever intentionally presents for filing, registering, or recording, or files,
registers, or records a false or forged instrument relating to or affecting real or
personal property in a public office entitled to file, register, or record such
instrument when genuine may be sentenced to imprisonment for not more
than three years or to payment of a fine of not more than $5,000, or both.

609.645 FRAUDULENT STATEMENTS.

Whoever, with intent to injure or defraud, does any of the following may
be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $5,000, or both:
(1) Circulates or publishes a false statement, oral or written, relating to a
corporation, association, or individual, intending thereby to give a false
apparent value to securities issued or to be issued by, or to the property of,
such corporation, association, or individual; or
(2) Makes a false ship's or airplane's manifest, invoice, register, or
protest.

609.65 FALSE CERTIFICATION BY NOTARY PUBLIC.

Whoever, when acting or purporting to act as a notary public or other
public officer, certifies falsely that an instrument has been acknowledged or
that any other act was performed by a party appearing before the actor or that
as such notary public or other public officer the actor performed any other
official act may be sentenced as follows:

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 (1) If the actor so certifies with intent to injure or defraud, to imprisonment
for not more than three years or to payment of a fine of not more than $5,000,
or both; or
(2) In any other case, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.

609.651 STATE LOTTERY FRAUD.

Subdivision 1. Felony. A person is guilty of a felony and may be
sentenced under subdivision 4 if the person does any of the following with
intent to defraud the state lottery:
(1) alters or counterfeits a state lottery ticket;
(2) knowingly presents an altered or counterfeited state lottery ticket for
payment;
(3) knowingly transfers an altered or counterfeited state lottery ticket to
another person; or
(4) otherwise claims a lottery prize by means of fraud, deceit, or
misrepresentation.
Subd. 2. Computer access. A person is guilty of a felony and may be
sentenced under subdivision 4 if the person:
(1) obtains access to a computer data base maintained by the director
without the specific authorization of the director;
(2) obtains access to a computer data base maintained by a person under
contract with the director to maintain the data base without the specific
authorization of the director and the person maintaining the data base.
Subd. 3. False statements. A person is guilty of a felony and may be
sentenced under subdivision 4 if the person:
(1) makes a materially false or misleading statement, or a material
omission, in a record required to be submitted under chapter 349A; or
(2) makes a materially false or misleading statement, or a material
omission, in information submitted to the director of the state lottery in a lottery
retailer's application or a document related to a bid.
Subd. 4. Penalty. (a) A person who violates subdivision 1 or 2 may be
sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $50,000, or both.
(b) A person who violates subdivision 1 or 2 and defrauds the state lottery
of $35,000 or more may be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $100,000, or both.
(c) A person who violates subdivision 3 may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $25,000, or both.

609.652 FRAUDULENT DRIVERS’ LICENSES AND

IDENTIFICATION CARDS; PENALTY.
Subdivision 1. Definitions. For purposes of this section:
(1) “driver’s license or identification card” means a driver’s license or
identification card issued by the driver and vehicle services division of the
department of public safety or receipts issued by its authorized agents or those
of any state as defined in section 171.01 that issues licenses recognized in
this state for the operation of a motor vehicle or that issues identification cards

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recognized in this state for the purpose of indicating a person’s legal name
and age;
(2) “fraudulent driver’s license or identification card” means a document
purporting to be a driver’s license or identification card, but that is not
authentic; and
(3) “sell” means to sell, barter, deliver, exchange, distribute, or dispose of
to another.
Subd. 2. Criminal acts. (a) A person who does any of the following for
consideration and with intent to manufacture, sell, issue, publish, or pass more
than one fraudulent driver’s license or identification card or to cause or permit
any of the items listed in clauses (1) to (5) to be used in forging or making
more than one false or counterfeit driver’s license or identification card is guilty
of a crime;
(1) has in control, custody, or possession any plate, block, press, stone,
digital image, computer software program, encoding equipment, computer
optical scanning equipment, or digital photo printer, or other implement, or any
part of such an item, designed to assist in making a fraudulent driver’s license
or identification card;
(2) engraves, makes, or amends, or begins to engrave, make, or amend,
any plate, block, press, stone, or other implement for the purpose of producing
a fraudulent driver’s license or identification card;
(3) uses a photocopier, digital camera, photographic image, or computer
software to generate a fraudulent driver’s license or identification card;
(4) has in control, custody, or possession or makes or provides paper or
other material adapted and designed for the making of a fraudulent driver’s
license or identification card; or
(5) prints, photographs, or in any manner makes or executes an engraved
photograph, print, or impression purporting to be a driver’s license or
identification card.
(b) Notwithstanding section 171.22, a person who manufactures or
possesses more than one fraudulent driver’s license or identification card with
intent to sell is guilty of a crime.
Subd. 3. Penalties. A person who commits any act described in
subdivision 2 is guilty of a gross misdemeanor. A person convicted of a
second or subsequent offense of this subdivision 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.

609.655 Repealed, 1976 c 112 s 2

CRIMES AGAINST PUBLIC SAFETY AND HEALTH

609.66 DANGEROUS WEAPONS.

Subdivision 1. Misdemeanor and gross misdemeanor crimes. (a)
Whoever does any of the following is guilty of a crime and may be sentenced
as provided in paragraph (b):
(1) recklessly handles or uses a gun or other dangerous weapon or
explosive so as to endanger the safety of another; or

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 (2) intentionally points a gun of any kind, capable of injuring or killing a
human being and whether loaded or unloaded, at or toward another; or
(3) manufactures or sells for any unlawful purpose any weapon known as
a slungshot or sand club; or
(4) manufactures, transfers, or possesses metal knuckles or a switch
blade knife opening automatically; or
(5) possesses any other dangerous article or substance for the purpose
of being used unlawfully as a weapon against another; or
(6) outside of a municipality and without the parent's or guardian's
consent, furnishes a child under 14 years of age, or as a parent or guardian
permits the child to handle or use, outside of the parent's or guardian's
presence, a firearm or airgun of any kind, or any ammunition or explosive.
Possession of written evidence of prior consent signed by the minor's
parent or guardian is a complete defense to a charge under clause (6).
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was committed in a public housing zone, as defined in section
152.01, subdivision 19, a school zone, as defined in section 152.01,
subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a,
to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both; or
(2) otherwise, including where the act was committed on residential
premises within a zone described in clause (1) if the offender was at the time
an owner, tenant, or invitee for a lawful purpose with respect to those
residential premises, to imprisonment for not more than 90 days or to payment
of a fine of not more than $1,000, or both.
Subd. 1a. Felony crimes; suppressors; reckless discharge. (a)
Whoever does any of the following is guilty of a felony and may be sentenced
as provided in paragraph (b):
(1) sells or has in possession a suppressor that is not lawfully possessed
under federal law;
(2) intentionally discharges a firearm under circumstances that endanger
the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was a violation of paragraph (a), clause (2), or if the act was
a violation of paragraph (a), clause (1) or (3) and was committed in a public
housing zone, as defined in section 152.01, subdivision 19, a school zone, as
defined in section 152.01, subdivision 14a, or a park zone, as defined in
section 152.01, subdivision 12a, to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both; or
(2) otherwise, to imprisonment for not more than two years or to payment
of a fine of not more than $5,000, or both.
(c) As used in this subdivision, “suppressor” means any device for
silencing, muffling, or diminishing the report of a portable firearm, including
any combination of parts, designed or redesigned, and intended for use in
assembling or fabricating a firearm silencer or firearm muffler, and any part
intended only for use in such assembly or fabrication.
Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality
of this state, furnishes a minor under 18 years of age with a firearm, airgun,
ammunition, or explosive without the prior consent of the minor's parent or

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guardian or of the police department of the municipality 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. Possession of written
evidence of prior consent signed by the minor's parent or guardian is a
complete defense to a charge under this subdivision.
Subd. 1c. Felony; furnishing a dangerous weapon. Whoever
recklessly furnishes a person with a dangerous weapon in conscious disregard
of a known substantial risk that the object will be possessed or used in
furtherance of a felony crime of violence 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.
Subd. 1d. Possession on school property; penalty. (a) Except as
provided under paragraphs (d) and (f), whoever possesses, stores, or keeps
a dangerous weapon while knowingly on school property 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.
(b) Whoever used or brandishes a replica firearm or a BB gun while
knowingly on school property is guilty of a gross misdemeanor.
(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun
while knowingly on school property is guilty of a misdemeanor.
(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a
person authorized to carry a firearm under the provisions of a permit or
otherwise to carry a firearm on or about the person's clothes or person in a
location the person knows is school property. Notwithstanding section
609.531, a firearm carried in violation of this paragraph is not subject to
forfeiture.
(e) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of
an inch or less in diameter;
(2) "dangerous weapon" has the meaning given it in section 609.02,
subdivision 6;
(3) "replica firearm" has the meaning given it in section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building
and its improved grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period
children are present and participating in a child care program;
(iii) the area within a school bus when that bus is being used by a school
to transport one or more elementary, middle, or secondary school students to
and from school-related activities, including curricular, cocurricular,
noncurricular, extracurricular, and supplementary activities; and
(iv) that portion of a building or facility under the temporary, exclusive
control of a public or private school, a school district, or an association of such
entities where conspicuous signs are prominently posted at each entrance that
give actual notice to persons of the school-related use.
(f) This subdivision does not apply to:
(1) active licensed peace officers;
(2) military personnel or students participating in military training, who are
on-duty, performing official duties;

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 (3) persons authorized to carry a pistol under section 624.714 while in a
motor vehicle or outside of a motor vehicle to directly place a firearm in, or
retrieve it from, the trunk or rear area of the vehicle;
(4) persons who keep or store in a motor vehicle pistols in accordance
with section 624.714 or 624.715 or other firearms in accordance with section
97B.045;
(5) firearm safety or marksmanship courses or activities conducted on
school property;
(6) possession of dangerous weapons, BB guns, or replica firearms by a
ceremonial color guard;
(7) a gun or knife show held on school property;
(8) possession of dangerous weapons, BB guns, or replica firearms with
written permission of the principal or other person having general control and
supervision of the school or the director of a child care center; or
(9) persons who are on unimproved property owned or leased by a child
care center, school, or school district unless the person knows that a student
is currently present on the land for a school-related activity.
(g ) Notwithstanding section 471.634, a school district or other entity
composed exclusively of school districts may not regulate firearms,
ammunition, or their respective components, when possessed or carried by
nonstudents or nonemployees, in a manner that is inconsistent with this
subdivision.
Subd. 1e. Felony; drive-by shooting. (a) A person is guilty of a felony
who, while in or having just exited from a motor vehicle, recklessly discharges
a firearm at or toward:
(1) an unoccupied motor vehicle or building;
(2) an occupied motor vehicle or building; or
(3) a person.
(b) A person convicted under paragraph (a), clause (1), may be sentenced
to imprisonment for not more than three years or to payment of a fine of not
more than $6,000, or both. A person convicted under paragraph (a), clause
(2) or (3), 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..
(c) For purposes of this subdivision, "motor vehicle" has the meaning
given in section 609.52, subdivision 1, and "building" has the meaning given
in section 609.581, subdivision 2.
Subd. 1f. Gross Misdemeanor; transferring a firearm without
background check. A person, other than a federally licensed firearms dealer,
who transfers a pistol or semiautomatic military-style assault weapon to
another without complying with the transfer requirements of section 624.7132,
is guilty
of a gross misdemeanor if the transferee possesses or uses the weapon within
one year after the transfer in furtherance of a felony crime of violence, and if:
(1) the transferee was prohibited from possessing the weapon under
section 624.713 at the time of the transfer; or
(2) it was reasonably foreseeable at the time of the transfer that the
transferee was likely to use of possess the weapon in furtherance of a felony
crime of violence.
Subd. 1g. Felony; possession in courthouse or certain state
buildings. (a) A person who commits either of the following acts is guilty of a

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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) possesses a dangerous weapon, ammunition, or explosives within any
courthouse complex; or
(2) possesses a dangerous weapon, ammunition, or explosives in any
state building within the Capitol area described in section 15B, other than the
National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted by other law to
possess a dangerous weapon, this subdivision does not apply to:
(1) licensed peace officers or military personnel who are performing
official duties;
(2) persons who carry pistols according to the terms of a permit issued
under section 624.714 and who so notify the sheriff or the commissioner of
public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose of display
as demonstrative evidence during testimony at a trial or hearing or exhibition
in compliance with advance notice and safety guidelines set by the sheriff or
the commissioner of public safety; or
(4) persons who possess dangerous weapons in a courthouse complex
with the express consent of the county sheriff or who possess dangerous
weapons in a state building with the express consent of the commissioner of
public safety.
(c) For purposes of this subdivision, the issuance of a permit to carry
under section 624.714 constitutes notification of the commissioner of public
safety as required under paragraph (b), clause (2).
Subd. 1h. Repealed, 2015 c 65 s 38
Subd. 2. Exceptions. Nothing in this section prohibits the possession of
the articles mentioned by museums or collectors of art or for other lawful
purposes of public exhibition.

609.661 PENALTY FOR SET GUNS; SWIVEL GUNS.

A person who violates a provision relating to set guns or swivel guns is
guilty of a gross misdemeanor.

609.662 SHOOTING VICTIM; DUTY TO RENDER AID.

Subdivision 1. Definition. As used in this section, "reasonable
assistance" means aid appropriate to the circumstances, and includes
obtaining or attempting to obtain assistance from a conservation or law
enforcement officer, or from medical personnel.
Subd. 2. Duty to render aid. (a) A person who discharges a firearm
and knows or has reason to know that the discharge has caused bodily harm
to another person, shall:
(1) immediately investigate the extent of the person's injuries; and
(2) render immediate reasonable assistance to the injured person.
(b) A person who violates this subdivision is guilty of a crime and may be
sentenced as follows:
(1) if the injured person suffered death or great bodily harm as a result of
the discharge, to imprisonment for not more than two years or to payment of
a fine of not more than $4,000, or both;

229
 (2) if the injured person suffered substantial bodily harm as a result of the
discharge, to imprisonment for not more than one year and one day or to
payment of a fine of not more than $3,000, or both;
(3) otherwise, to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both.
(c) Notwithstanding section 609.035 or 609.04, a prosecution for or
conviction under this subdivision is not a bar to conviction of or punishment for
any other crime committed by the defendant as part of the same conduct.
Subd. 3. Duty of witness. (a) A person who witnesses the discharge of
a firearm and knows or has reason to know that the discharge caused bodily
harm to a person shall:
(1) immediately investigate the extent of the injuries; and
(2) render immediate reasonable assistance to the injured person.
(b) A person who violates this subdivision is guilty of a crime and may be
sentenced as follows:
(1) if the defendant was a companion of the person who discharged the
firearm at the time of the discharge, to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both;
(2) otherwise, to imprisonment for not more than 90 days or to payment
of a fine of not more than $1,000, or both.
Subd. 4. Defense. It is an affirmative defense to a charge under this
section if the defendant proves by a preponderance of the evidence that the
defendant failed to investigate or render assistance as required under this
section because the defendant reasonably perceived that these actions could
not be taken without a significant risk of bodily harm to the defendant or others.
Subd. 5. Repealed, 1994 c 623 art 5 s 3.

609.663 DISPLAY OF HANDGUN AMMUNITION.

It is a petty misdemeanor to display centerfire metallic-case handgun
ammunition for sale to the public in a manner that makes the ammunition
directly accessible to persons under the age of 18 years, other than employees
or agents of the seller, unless the display is under observation of the seller or
the seller's employee or agent, or the seller takes reasonable steps to exclude
underage persons from the immediate vicinity of the display. Ammunition
displayed in an enclosed display case or behind a counter is not directly
accessible. This section does not apply to ammunition suitable for big game
hunting.

609.665 SPRING GUNS.

Whoever sets a spring gun, pitfall, deadfall, snare, or other like dangerous
weapon or device, may be sentenced to imprisonment for not more than six
months or to payment of a fine of not more than $1,000, or both.

609.666 NEGLIGENT STORAGE OF FIREARMS.

Subdivision 1. Definitions. For purposes of this section, the following
words have the meanings given.
(a) "Firearm" means a device designed to be used as a weapon, from
which is expelled a projectile by the force of any explosion or force of
combustion.

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(b) "Child" means a person under the age of 18 years.

(c) "Loaded" means the firearm has ammunition in the chamber or
magazine, if the magazine is in the firearm, unless the firearm is incapable of
being fired by a child who is likely to gain access to the firearm.
Subd. 2. Access to firearms. A person is guilty of a gross misdemeanor
who negligently stores or leaves a loaded firearm in a location where the
person knows, or reasonably should know, that a child is likely to gain access,
unless reasonable action is taken to secure the firearm against access by the
child.
Subd. 3. Limitations. Subdivision 2 does not apply to a child's access to
firearms that was obtained as a result of an unlawful entry.

609.667 FIREARMS; REMOVAL OR ALTERATION OF SERIAL

NUMBER.
Whoever commits any of the following acts 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) obliterates, removes, changes, or alters the serial number or other
identification of a firearm;
(2) receives or possesses a firearm, the serial number or other
identification of which has been obliterated, removed, changed, or altered; or
(3) receives or possesses a firearm that is not identified by a serial
number.
As used in this section, "serial number or other identification" means the
serial number and other information required under United States Code, title
26, section 5842, for the identification of firearms.

609.668 EXPLOSIVE AND INCENDIARY DEVICES.

Subdivision 1. Definitions. For purposes of this section, the following
terms have the meanings given them.
(a) "Explosive device" means a device so articulated that an ignition by
fire, friction, concussion, chemical reaction, or detonation of any part of the
device may cause such sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing destructive effects.
Explosive devices include, but are not limited to, bombs, grenades, rockets
having a propellant charge of more than four ounces, mines, and fireworks
modified for other than their intended purpose. The term includes devices that
produce a chemical reaction that produces gas capable of bursting its
container and producing destructive effects. The term does not include
firearms ammunition.
(b) "Incendiary device" means a device so articulated that an ignition by
fire, friction, concussion, detonation, or other method may produce destructive
effects primarily through combustion rather than explosion. The term does not
include a manufactured device or article in common use by the general public
that is designed to produce combustion for a lawful purpose, including but not
limited to matches, lighters, flares, or devices commercially manufactured
primarily for the purpose of illumination, heating, or cooking. The term does
not include firearms ammunition.

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 (c) "Crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes a domestic assault conviction when
committed within the last three years or while an order for protection is active
against the person, whichever period is longer.
Subd. 2. Possession by certain persons prohibited. The following
persons are prohibited from possessing or reporting an explosive device or
incendiary device:
(a) a person under the age of 18 years;
(b) a person who has been convicted in this state or elsewhere of a crime
of violence unless ten years have elapsed since the person's civil rights have
been restored or the sentence has expired, whichever occurs first, and during
that time the person has not been convicted of any other crime of violence.
For purposes of this section, crime of violence Includes crimes in other states
or jurisdictions that would have been crimes of violence if they had been
committed in this state;
(c) a person who is or has ever been confined or committed in Minnesota
or elsewhere as a person who is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02, to a
treatment facility, unless the person possesses a certificate of a medical doctor
or psychiatrist licensed in Minnesota, or other satisfactory proof, that the
person is no longer suffering from this disability;
(d) a person who has been convicted in Minnesota or elsewhere for the
unlawful use, possession, or sale of a controlled substance other than
conviction for possession of a small amount of marijuana, as defined in section
152.01, subdivision 16, or who is or has ever been hospitalized or committed
for treatment for the habitual use of a controlled substance or marijuana, as
defined in sections 152.01 and 152.02, unless the person possesses a
certificate of a medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled substance or
marijuana during the previous two years;
(e) a person who has been confined or committed to a treatment facility in
Minnesota or elsewhere as chemically dependent, as defined in section
253B.02, unless the person has completed treatment; and
(f) a peace officer who is informally admitted to a treatment facility under
section 253B.04 for chemical dependency, unless the officer possesses a
certificate from the head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility.
A person who in good faith issues a certificate to a person described in
this subdivision to possess or use an incendiary or explosive device is not
liable for damages resulting or arising from the actions or misconduct with an
explosive or incendiary device committed by the individual who is the subject
of the certificate.
Subd. 3. Uses permitted. (a) The following persons may own or possess
an explosive device or incendiary device provided that subdivision 4 is
complied with:
(1) law enforcement officers for use in the course of their duties;
(2) fire department personnel for use in the course of their duties;
(3) corrections officers and other personnel at correctional facilities or
institutions when used for the retention of persons convicted or accused of
crime;

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(4) persons possessing explosive devices or incendiary devices that

although designed as devices have been determined by the commissioner of
public safety or the commissioner's delegate, by reason of the date of
manufacture, value, design, or other characteristics, to be a collector's item,
relic, museum piece, or specifically used in a particular vocation or
employment, such as the entertainment industry; and
(5) dealers and manufacturers who are federally licensed or registered.
(b) Persons listed in paragraph (a) shall also comply with the federal
requirements for the registration and licensing of destructive devices.
Subd. 4. Report required. (a) Before owning or possessing an explosive
device or incendiary device as authorized by subdivision 3, a person shall file
a written report with the department of public safety showing the person's
name and address; the person's title, position, and type of employment; a
description of the explosive device or incendiary device sufficient to enable
identification of the device; the purpose for which the device will be owned or
possessed; the federal license or registration number, if appropriate; and other
information as the department may require.
(b) Before owning or possessing an explosive device or incendiary
device, a dealer or manufacturer shall file a written report with the department
of public safety showing the name and address of the dealer or manufacturer;
the federal license or registration number, if appropriate; the general type and
disposition of the device; and other information as the department may require.
Subd. 5. Exceptions. This section does not apply to:
(1) members of the armed forces of either the United States or the state
of Minnesota when for use in the course of duties;
(2) educational institutions when the devices are manufactured or used in
conjunction with an official education course or program;
(3) propellant-actuated devices, or propellant-actuated industrial tools
manufactured, imported, or distributed for their intended purpose;
(4) items that are neither designed or redesigned for use as explosive
devices or incendiary devices;
(5) governmental organizations using explosive devices or incendiary
devices for agricultural purposes or control of wildlife;
(6) governmental organizations using explosive devices or incendiary
devices for official training purposes or as items retained as evidence; or
(7) arsenals, navy yards, depots, or other establishments owned by, or
operated by or on behalf of, the United States.
Subd. 6. Acts prohibited; penalties. (a) Except as otherwise provided
in this section, whoever possesses, manufactures, transports, or stores an
explosive device or incendiary device in violation of this section 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) Whoever legally possesses, manufactures, transports, or stores an
explosive device or incendiary device, with intent to use the device to damage
property or cause injury, 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.

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 (c) Whoever, acting with gross disregard for human life or property,
negligently causes an explosive device or incendiary device to be discharged,
may be sentenced to imprisonment for not more than 20 years or to payment
of a fine of not more than $100,000, or both.
Subd. 7. Repealed, 2003, c 2 a 1 s 45

609.669 CIVIL DISORDER.

Subdivision 1. Prohibited Acts. (a) A person is guilty of a gross
misdemeanor who:
(1) teaches or demonstrates to any other person how to use or make any
firearm, or explosive or incendiary device capable of causing injury or death,
knowing or having reason to know that it will be unlawfully employed for use
in, or in furtherance of, a civil disorder; or
(2) assembles with one or more persons for the purpose of training with,
practicing with, or being instructed in the use of any firearm, or explosive or
incendiary device capable of causing injury or death, with the intent that it be
unlawfully employed for use in, or in furtherance of, a civil disorder.
(b) This section does not apply to law enforcement officers engaged in
the lawful performance of the officer’s official duties.
Subd. 2. Definitions. For purposes of this section, the following terms
have the meanings given them:
(1) “civil disorder” means any public disturbance involving acts of violence
by assemblages of three or more persons, which causes an immediate danger
of or results in damage or injury to the property or person of any other
individual;
(2) “firearm” means any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive; or the frame or
receiver of any such weapon;
(3) “explosive or incendiary device” has the meaning given in section
609.668, subdivision 1; and
(4) “law enforcement officer” means any officer or employee of the United
States, the state, or any political subdivision of the state, and specifically
includes members of the National Guard and members of the armed forces of
the United States.

609.67 MACHINE GUNS AND SHORT-BARRELED SHOTGUNS.

Subdivision 1. Definitions. (a) "Machine gun" means any firearm
designed to discharge, or capable of discharging automatically more than
once by a single function of the trigger.
(b) "Shotgun" means a weapon designed, redesigned, made or remade
which is intended to be fired from the shoulder and uses the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore either a number
of ball shot or a single projectile for each single pull of the trigger.
(c) "Short-barreled shotgun" means a shotgun having one or more barrels
less than 18 inches in length and any weapon made from a shotgun if such
weapon as modified has an overall length less than 26 inches.
(d) "Trigger activator" means a removable manual or power driven trigger
activating device constructed and designed so that, when attached to a

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firearm, the rate at which the trigger may be pulled increases and the rate of
fire of the firearm increases to that of a machine gun.
(e) "Machine gun conversion kit" means any part or combination of parts
designed and intended for use in converting a weapon into a machine gun,
and any combination of parts from which a machine gun can be assembled,
but does not include a spare or replacement part for a machine gun that is
possessed lawfully under section 609.67, subdivision 3.
Subd. 2. Acts prohibited. Except as otherwise provided herein,
whoever owns, possesses, or operates a machine gun, any trigger activator
or machine gun conversion kit, or a short-barreled shotgun 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.
Subd. 3. Uses permitted. The following persons may own or possess a
machine gun or short-barreled shotgun provided the provisions of subdivision
4 are complied with:
(1) law enforcement officers for use in the course of their duties;
(2) chief executive officers of correctional facilities and other personnel
thereof authorized by them and persons in charge of other institutions for the
retention of persons convicted or accused of crime, for use in the course
of their duties;
(3) persons possessing machine guns or short-barreled shotguns which,
although designed as weapons, have been determined by the superintendent
of the bureau of criminal apprehension or the superintendent's delegate by
reason of the date of manufacture, value, design or other characteristics to be
primarily collector's items, relics, museum pieces or objects of curiosity,
ornaments or keepsakes, and are not likely to be used as weapons;
(4) manufacturers of ammunition who possess and use machine guns for
the sole purpose of testing ammunition manufactured for sale to federal and
state agencies or political subdivisions;
(5) dealers and manufacturers who are federally licensed to buy and sell,
or manufacture machine guns or short-barreled shotguns and who either use
the machine guns or short-barreled shotguns in peace officer training under
courses approved by the board of peace officer standards and training, or are
engaged in the sale of machine guns or short-barreled shotguns to federal and
state agencies or political subdivisions; and
(6) persons employed by the Minnesota National Guard as security
guards, for use in accordance with applicable federal military regulations.
Subd. 4. Report required. (a) A person owning or possessing a machine
gun or short-barreled shotgun as authorized by subdivision 3, clause (1), (2),
(3), or (4) shall, within ten days after acquiring such ownership or possession,
file a written report with the bureau of criminal apprehension, showing the
person's name and address; the person's official title and position, if any; a
description of the machine gun or short-barreled shotgun sufficient to enable
identification thereof; the purpose for which it is owned or possessed; and such
further information as the bureau may reasonably require.
(b) A dealer or manufacturer owning or having a machine gun or short-
barreled shotgun as authorized by subdivision 3, clause (5) shall, by the tenth
day of each month, file a written report with the bureau of criminal
apprehension showing the name and address of the dealer or manufacturer

235
and the serial number of each machine gun or short-barreled shotgun acquired
or manufactured during the previous month.
Subd. 5. Exceptions. This section does not apply to members of the
armed services of either the United States or the state of Minnesota for use in
the course of their duties or to security guards employed by the Minnesota
National Guard for use in accordance with applicable federal military
regulations.
Subd. 6. Preemption. Laws 1977, chapter 255, supersedes all local
ordinances, rules and regulations.

609.671 ENVIRONMENT; CRIMINAL PENALTIES.

Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "Agency" means the pollution control agency.
(c) "Deliver" or "delivery" means the transfer of possession of hazardous
waste, with or without consideration.
(d) "Dispose" or "disposal" has the meaning given it in section 115A.03,
subdivision 9.
(e) "Hazardous air pollutant" means an air pollutant listed under United
States Code, title 42, section 7412(b).
(f) "Hazardous waste" means any waste identified as hazardous under
the authority of section 116.07, subdivision 4, except for those wastes
exempted under Minnesota Rules, part 7045.0120, wastes generated under
Minnesota Rules, part 7045.0213 and household appliances.
(g) "Permit" means a permit issued by the pollution control agency under
chapter 115 or 116 or the rules promulgated under those chapters including
interim status for hazardous waste facilities.
(h) "Solid waste" has the meaning given in section 116.06, subdivision
22.
(i) "Toxic pollutant" means a toxic pollutant on the list established under
United States Code, title 33, section 1317.
Subd. 2. Definition of knowing. (a) For purposes of this section, an act
is committed knowingly if it is done voluntarily and is not the result of
negligence, mistake, accident, or circumstances that are beyond the control
of the defendant. Whether an act was knowing may be inferred from the
person's conduct, from the person's familiarity with the subject matter in
question, or from all of the facts and circumstances connected with the case.
Knowledge may also be established by evidence that the person took
affirmative steps to shield the person from relevant information. Proof of
knowledge does not require that a person knew a particular act or failure to
act was a violation of law or that the person had specific knowledge of the
regulatory limits or testing procedures involved in a case.
(b) Knowledge of a corporate official may be established under paragraph
(a) or by proof that the person is a responsible corporate official. To prove
that the person is a responsible corporate official, it must be shown that:
(1) the person is an official of the corporation, not merely an employee;
(2) the person has direct control of or supervisory responsibility for the
activities related to the alleged violation, but not solely that the person held a
certain job or position in a corporation; and

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(3) the person had information regarding the offense for which the
defendant is charged that would lead a reasonable and prudent person in the
defendant's position to learn the actual facts.
(c) Knowledge of a corporation may be established by showing that an
illegal act was performed by an agent acting on behalf of the corporation within
the scope of employment and in furtherance of the corporation's business
interest, unless a high managerial person with direct supervisory authority over
the agent demonstrated due diligence to prevent the crime's commission.
Subd. 3. Knowing endangerment. (a) A person is guilty of a felony if
the person:
(1) commits an act described in subdivision 4, 5, 8, paragraph (a), or 12;
and
(2) at the time of the violation knowingly places another person in
imminent danger of death, great bodily harm, or substantial bodily harm.
(b) A person convicted under this subdivision may be sentenced to
imprisonment for not more than ten years, or to payment of a fine of not more
than $100,000, or both, except that a defendant that is an organization may
be sentenced to payment of a fine of not more than $1,000,000.
Subd. 4. Hazardous waste; unlawful disposal or abandonment. A
person who knowingly disposes of or abandons hazardous waste or arranges
for the disposal of hazardous waste at a location other than one authorized by
the pollution control agency or the United States Environmental Protection
Agency, or in violation of any material term or condition of a hazardous waste
facility permit, 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 $50,000, or
both.
Subd. 5. Hazardous waste; unlawful treatment, storage,
transportation, or delivery. (a) A person is guilty of a felony who knowingly
does any of the following:
(1) delivers hazardous waste to any person other than a person who is
authorized to receive the waste under rules adopted under section 116.07,
subdivision 4, or under United States Code, title 42, sections 6921 to 6938;
(2) treats or stores hazardous waste without a permit if a permit is
required, or in violation of a material term or condition of a permit held by the
person, unless:
(i) the person notifies the agency prior to the time a permit would be
required that the person will be treating or storing waste without a permit; or
(ii) for a violation of a material term or condition of a permit, the person
immediately notifies the agency issuing the permit of the circumstances of the
violation as soon as the person becomes aware of the violation;
(3) transports hazardous waste to any location other than a facility that is
authorized to receive, treat, store, or dispose of the hazardous waste under
rules adopted under section 116.07, subdivision 4, or under United States
Code, title 42, sections 6921 to 6938;
(4) transports hazardous waste without a manifest as required by the
rules under section 116.07, subdivision 4; or
(5) transports hazardous waste without a license required for the
transportation of hazardous waste by chapter 221.
(b) A person convicted under this subdivision may be sentenced to
imprisonment for not more than three years, or to payment of a fine of not

237
more than $25,000, or both. A person convicted for a second or subsequent
offense may be sentenced to imprisonment for not more than five years, or to
payment of a fine of not more than $50,000, or both.
Subd. 6. Negligent violation as gross misdemeanor. A person who
commits any of the acts set forth in subdivision 4, 5, or 12 as a result of the
person's gross negligence 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 $15,000, or both.
Subd. 7. Prosecution. When two or more offenses in violation of this
section are committed by the same person in two or more counties within a
two-year period, the accused may be prosecuted in any county in which one
of the offenses was committed.
Subd. 8. Water pollution. (a) A person is guilty of a felony who
knowingly:
(1) causes the violation of an effluent standard or limitation for a toxic
pollutant in a national pollutant discharge elimination system permit or state
disposal system permit;
(2) introduces into a sewer system or into a publicly owned treatment
works a hazardous substance that the person knew or reasonably should
have known is likely to cause personal injury or property damage; or
(3) except in compliance with all applicable federal, state, and local
requirements and permits, introduces into a sewer system or into a publicly
owned treatment works a hazardous substance that causes the treatment
works to violate an effluent limitation or condition of the treatment works'
national pollutant discharge elimination system permit.
(b) For purposes of paragraph (a), "hazardous substance" means a
substance on the list established under United States Code, title 33, section
1321(b).
(c) A person convicted under paragraph (a) may be sentenced to
imprisonment for not more than three years, or to payment of a fine of not
more than $50,000 per day of violation, or both.
(d) A person is guilty of a crime who knowingly:
(1) violates any effluent standard or limitation, or any water quality
standard adopted by the agency;
(2) violates any material term or condition of a national pollutant
discharge elimination system permit or state disposal system permit;
(3) fails to carry out any recording, reporting, monitoring, sampling, or
information gathering requirement provided for under chapter 115 or 116; or
(4) fails to file a discharge monitoring report or other document required
for compliance with a national pollutant discharge elimination system or state
disposal system permit.
(e) A person convicted under paragraph (d) may be sentenced to
imprisonment for not more than one year, or to payment of a fine of not less
than $2,500 and not more than $25,000 per day of violation, or both. A person
convicted for a second or subsequent offense may be sentenced to
imprisonment for not more than two years, or to payment of a fine of not more
than $50,000 per day of violation, or both.
Subd. 9. False statements; tampering. (a) A person is guilty of a felony
who knowingly:

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(1) makes any false material statement, representation, or certification in;

omits material information from; or alters, conceals, or fails to file or maintain
a notice, application, record, report, plan, manifest, permit, license, or other
document required under sections 103F.701 to 103F.755; chapter 115 or 116;
the hazardous waste transportation requirements of chapter 221; or rules
adopted under these laws; or
(2) falsifies, tampers with, renders inaccurate, or fails to install any
monitoring device or method required to be maintained or followed for the
purpose of compliance with sections 103F.701 to 103F.755, chapter 115 or
116, or rules adopted under these laws.
(b) Except as provided in paragraph (c), a person convicted under this
subdivision may be sentenced to imprisonment for not more than two years,
or to payment of a fine of not more than $10,000, or both.
(c) A person convicted under this subdivision for a violation related to a
notice or report required by an air permit issued by the agency as provided in
United States Code, title 42, section 7661a(a), as amended through January
1, 1991, may be sentenced to payment of a fine of not more than $10,000 per
day of violation.
Subd. 10. Failure to report release of hazardous substance or
extremely hazardous substance. (a) A person is, upon conviction, subject
to a fine of up to $25,000 or imprisonment for up to two years, or both, who:
(1) is required to report the release of a hazardous substance under
United States Code, title 42, section 9603, or the release of an extremely
hazardous substance under United States Code, title 42, section 11004;
(2) knows that a hazardous substance or an extremely hazardous
substance has been released; and
(3) fails to provide immediate notification of the release of a reportable
quantity of a hazardous substance or an extremely hazardous substance to
the state emergency response center and, if directed by the center, to notify a
local 911 emergency dispatch center.
For purposes of clause (3), the state emergency response center shall direct
a caller to notify a local 911 emergency dispatch center if the situation requires
an immediate response or the area is unknown to the center. In all other
cases, the state emergency response center must notify a local firefighting or
law enforcement organization of the situation within 24 hours of receiving the
notification.
(b) For a second or subsequent conviction under this subdivision, the
violator is subject to a fine of up to $50,000 or imprisonment for not more than
five years, or both.
(c) For purposes of this subdivision, a "hazardous substance" means a
substance on the list established under United States Code, title 42, section
9602.
(d) For purposes of this subdivision, an "extremely hazardous substance"
means a substance on the list established under United States Code, title 42,
section 11002.
(e) For purposes of this subdivision, a "reportable quantity" means a
quantity that must be reported under United States Code, title 42, section 9602
or 11002.

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 (f) the penalties in paragraphs (a) and (b) do not apply to an employee of
a state emergency response center to the extent that the employee is acting
in the scope of that employee’s official duties.
Subd. 11. Infectious waste. A person who knowingly disposes of or
arranges for the disposal of infectious waste as defined in section 116.76 at a
location or in a manner that is prohibited by section 116.78 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 $10,000, or both. A person
convicted a second or subsequent time under this subdivision is guilty of a
felony and may be sentenced to imprisonment for not more than two years, or
to payment of a fine of not more than $25,000, or both.
Subd. 12. Air pollution. (a) A person is guilty of a felony who knowingly:
(1) causes a violation of a national emission standard for a hazardous
air pollutant adopted under United States Code, title 42, section 7412; or
(2) causes a violation of an emission standard, limitation, or operational
limitation for a hazardous air pollutant established in a permit issued by the
Pollution Control Agency.
A person convicted under this paragraph may be sentenced to
imprisonment for not more than three years, or to payment of a fine of not
more than $50,000 per day of violation, or both.
(b) A person is guilty of a misdemeanor who knowingly violates:
(1) a requirement of chapter 116, or a rule adopted under that chapter,
that is an applicable requirement of the federal Clean Air Act, as defined in
Federal Register, volume 57, page 32295;
(2) a condition of an air emission permit issued by the agency under
chapter 116 or a rule adopted under that chapter; or
(3) a requirement to pay a fee based on air emissions under chapter 116
or a rule adopted under that chapter.
A person convicted under this paragraph may be sentenced to
imprisonment for not more than 90 days, or to payment of a fine of not more
than $10,000 per day of violation, or both.
Subd. 13. Solid waste disposal. (a) A person is guilty of a gross
misdemeanor who:
(1) knowingly disposes of solid waste at, transports solid waste to, or
arranges for disposal of solid waste at a location that does not have a required
permit for the disposal of solid waste; and
(2) does so in exchange for or in expectation of money or other
consideration.
(b) A person convicted under this subdivision may be sentenced to
imprisonment for not more than one year, or to payment of a fine of not more
than $15,000, or both.
Subd. 14. Defense. Except for intentional violations, a person is not
guilty of a crime for air quality violations under subdivision 6 or 12, or for water
quality violations under subdivision 8, if the person notified the pollution
control agency of the violation as soon as the person discovered the violation
and took steps to promptly remedy the violation.

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609.672 PERMISSIVE INFERENCE; FIREARMS IN

AUTOMOBILES.
The presence of a firearm in a passenger automobile permits the fact
finder to infer knowing possession of the firearm by the driver or person in
control of the automobile when the firearm was in the automobile. The
inference does not apply:
(1) to a licensed operator of an automobile who is at the time operating it
for hire in the lawful and proper pursuit of the operator's trade;
(2) to any person in the automobile if one of them legally possesses a
firearm; or
(3) when the firearm is concealed on the person of one of the occupants.

609.675 EXPOSURE OF UNUSED REFRIGERATOR OR

CONTAINER TO CHILDREN.
Whoever, being the owner or in possession or control, permits an unused
refrigerator or other container, sufficiently large to retain any child and with
doors which fasten automatically when closed, to be exposed and accessible
to children, without removing the doors, lids, hinges, or latches, is guilty of a
misdemeanor.

609.68 UNLAWFUL DEPOSIT OF GARBAGE, LITTER OR LIKE.

Whoever unlawfully deposits garbage, rubbish, cigarette filters, debris
from fireworks, offal, or the body of a dead animal, or other litter in or upon any
public highway, public waters or the ice thereon, shoreland areas adjacent to
rivers or streams as defined by section 103F.205, public lands, or, without the
consent of the owner, private lands or water or ice thereon, is guilty of a petty
misdemeanor.

609.681 UNLAWFUL SMOKING.

A person is guilty of a petty misdemeanor if the person intentionally
smokes in a building, area, or common carrier in which "no smoking" notices
have been prominently posted, or when requested not to by the operator of
the common carrier.
Subdivision 1. Toxic substances. For purposes of this section, "toxic
substance" means:
(1) glue, cement, or aerosol paint containing toluene, benzene, xylene,
amyl nitrate, butyl nitrate, nitrous oxide, or containing other aromatic
hydrocarbon solvents, but does not include glue, cement, or paint contained
in a packaged kit for the construction of a model automobile, airplane, or
similar item;
(2) butane or a butane lighter; or
(3) any similar substance declared to be toxic to the central nervous
system and to have a potential for abuse, by a rule adopted by the
commissioner of health under chapter 14.
Subd. 2. Repealed, 1997 c 239 art 3 s 25
Subd. 3. Use for intoxication prohibited. A person is guilty of a
misdemeanor who uses or possesses any toxic substance with the intent of
inducing intoxication, excitement, or stupefaction of the central nervous
system, except under the direction and supervision of a medical doctor. A

241
person is guilty of a misdemeanor who intentionally aids another in violation
of this subdivision.
Subd. 4. Notice required. (a) A business establishment that offers for
sale at retail any toxic substance must display a conspicuous sign that
contains the following, or substantially similar, language:

"NOTICE”
It is a misdemeanor for a person to use or possess glue,
cement, aerosol paint, with the intent of inducing intoxication,
excitement, or stupefaction of the central nervous system. This
use can be harmful or fatal."

(b) A business establishment may omit from the required notice

references to any toxic substance that is not offered for sale by that business
establishment.
(c) A business establishment that does not sell any toxic substance listed
in subdivision 1 other than butane or butane lighters is not required to post a
notice under paragraph (a).

609.685 SALE OF TOBACCO TO PERSONS UNDER AGE 21.

Subdivision 1. Definitions. For the purposes of this section, the
following terms shall have the meanings respectively ascribed to them in this
section.
(a) "Tobacco" means cigarettes and any product containing, made, or
derived from tobacco that is intended for human consumption, whether
chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested
by any other means, or any component, part, or accessory of a tobacco
product, including but not limited to cigars; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing
tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco;
and other kinds and forms of tobacco. Tobacco excludes any drugs, devices,
or combination products, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act, that are authorized for sale by the United States Food
and Drug Administration.
(b) "Tobacco-related devices" means cigarette papers or pipes for
smoking or other devices intentionally designed or intended to be used in a
manner which enables the chewing, sniffing, smoking, or inhalation of aerosol
or vapor of tobacco or tobacco products. Tobacco-related devices include
components of tobacco-related devices which may be marketed or sold
separately.
(c) "Electronic delivery device" means any product containing or
delivering nicotine, lobelia, or any other substance, whether natural or
synthetic, intended for human consumption through inhalation of aerosol or
vapor from the product. Electronic delivery devices includes but is not limited
to devices manufactured, marketed, or sold as electronic cigarettes, electronic
cigars, electronic pipe, vape pens, modes, tank systems, or under any other
product name or descriptor. Electronic delivery device includes any
component part of a product, whether or not marketed or sold separately.
Electronic delivery device excludes drugs, devices, or combination products,

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as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that
are authorized for sale by the United States Food and Drug Administration.
Subd. 1a. Penalty to sell or furnish. (a) Any person 21 years of age
or older who sells, gives, or otherwise furnishes tobacco, tobacco-related
devices, or electronic delivery devices to a person under the age of 21 years
is guilty of a petty misdemeanor for the first violation. Whoever violates this
subdivision a subsequent time within five years of a previous conviction under
this subdivision is guilty of a misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the
defendant proves by a preponderance of the evidence that the defendant
reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.
Subd. 2. Use of false identification. A person under the age of 21 years
who purchases or attempts to purchase tobacco, tobacco-related devices, or
electronic delivery devices and who uses a driver’s license, permit, Minnesota
identification card, or any type of false identification to misrepresent the
person’s age, shall only be subject to an alternative civil penalty, in accordance
with subdivision 2a.
Subd. 2a. Alternative penalties. Law enforcement and court system
representatives shall consult, as applicable, with interested persons, including
but not limited to parents, guardians, educators, and persons under the age of
21 years, to develop alternative civil penalties for persons under the age of 21
years who violate this section. Consulting participants shall consider a variety
of alternative civil penalties including but not limited to tobacco-free education
programs, community service, court diversion programs, and tobacco
cessation programs, and for persons under the age of 18 years, notice to
schools and to parents or guardians. Alternative civil penalties developed
under this subdivision shall not include fines or monetary penalties.
Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 2a
shall supersede or preclude the continuation or adoption of any local
ordinance which provides for more stringent regulation of the subject matter in
subdivisions 1 to 2a.
Subd. 5. Exceptions. (a) Notwithstanding subdivision 1a, an Indian may
furnish tobacco to an Indian under the age of 21 years if the tobacco is
furnished as part of a traditional Indian spiritual or cultural ceremony. For
purposes of this paragraph, an Indian is a person who is a member of an
Indian tribe as defined in section 260.755, subdivision 12.
(b) The penalties in this section do not apply to a person under the age
of 21 years who purchases or attempts to purchase tobacco, tobacco-related
devices, or electronic delivery devices while under the direct supervision of a
responsible adult for training, education, research, or enforcement purposes.
Subd. 6. Seizure of false identification. A licensee may seize a form of
identification listed in section 340A.503, subdivision 6, if the licensee has
reasonable grounds to believe that the form of identification has been altered
or falsified or is being used to violate any law. A licensee that seizes a form
of identification as authorized under this subdivision shall deliver it to a law
enforcement agency within 24 hours of seizing it.

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609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO
PERSONS UNDER AGE 21.
Subdivision 1. Penalty to sell or furnish. (a) Any person 21
years of age or older who sells, gives, or otherwise furnishes to a person
under the age of 21 years a product containing or delivering nicotine or
lobelia, whether natural or synthetic, intended for human consumption, or
any part of such a product, that is not tobacco or an electronic delivery
device as defined by section 609.685, is guilty of a petty misdemeanor for
the first violation. Whoever violates this subdivision a subsequent time
within five years of a previous conviction under this subdivision is guilty of
a misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if
the defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as described
in section 340A.503, subdivision 6.
(c) Notwithstanding paragraph (a), a product containing or
delivering nicotine or lobelia intended for human consumption, whether
natural or synthetic, or any part of such a product, that is not tobacco or
an electronic delivery device as defined by section 609.685, may be sold
to persons under the age of 21 if the product is a drug, device, or
combination product, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act, that is authorized for sale by the United States
Food and Drug Administration.
Subd. 2. Use of false identification. A person under the age of 21
years who purchases or attempts to purchase a product containing or
delivering nicotine or lobelia intended for human consumption, or any part
of such a product, that is not tobacco or an electronic delivery device as
defined by section 609.685, and who uses a driver's license, permit,
Minnesota identification card, or any type of false identification to
misrepresent the person's age, shall only be subject to an alternative civil
penalty in accordance with subdivision 3. No penalty shall apply to a
person under the age of 21 years who purchases or attempts to purchase
these products while under the direct supervision of a responsible adult
for training, education, research, or enforcement purposes. .
Subd. 3. Alternative penalties. Law enforcement and court system
representatives shall consult, as applicable, with interested persons,
including but not limited to parents, guardians, educators, and persons
under the age of 21 years, to develop alternative civil penalties for persons
under the age of 21 years who violate this section. Consulting participants
shall consider a variety of alternative civil penalties including but not
limited to tobacco-free education programs, community service, court
diversion programs, and tobacco cessation programs, and for persons
under the age of 18 years, notice to schools and to parents or guardians.
Alternative civil penalties developed under this subdivision shall not
include fines or monetary penalties.

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609.686 FALSE FIRE ALARMS; TAMPERING WITH OR

INJURING FIRE ALARM SYSTEM.
Subdivision 1. Misdemeanor. Whoever intentionally gives a false alarm
of fire, or unlawfully tampers or interferes with any fire alarm system, fire
protection device, or the station or signal box of any fire alarm system or any
auxiliary fire appliance, or unlawfully breaks, injures, defaces, or removes any
such system, device, box or station, or unlawfully breaks, injures, destroys,
disables, renders inoperable, or disturbs any of the wires, poles, or other
supports and appliances connected with or forming a part of any fire alarm
system or fire protection device or any auxiliary fire appliance is guilty of a
misdemeanor.
Subd. 2. Felony. Whoever violates subdivision 1 by tampering and knows
or has reason to know that the tampering creates the potential for bodily harm
or the tampering results in bodily harm is guilty of a felony and may be
sentenced to imprisonment for not more five years or to payment of a fine of
not more than $10,000, or both.
Subd. 3. Tampering. For purposes of this section, tampering means to
intentionally disable, alter, or change the fire alarm system, fire protective
device, or the station or signal box of any fire alarm system of any auxiliary fire
appliance, with knowledge that it will be disabled or rendered inoperable.

PUBLIC MISCONDUCT OR NUISANCE

609.687 ADULTERATION.
Subdivision 1. Definition. "Adulteration" is the intentional adding of any
substance, which has the capacity to cause death, bodily harm or illness by
ingestion, injection, inhalation or absorption, to a substance having a
customary or reasonably foreseeable human use.
Subd. 2. Acts constituting. (a) Whoever, knowing or having reason to
know that the adulteration will cause or is capable of causing death, bodily
harm or illness, adulterates any substance with the intent to cause death,
bodily harm or illness is guilty of a crime and may be sentenced as provided
in subdivision 3; or
(b) whoever, knowing or having reason to know that a substance has
been adulterated as defined in subdivision 1, distributes, disseminates, gives,
sells, or otherwise transfers an adulterated substance with the intent to cause
death, bodily harm or illness is guilty of a crime and may be sentenced as
provided in subdivision 3.
Subd. 3. Sentence. Whoever violates subdivision 2 may be sentenced
as follows:
(1) If the adulteration causes death, to imprisonment for not more than 40
years or to payment of a fine of not more than $100,000, or both;
(2) If the adulteration causes any illness, pain, or other bodily harm, to
imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both;
(3) otherwise, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both.

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 Subd. 4. Charging discretion. Criminal proceedings may be instituted
under this section, notwithstanding the provisions of section 29.24, 31.02,
31.601, 34.01, 151.34, 340A.508, subdivision 2, or other law proscribing
adulteration of substances intended for use by persons.

609.688 ADULTERATION BY BODILY FLUID

Subdivision 1. Definition. (a) As used in this section, the following
terms have the meanings given.
(b) “Adulterates” is the intentional adding of bodily fluid to a substance.
(c) “Bodily fluid” means the blood, seminal fluid, vaginal fluid, urine, or
feces of a human.
Subdivision 2. Crime. (a) Whoever adulterates any substance that the
person knows or should know is intended for human consumption is guilty of
a misdemeanor.
(b) Whoever violates paragraph (a) and another person ingests the
adulterated substance without knowledge of the adulteration is guilty of a
gross misdemeanor.

609.705 UNLAWFUL ASSEMBLY.

When three or more persons assemble, each participant is guilty of
unlawful assembly, which is a misdemeanor, if the assembly is:
(1) With intent to commit any unlawful act by force; or
(2) With intent to carry out any purpose in such manner as will disturb or
threaten the public peace; or
(3) Without unlawful purpose, but the participants so conduct themselves
in a disorderly manner as to disturb or threaten the public peace.

609.71 RIOT.
Subdivision 1. Riot first degree. When three or more persons
assembled disturb the public peace by an intentional act or threat of unlawful
force or violence to person or property and a death results, and one of the
persons is armed with a dangerous weapon, that person is guilty of riot first
degree and may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $35,000, or both.
Subd. 2. Riot second degree. When three or more persons assembled
disturb the public peace by an intentional act or threat of unlawful force or
violence to person or property, each participant who is armed with a
dangerous weapon or knows that any other participant is armed with a
dangerous weapon is guilty of riot second degree 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.
Subd. 3. Riot third degree. When three or more persons assembled
disturb the public peace by an intentional act or threat of unlawful force or
violence to person or property, each participant therein is guilty of riot third
degree and may be sentenced to imprisonment for not more than one year or
to payment of a fine of not more than $1,000, or both.

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609.712 REAL AND SIMULATED WEAPONS OF MASS

DESTRUCTION.
Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) "Biological agent" means any microorganism, virus, infectious
substance, or biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of a
microorganism, virus, infectious substance, or biological product, that is
capable of causing:
(1) death, disease, or other biological malfunction in a human, an animal,
a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or material of any
kind; or
(3) deleterious alteration of the environment.
(c) "Simulated weapon of mass destruction" means any device,
substance, or object that by its design, construction, content, or
characteristics, appears to be or to contain, or is represented to be, constitute,
or contain, a weapon of mass destruction, but that is, in fact, an inoperative
facsimile, imitation, counterfeit, or representation of a weapon of mass
destruction that does not meet the definition of a weapon of mass destruction
or that does not actually contain or constitute a weapon, biological agent, toxin,
vector, or delivery system prohibited by this section.
(d) "Toxin" means the toxic material of plants, animals, microorganisms,
viruses, fungi, or infectious substances, or a recombinant molecule, whatever
its origin or method of production, including:
(1) any poisonous substance or biological product that may be engineered
as a result of biotechnology or produced by a living organism; or
(2) any poisonous isomer or biological product, homolog, or derivative of
such a substance.
(e) "Vector" means a living organism or molecule, including a recombinant
molecule or biological product that may be engineered as a result of
biotechnology, capable of carrying a biological agent or toxin to a host.
(f) "Weapon of mass destruction" includes weapons, substances, devices,
vectors, or delivery systems that:
(1) are designed or have the capacity to cause death or great bodily harm
to a considerable number of people through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors, disease
organisms, biological agents, or toxins; or
(2) are designed to release radiation or radioactivity at a level dangerous
to human life.
Subd. 2. Weapons of mass destruction. (a) Whoever manufactures,
acquires, possesses, or makes readily accessible to another a weapon of
mass destruction with the intent to cause injury to another is guilty of a crime
and may be sentenced to imprisonment for not more than 20 years or to
payment of a fine of not more than $100,000, or both.
(b) It is an affirmative defense to criminal liability under this subdivision if
the defendant proves by a preponderance of the evidence that the conduct
engaged in:
(1) was specifically authorized under state or federal law and conducted
in accordance with that law; or

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 (2) was part of a legitimate scientific or medical research project, or
constituted legitimate medical treatment.
Subd. 3. Prohibited substances. (a) Whoever knowingly manufactures,
acquires, possesses, or makes readily accessible to another the following, or
substances that are substantially similar in chemical makeup to the following,
in levels dangerous to human life, is guilty of a crime:
(1) variola major (smallpox);
(2) bacillus anthracis (anthrax);
(3) yersinia pestis (plague);
(4) botulinum toxin (botulism);
(5) francisella tularensis (tularemia);
(6) viral hemorrhagic fevers;
(7) a mustard agent;
(8) lewisite;
(9) hydrogen cyanide;
(10) GA (tabun);
(11) GB (Sarin);
(12) GD (Soman);
(13) GF (cyclohexymethyl phosphonofluoridate);
(14) VX (0-ethyl, supdiisopropylaminomethyl methylphosphonothiolate);
(15) radioactive materials; or
(16) any combination of the above.
(b) A person who violates this subdivision may be sentenced to
imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both.
(c) This subdivision does not apply to conduct:
(1) specifically authorized under state or federal law and conducted in
accordance with that law;
(2) that is part of a legitimate scientific or medical research project; or
(3) that constitutes legitimate medical treatment.
Subd. 4. Simulated weapons of mass destruction; penalty. Whoever
manufactures, acquires, possesses, or makes readily accessible to another a
simulated weapon of mass destruction with the intent of terrorizing another
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.
Subd. 5. Threats involving real or simulated weapons of mass
destruction. Whoever does the following with intent to terrorize another or
cause evacuation of a place, whether a building or not, or disruption of
another's activities, or with reckless disregard of the risk of causing this terror,
evacuation, or disruption, 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:
(1) displays a weapon of mass destruction or a simulated weapon of mass
destruction;
(2) threatens to use a weapon of mass destruction; or
(3) communicates, whether directly or indirectly, that a weapon of mass
destruction is or will be present or introduced at a place or location, or will be
used to cause death, disease, or injury to another or to another's property,
whether or not the same is in fact present or introduced.
Subd. 6. Civil action to recover. A person who violates this section is
liable in a civil action brought by:

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(1) an individual for damages resulting from the violation; and

(2) a municipality, the state, or a rescue organization to recover expenses
incurred to provide investigative, rescue, medical, or other services for
circumstances or injuries which resulted from the violation.

609.713 THREATS OF VIOLENCE.

Subdivision 1. Threaten violence; intent to terrorize. Whoever
threatens, directly or indirectly, to commit any crime of violence with purpose
to terrorize another or to cause evacuation of a building, place of assembly,
vehicle or facility of public transportation or otherwise to cause serious public
inconvenience, or in a reckless disregard of the risk of causing such terror or
inconvenience 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. As used in this
subdivision, "crime of violence" has the meaning given "violent crime" in
section 609.1095, subdivision 1, paragraph (d).
Subd. 2. Communicates to terrorize. Whoever communicates to
another with purpose to terrorize another or in reckless disregard of the risk of
causing such terror, that explosives or an explosive device or any incendiary
device is present at a named place or location, whether or not the same is in
fact present, may be sentenced to imprisonment for not more than three years
or to payment of a fine of not more than $3,000, or both.
Subd. 3. Display replica of firearm. (a) Whoever displays, exhibits,
brandishes, or otherwise employs a replica firearm or BB gun in a threatening
manner, may be sentenced to imprisonment for not more than one year and
one day or to payment of a fine of not more than $3,000, or both, if, in doing
so, the person either:
(1) causes or attempts to cause terror in another person; or
(2) acts in reckless disregard of the risk of causing terror in another
person.
(b) For purposes of this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of
an inch or less in diameter; and
(2) "replica firearm" means a device or object that is not defined as a
dangerous weapon, and that is a facsimile or toy version of, and reasonably
appears to be a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine
gun, rocket launcher, or any other firearm. The term replica firearm includes,
but is not limited to, devices or objects that are designed to fire only blanks.

609.714 CRIMES COMMITTED IN FURTHERANCE OF

TERRORISM.
Subdivision 1. Definition. As used in this section, a crime is committed
to "further terrorism" if the crime is a felony and is a premeditated act involving
violence to persons or property that is intended to:
(1) terrorize, intimidate, or coerce a considerable number of members of
the public in addition to the direct victims of the act; and
(2) significantly disrupt or interfere with the lawful exercise, operation, or
conduct of government, lawful commerce, or the right of lawful assembly.

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 Subd. 2. Furtherance of terrorism; crime described; penalty. A
person who commits a felony crime to further terrorism is guilty of a crime. The
statutory maximum for the crime is 50 percent longer than the statutory
maximum for the underlying crime.

609.715 PRESENCE AT UNLAWFUL ASSEMBLY.

Whoever without lawful purpose is present at the place of an unlawful
assembly and refuses to leave when so directed by a law enforcement officer
is guilty of a misdemeanor.

609.72 DISORDERLY CONDUCT.

Subdivision 1. Crime. Whoever does any of the following in a public or
private place, including on a school bus, knowing, or having reasonable
grounds to know that it will, or will tend to, alarm, anger or disturb others or
provoke an assault or breach of the peace, is guilty of disorderly conduct,
which is a misdemeanor:
(1) Engages in brawling or fighting; or
(2) Disturbs an assembly or meeting, not unlawful in its character; or
(3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct
or in offensive, obscene, or abusive language tending reasonably to arouse
alarm, anger, or resentment in others.
A person does not violate this section if the person's disorderly conduct
was caused by an epileptic seizure.
Subd. 2. Repealed, 1969 c 226 s 1
Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as
defined in section 609.232, who violates the provisions of subdivision 1 against
a vulnerable adult, as defined in section 609.232, 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.

609.725 MS 2005 Repealed, c 136 a 17 s 53

609.735 CONCEALING IDENTITY.

A person whose identity is concealed by the person in a public place by
means of a robe, mask, or other disguise, unless based on religious beliefs,
or incidental to amusement, entertainment, protection from weather, or
medical treatment, is guilty of a misdemeanor.

609.74 PUBLIC NUISANCE.

Whoever by an act or failure to perform a legal duty intentionally does any
of the following is guilty of maintaining a public nuisance, which is a
misdemeanor:
(1) Maintains or permits a condition which unreasonably annoys, injures
or endangers the safety, health, morals, comfort, or repose of any
considerable number of members of the public; or
(2) Interferes with, obstructs, or renders dangerous for passage, any
public highway or right-of-way, or waters used by the public; or
(3) Is guilty of any other act or omission declared by law to be a public
nuisance and for which no sentence is specifically provided.
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609.745 PERMITTING PUBLIC NUISANCE.

Whoever having control of real property permits it to be used to maintain
a public nuisance or lets the same knowing it will be so used is guilty of a
misdemeanor.

609.746 INTERFERENCE WITH PRIVACY.

Subdivision 1. Surreptitious intrusion; observation device. (a) A
person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other
aperture of a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a
member of the household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing,
photographing, recording, amplifying, or broadcasting sounds or events
through the window or any other aperture of a house or place of dwelling of
another; and
(3) does so with intent to intrude upon or interfere with the privacy of a
member of the household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, states, or peeps in the window or other aperture
of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a
tanning booth, or other place where a reasonable person would have an
expectation of privacy and has exposed or is likely to expose their intimate
parts, as defined in section 609.341, subdivision 5, or the clothing covering the
immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the
occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing,
photographing, recording, amplifying, or broadcasting sounds or events
through the window or other aperture of a sleeping room in a hotel, as defined
in section 327.70, subdivision 3, a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has exposed or
is likely to expose their intimate parts, as defined in section 609.341,
subdivision 5, or the clothing covering the immediate area of the intimate parts;
and
(2) does so with intent to intrude upon or interfere with the privacy of the
occupant.
(e) A person is guilty of a felony and 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, if the person:
(1) violates this subdivision after a previous conviction under this
subdivision or section 609.749; or
(2) violates this subdivision against a minor under the age of 18, knowing
or having reason to know that the minor is present.

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 (f) A person is guilty of a felony and may be sentenced to imprisonment
for not more than four years or to payment of a fine of not more than $5,000,
or both, if: (1) the person violates paragraph (b) or (d) against a minor victim
under the age of 18; (2) the person is more than 36 months older than the
minor victim; (3) the person knows or has reason to know that the minor victim
is present; and (4) the violation is committed with sexual intent.
(g) Paragraphs (b) and (d) do not apply to law enforcement officers or
corrections investigators, or to those acting under their direction, while
engaged in the performance of their lawful duties. Paragraphs (c) and (d) do
not apply to conduct in: (1) a medical facility; or (2) a commercial
establishment if the owner of the establishment has posted conspicuous signs
warning that the premises are under surveillance by the owner or the owner’s
employees.
Subd. 2. Repealed, 1993 c 326 a 2 s 34
Subd. 3. Repealed, 1993 c 326 a 2 s 34

609.747 Repealed, 1993 c 326 a 2 s 34

609.7475 FRAUDULENT OR OTHERWISE IMPROPER

FINANCING STATEMENTS.
Subdivision 1. Definition. As used in this section, “record” has the
meaning given in section 336.9-102.
Subd. 2. Crime described. A person who:
(1) knowingly causes to be presented for filing or promotes the filing of a
record that:
(i) is not:
(A) related to a valid lien or security agreement; or
(B) filed pursuant to section 336.9-502 (d); or
(ii) contains a forged signature or is based upon a document containing a
forged signature; or
(2) presents for filing or causes to be presented for filing a record with the
intent that it be used to harass or defraud any other person;
is guilty of a crime and may be sentenced as provided in subdivision 3.
Subd. 3. Penalties. (a) Except as provided in paragraph (b), a person
who violates subdivision 2 is guilty of a gross misdemeanor.
(b) A person who violates subdivision 2 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, if the person:
(1) commits the offense with intent to influence or otherwise tamper with
a juror or a judicial proceeding or with intent to retaliate against;
(i) a judicial officer, as defined in section 609.415;
(ii) a prosecutor, defense attorney, or officer of the court, because of that
person’s performance of official duties in connection with a judicial proceeding;
(iii) a sheriff or deputy sheriff because of that person’s performance of
official duties;
(iv) a police officer or chief of police because of that person’s performance
of official duties;
(v) an official or employee of the Department of Corrections or a local
correctional agency because of that person’s performance of official duties; or

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(vi) a county recorder because of that person’s performance of official

duties in connection with the filing of liens placed on real property; or
(2) commits the offense after having been previously convicted of a
violation of this section.
Subd. 4. Venue. A violation of this section may be prosecuted in either
the county of residence of the individual listed as debtor or the county in
which the filing is made.

609.748 HARASSMENT; RESTRAINING ORDER. AMENDED

Subdivision 1. Definition. For the purposes of this section, the following
terms have the meanings given them in this subdivision.
(a) "Harassment" includes:
(1) a single incident of physical or sexual assault, a single incident of
stalking under section 609.749, subdivision 2, clause (8), a single incident of
nonconsensual dissemination of private sexual images under section 617.261,
or repeated incidents of intrusive or unwanted acts, words, or gestures that
have a substantial adverse effect or are intended to have a substantial adverse
effect on the safety, security, or privacy of another, regardless of the
relationship between the actor and the intended target;
(2) targeted residential picketing; and
(3) a pattern of attending public events after being notified that the actor's
presence at the event is harassing to another.
(b) "Respondent" includes any adults or juveniles alleged to have
engaged in harassment or organizations alleged to have sponsored or
promoted harassment.
(c) "Targeted residential picketing" includes the following acts when
committed on more than one occasion:
(1) marching, standing, or patrolling by one or more persons directed
solely at a particular residential building in a manner that adversely affects the
safety, security, or privacy of an occupant of the building; or
(2) marching, standing, or patrolling by one or more persons which
prevents an occupant of a residential building from gaining access to or exiting
from the property on which the residential building is located.
Subd. 2. Restraining order; court jurisdiction. (a) A person who is a
victim of harassment or the victim’s guardian or conservator may seek a
restraining order from the district court in the manner provided in this section.
(b) The parent, guardian or conservator, or stepparent of a minor who is
a victim of harassment may seek a restraining order from the district court on
behalf of the minor.
(c) A minor may seek a restraining order if the minor demonstrates that
the minor is emancipated and the court finds that the order is in the best
interests of the emancipated minor. A minor demonstrates the minor is
emancipated by a showing that the minor is living separate and apart from
parents and managing the minor's own financial affairs, and shows, through
an instrument in writing or other agreement, or by the conduct of the parties
that all parents who have a legal parent and child relationship with the minor
have relinquished control and authority over the minor.
(d) An application for relief under this section may be filed in the county of
residence of either party or in the county in which the alleged harassment

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occurred. There are no residency requirements that apply to a petition for a
harassment restraining order.
Subd. 3. Contents of petition; hearing; notice. (a) A petition for relief
must allege facts sufficient to show the following:
(1) the name of the alleged harassment victim;
(2) the name of the respondent; and
(3) that the respondent has engaged in harassment.
A petition for relief must state whether the petitioner has had a previous
restraining order in effect against the respondent. The petition shall be
accompanied by an affidavit made under oath stating the specific facts and
circumstances from which relief is sought. The court shall provide simplified
forms and clerical assistance to help with the writing and filing of a petition
under this section and shall advise the petitioner of the right to sue in forma
pauperis under section 563.01. The court shall advise the petitioner of the right
to request a hearing. If the petitioner does not request a hearing, the court
shall advise the petitioner that the respondent may request a hearing and that
notice of the hearing date and time will be provided to the petitioner by mail at
least five days before the hearing. Upon receipt of the petition and a request
for a hearing by the petitioner, the court shall order a hearing. Personal service
must be made upon the respondent not less than five days before the hearing.
If personal service cannot be completed in time to give the respondent the
minimum notice required under this paragraph, the court may set a new
hearing date. Nothing in this section shall be construed as requiring a hearing
on a matter that has no merit.
(b) Notwithstanding paragraph (a), the order for a hearing and a
temporary order issued under subdivision 4 may be served on the respondent
by means of a one-week published notice under section 645.11, if:
(1) the petitioner files an affidavit with the court stating that an attempt at
personal service made by a peace officer was unsuccessful because the
respondent is avoiding service by concealment or otherwise; and
(2) a copy of the petition and order for hearing and any temporary
restraining order has been mailed to the respondent at the respondent's
residence or place of business, if the respondent is an organization, or the
respondent's residence or place of business is not known to the petitioner.
(c) Regardless of the method of service, if the respondent is a juvenile,
whenever possible, the court also shall have notice of the pendency of the
case and of the time and place of the hearing served by mail at the last known
address upon a parent or guardian of the juvenile respondent who is not the
petitioner.
(d) A request for a hearing under this subdivision must be made within 20
days of service of the petition.
Subd. 3a. Filing fee; cost of service. The filing fees for a restraining
order under this section are waived for the petitioner if the petition alleges acts
that would constitute a violation of section 609.749, subdivision 2, 3, 4, or 5,
or sections 609.342 to 609.3451. The court administrator and any peace
officer in this state shall perform their duties relating to service of process
without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server
when a peace officer is unavailable or if service is made by publication. The
court may direct a respondent to pay to the court administrator the petitioner's

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filing fees and reasonable costs of service of process if the court determines
that the respondent has the ability to pay the petitioner's fees and costs.
Subd. 4. Temporary restraining order; relief by court. (a) The court
may issue a temporary restraining order that provides any or all of the
following:
(1) orders the respondent to cease or avoid the harassment of another
person; or
(2) orders the respondent to have no contact with another person.
(b) The court may issue an order under paragraph (a) if the petitioner files
a petition in compliance with subdivision 3 and if the court finds reasonable
grounds to believe that the respondent has engaged in harassment. When a
petition alleges harassment as defined by subdivision 1, paragraph (a), clause
(1), the petition must further allege an immediate and present danger of
harassment before the court may issue a temporary restraining order under
this section. When signed by a referee, the temporary order becomes
effective upon the referee’s signature.
(c) Notice need not be given to the respondent before the court issues a
temporary restraining order under this subdivision. A copy of the restraining
order must be served on the respondent along with the order for hearing and
petition, as provided in subdivision 3. If the respondent is a juvenile, whenever
possible, a copy of the restraining order, along with notice of the pendency of
the case and the time and place of the hearing, shall also be served by mail
at the last known address upon any parent or guardian of the juvenile
respondent who is not the petitioner. A temporary restraining order may be
entered only against the respondent named in the petition.
(d) The temporary restraining order is in effect until a hearing is held on
the issuance of a restraining order under subdivision 5. The court shall hold
the hearing on the issuance of a restraining order if the petitioner requests a
hearing. The hearing may be continued by the court upon a showing that the
respondent has not been served with a copy of the temporary restraining order
despite the exercise of due diligence or if service is made by published notice
under subdivision 3 and the petitioner files the affidavit required under that
subdivision.
(e) If the temporary restraining order has been issued and the respondent
requests a hearing, the hearing shall be scheduled by the court upon receipt
of the respondent's request. Service of the notice of hearing must be made
upon the petitioner not less than five days prior to the hearing. The court shall
serve the notice of the hearing upon the petitioner by mail in the manner
provided in the rules of civil procedure for pleadings subsequent to a complaint
and motions and shall also mail notice of the date and time of the hearing to
the respondent. In the event that service cannot be completed in time to give
the respondent or petitioner the minimum notice required under this
subdivision, the court may set a new hearing date.
(f) A request for a hearing under this subdivision must be made within 20
days of the date of completed service of the petition.
Subd. 5. Restraining order. (a) The court may issue a restraining order
that provides any or all of the following:
(1) orders the respondent to cease or avoid the harassment of another
person; or
(2) orders the respondent to have no contact with another person.

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 (b) The court may issue an order under paragraph (a) if all of the following
occur:
(1) the petitioner has filed a petition under subdivision 3;
(2) a peace officer has served respondent with a copy of the temporary
restraining order obtained under subdivision 4, and with notice of the right to
request a hearing, or service has been made by publication under subdivision
3, paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to
believe that the respondent has engaged in harassment.
A restraining order may be issued only against the respondent named in
the petition; except that if the respondent is an organization, the order may be
issued against and apply to all of the members of the organization. If the court
finds that the petitioner has had two or more previous restraining orders in
effect against the same respondent or the respondent has violated a prior or
existing restraining order on two or more occasions, relief granted by the
restraining order may be for a period of up to 50 years. In all other cases,
relief granted by the restraining order must be for a fixed period of not more
than two years. When a referee presides at the hearing on the petition, the
restraining order becomes effective upon the referee's signature.
(c) An order issued under this subdivision must be personally served
upon the respondent.
(d) If the court orders relief for a period of up to 50 years under paragraph
(a), the respondent named in the restraining order may request to have the
restraining order vacated or modified if the order has been in effect for at least
five years and the respondent has not violated the order. Application for relief
under this paragraph must be made in the county in which the restraining order
was issued. Upon receipt of the request, the court shall set a hearing date.
Personal service must be made upon the petitioner named in the restraining
order not less than 30 days before the date of the hearing. At the hearing, the
respondent named in the restraining order has the burden of proving by a
preponderance of the evidence that there has been a material change in
circumstances and that the reasons upon which the court relied in granting the
restraining order no longer apply and are unlikely to occur. If the court finds
that the respondent named in the restraining order has met the burden of
proof, the court may vacate or modify the order. If the court finds that the
respondent named in the restraining order has not met the burden of proof,
the court shall deny the request and no request may be made to vacate or
modify the restraining order until five years have elapsed from the date of
denial. An order vacated or modified under this paragraph must be personally
served on the petitioner named in the restraining order.
Subd. 5a. Short-form notification. (a) In lieu of personal service of a
harassment restraining order, a peace officer may serve a person with a short-
form notification. The short-form notification must include the following
clauses: the respondent's name; the respondent's date of birth, if known; the
petitioner's name; the names of other protected parties; the date and county
in which the temporary restraining order or restraining order was filed; the
court file number; the hearing date and time, if known; the conditions that apply
to the respondent, either in checklist form or handwritten; and the name of the
judge who signed the order.
The short-form notification must be in bold print in the following form:

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"The restraining order is now enforceable. You must report to your nearest
sheriff's office or county court to obtain a copy of the restraining order. You
are subject to arrest and may be charged with a misdemeanor, gross
misdemeanor, or felony if you violate any of the terms of the restraining order
or this short-form notification."
(b) Upon verification of the identity of the respondent and the existence of
an unserved harassment restraining order against the respondent, a law
enforcement officer may detain the respondent for a reasonable time
necessary to complete and serve the short-form notification.
(c) When service is made by short-form notification, it may be proved by
the affidavit of the law enforcement officer making the service.
(d) For service under this section only, service upon an individual may
occur at any time, including Sundays and legal holidays.
(e) The superintendent of the Bureau of Criminal Apprehension shall
provide the short-form to law enforcement agencies.
Subd. 5b. Service by others. In addition to peace officers, correction
officers, including but not limited to probation officers, court services officers,
parole officers, and employees of jails or correctional facilities, may serve a
temporary restraining order or restraining order.
Subd. 6. Violation of restraining order. (a) A person who violates a
restraining order issued under this section is subject to the penalties provided
in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d), when a
temporary restraining order or a restraining order is granted under this section
and the respondent knows of the order, violation of the order is a
misdemeanor.
(c) A person is guilty of a gross misdemeanor who violates the order within
ten years of a previous qualified domestic violence-related offense conviction
or adjudication of delinquency.
(d) A person 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, if the person violates the order:
(1) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency;
(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;
(3) by falsely impersonating another;
(4) while possessing a dangerous weapon;
(5) with an 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
(6) against a victim under the age of 18, if the respondent is more than 36
months older than the victim.
(e) A person who commits violations in two or more counties may be
prosecuted in any county in which one of the acts was committed for all acts
in violation of this section.

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 (f) A person 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 under
chapter 5B.
(g) A peace officer shall arrest without a warrant and take into custody a
person whom the peace officer has probable cause to believe has violated an
order issued under subdivision 4 or 5 if the existence of the order can be
verified by the officer.
(h) A violation of a temporary restraining order or restraining order shall
also constitute contempt of court.
(i) Upon the filing of an affidavit by the petitioner, any peace officer, or an
interested party designated by the court, alleging that the respondent has
violated an order issued under subdivision 4 or 5, the court may issue an order
to the respondent requiring the respondent to appear within 14 days and show
cause why the respondent should not be held in contempt of court. The court
also shall refer the violation of the order to the appropriate prosecuting
authority for possible prosecution under paragraph (b), (c), or (d).
Subd. 7. Copy to law enforcement agency. An order granted under this
section shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the
applicant. Each appropriate law enforcement agency shall make available to
other law enforcement officers through a system for verification, information
as to the existence and status of any order issued under this section.
Subd. 8. Notice. (a) An order granted under this section must contain a
conspicuous notice to the respondent:
(1) of the specific conduct that will constitute a violation of the order;
(2) that violation of an order is either (i) a misdemeanor punishable by
imprisonment for up to 90 days or a fine of up to $1,000, or both, (ii) a gross
misdemeanor punishable by imprisonment for up to one year or a fine of up to
$3,000, or both, or (iii) a felony punishable by imprisonment for up to five years
or a fine of up to $10,000, or both; and
(3) that a peace officer must arrest without warrant and take into custody
a person if the peace officer has probable cause to believe the person has
violated a restraining order.
(b) If the court grants relief for a period of up to 50 years under subdivision
5, the order must also contain a conspicuous notice to the respondent that the
respondent must wait five years to seek a modification of the order.
Subd. 9. Effect on local ordinances. Nothing in this section shall
supersede or preclude the continuation or adoption of any local ordinance
which applies to a broader scope of targeted residential picketing conduct than
that described in subdivision 1.
Subd. 10. Prohibition against employer retaliation. (a) An employer
shall not discharge, discipline, threaten, otherwise discriminate against, or
penalize an employee regarding the employee’s compensation, terms,
conditions, location, or privileges of employment, because the employee took
reasonable time off from work to obtain or attempt to obtain relief under this
section. Except in cases of imminent danger to the health or safety of the
employee or the employee’s child, or unless impracticable, an employee who

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is absent from the workplace shall give 48 hours’ advance notice to the
employer. Upon request of the employer, the employee shall provide
verification that supports the employee’s reason for being absent from the
workplace. All information related to the employee’s leave pursuant to this
section shall be kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a misdemeanor
and may be punished for contempt of court. In addition, the court shall order
the employer to pay back wages and offer job reinstatement to any employee
discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law, an employee
injured by a violation of paragraph (a) may bring a civil action for recovery of
damages, together with costs and disbursements, including reasonable
attorney’s fees, and may receive such injunctive and other equitable relief,
including reinstatement, as determined by the court.

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609.749 STALKING; PENALTIES.
Subdivision 1. Repealed 2020 c 96 s 6.
Subd. 1a. Repealed 2020 c 96 s 6.
Subd. 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.
Subd. 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 section 629.34. A peace officer may not make a warrantless,
custodial arrest of any person for a violation of subdivision 2, clause (7).
Subd. 2. Harassment crimes. a) As used in this subdivision, the
following terms have the meanings given:
(1) "family or household members" has the meaning given in section
518B.01, subdivision 2, paragraph (b);
(2) "personal information" has the meaning given in section 617.261,
subdivision 7, paragraph (f);
(3) "sexual act" has the meaning given in section 617.261, subdivision 7,
paragraph (g); and
(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.
(b) A person who commits any of the acts listed in paragraph (c) is guilty
of a gross misdemeanor if the person, with the intent to kill, injure, harass, or
intimidate another person:
(1) places the other person in reasonable fear of substantial bodily harm;
(2) places the person in reasonable fear that the person's family or
household members will be subject to substantial bodily harm; or
(3) causes or would reasonably be expected to cause substantial
emotional distress to the other person.
(c) A person commits harassment under this section if the person:

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(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; or
(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.
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 a dangerous
weapon was used in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 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.
Subd. 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.

261
 (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.
Subd. 5. Stalking. (a) A person who engages in stalking 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, "stalking" 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.
Subd. 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.

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(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 section 144.291 to 144.298; and
(5) juvenile court records under section 260B.171 or 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.
Subd. 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, federal, or tribal law or the state, 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
handbilling and picketing.
Subd. 8. Harassment; stalking; firearms. (a) When a person is
convicted of harassment or stalking under this section and the court
determines that the person used a firearm in any way during commission of
the crime, the court may order that the person is prohibited from possessing
any type of firearm for any period longer than three years or for the remainder
of the person’s life. A person who violates this paragraph is guilty of a gross
misdemeanor. At the time of the conviction, the court shall inform the
defendant for how long the defendant is prohibited from possessing a firearm
and that it is a gross misdemeanor to violate this paragraph. The failure of the
court to provide this information to a defendant does not affect the applicability
of the firearm possession prohibition or the gross misdemeanor penalty to that
defendant.
(b) Except as otherwise provided in paragraph (a), when a person is
convicted of harassment or stalking under this section, the court shall inform
the defendant that the defendant is prohibited from possessing a firearm for
three years from the date of conviction and that it is a gross misdemeanor
offense to violate this prohibition. The failure of the court to provide this
information to a defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that defendant.
(c) Except as otherwise provided in paragraph (a), a person is not entitled
to possess a pistol if the person has been convicted after August 1, 1996, of
harassment or stalking under this section, or to possess a firearm if the person
has been convicted on or after August 1, 2014, of harassment or stalking
under this section, unless three years have elapsed from the date of conviction

263
and, during that time, the person has not been convicted of any other violation
of this section. Property rights may not be abated but access may be restricted
by the courts. A person who possesses a firearm in violation of this paragraph
is guilty of a gross misdemeanor.
(d) If the court determines that a person convicted of harassment or
stalking under this section owns or possesses a firearm and used it in any way
during the commission of the crime, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
(e) Except as otherwise provided in paragraphs (d) and (g), when a person
is convicted of harassment or stalking under this section, the court shall order
the defendant to transfer any firearms that the person possesses, within three
business days, to a federally licensed firearms dealer, a law enforcement
agency, or a third party who may lawfully receive them. The transfer may be
permanent or temporary. A temporary firearm transfer only entitles the
receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. A defendant may not transfer firearms to a third party who
resides with the defendant. If a defendant makes a temporary transfer, a
federally licensed firearms dealer or law enforcement agency may charge the
defendant a reasonable fee to store the person's firearms and may establish
policies for disposal of abandoned firearms, provided such policies require that
the person be notified via certified mail prior to disposal of abandoned
firearms. For temporary firearms transfers under this paragraph, a law
enforcement agency, federally licensed firearms dealer, or third party shall
exercise due care to preserve the quality and function of the transferred
firearms and shall return the transferred firearms to the person upon request
after the expiration of the prohibiting time period imposed under this
subdivision, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The return of temporarily transferred
firearms to a defendant shall comply with state and federal law. If a defendant
permanently transfers the defendant's firearms to a law enforcement agency,
the agency is not required to compensate the defendant and may charge the
defendant a reasonable processing fee. A law enforcement agency is not
required to accept a person's firearm under this paragraph. The court shall
order that the person surrender all permits to carry and purchase firearms to
the sheriff.
(f) A defendant who is ordered to transfer firearms under paragraph (e)
must file proof of transfer as provided for in this paragraph. If the transfer is
made to a third party, the third party must sign an affidavit under oath before
a notary public either acknowledging that the defendant permanently
transferred the defendant's firearms to the third party or agreeing to
temporarily store the defendant's firearms until such time as the defendant is
legally permitted to possess firearms. The affidavit shall indicate the serial
number, make, and model of all firearms transferred by the defendant to the
third party. The third party shall acknowledge in the affidavit that the third party
may be held criminally and civilly responsible under section 624.7144 if the
defendant gains access to a transferred firearm while the firearm is in the
custody of the third party. If the transfer is to a law enforcement agency or
federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The
proof of transfer must specify whether the firearms were permanently or

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temporarily transferred and include the name of the defendant, date of

transfer, and the serial number, make, and model of all transferred firearms.
The defendant shall provide the court with a signed and notarized affidavit or
proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed
pursuant to this paragraph.
(g) When a person is convicted of harassment or stalking under this
section, the court shall determine by a preponderance of the evidence if the
person poses an imminent risk of causing another person substantial bodily
harm. Upon a finding of imminent risk, the court shall order that the local law
enforcement agency take immediate possession of all firearms in the person's
possession. The local law enforcement agency shall exercise due care to
preserve the quality and function of the defendant's firearms and shall return
the firearms to the person upon request after the expiration of the prohibiting
time period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The local law enforcement agency shall,
upon written notice from the person, transfer the firearms to a federally
licensed firearms dealer or a third party who may lawfully receive them. Before
a local law enforcement agency transfers a firearm under this paragraph, the
agency shall require the third party or federally licensed firearms dealer
receiving the firearm to submit an affidavit or proof of transfer that complies
with the requirements for affidavits or proofs of transfer established in
paragraph (f). The agency shall file all affidavits or proofs of transfer received
with the court within two business days of the transfer. The court shall seal all
affidavits or proofs of transfer filed pursuant to this paragraph. A federally
licensed firearms dealer or third party who accepts a firearm transfer pursuant
to this paragraph shall comply with paragraphs (e) and (f) as if accepting
transfer from the defendant. If the law enforcement agency does not receive
written notice from the defendant within three business days, the agency may
charge a reasonable fee to store the defendant's firearms. A law enforcement
agency may establish policies for disposal of abandoned firearms, provided
such policies require that the person be notified via certified mail prior to
disposal of abandoned firearms.

609.7495 PHYSICAL INTERFERENCE WITH SAFE ACCESS TO

HEALTH CARE.
Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given them.
(a) "Facility" means any of the following:
(1) a hospital or other health institution licensed under sections 144.50 to
144.56;
(2) a medical facility as defined in section 144.561;
(3) an agency, clinic, or office operated under the direction of or under
contract with the commissioner of health or a community health board, as
defined in section 145A.02;
(4) a facility providing counseling regarding options for medical services
or recovery from an addiction;

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 (5) a facility providing emergency shelter services for battered women, as
defined in section 611A.31, subdivision 3, or a facility providing transitional
housing for battered women and their children;
(6) a facility as defined in section 260E.03, subdivision 6;
(7) a facility as defined in section 626.5572, subdivision 6, where the
services described in that paragraph are provided;
(8) a place to or from which ambulance service, as defined in section
144E.001, is provided or sought to be provided; and
(9) a hospice provider licensed under section 144A.753.
(b) "Aggrieved party" means a person whose access to or egress from a
facility is obstructed in violation of subdivision 2, or the facility.
Subd. 2. Obstructing access prohibited. A person is guilty of a gross
misdemeanor who intentionally and physically obstructs any individual's
access to or egress from a facility.
Subd. 3. Not applicable. Nothing in this section shall be construed to
impair the right of any individual or group to engage in speech protected by
the United States Constitution, the Minnesota Constitution, or federal or state
law, including but not limited to peaceful and lawful handbilling and picketing.
Subd. 4. Civil remedies. (a) A party who is aggrieved by an act
prohibited by this section, or by an attempt or conspiracy to commit an act
prohibited by this section, may bring an action for damages, injunctive or
declaratory relief, as appropriate, in district court against any person or entity
who has violated or has conspired to violate this section.
(b) A party who prevails in a civil action under this subdivision is entitled
to recover from the violator damages, costs, attorney fees, and other relief as
determined by the court. In addition to all other damages, the court may award
to the aggrieved party a civil penalty of up to $1,000 for each violation. If the
aggrieved party is a facility and the political subdivision where the violation
occurred incurred law enforcement or prosecution expenses in connection
with the same violation, the court shall award any civil penalty it imposes to
the political subdivision instead of to the facility.
(c) The remedies provided by this subdivision are in addition to any other
legal or equitable remedies the aggrieved party may have and are not intended
to diminish or substitute for those remedies or to be exclusive.

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GAMBLING

609.75 GAMBLING; DEFINITIONS.

Subdivision 1. Lottery. (a) A lottery is a plan which provides for the
distribution of money, property or other reward or benefit to persons selected
by chance from among participants some or all of whom have given a
consideration for the chance of being selected. A participant's payment for
use of a 900 telephone number or another means of communication that
results in payment to the sponsor of the plan constitutes consideration under
this paragraph.
(b) An in-package chance promotion is not a lottery if all of the following
are met:
(1) participation is available, free and without purchase of the package,
from the retailer or by mail or toll-free telephone request to the sponsor for
entry or for a game piece;
(2) the label of the promotional package and any related advertising
clearly states any method of participation and the scheduled termination date
of the promotion;
(3) the sponsor on request provides a retailer with a supply of entry forms
or game pieces adequate to permit free participation in the promotion by the
retailer's customers;
(4) the sponsor does not misrepresent a participant's chances of winning
any prize;
(5) the sponsor randomly distributes all game pieces and maintains
records of random distribution for at least one year after the termination date
of the promotion;
(6) all prizes are randomly awarded if game pieces are not used in the
promotion; and
(7) the sponsor provides on request of a state agency a record of the
names and addresses of all winners of prizes valued at $100 or more, if the
request is made within one year after the termination date of the promotion.
(c) Except as provided by section 299L.07, acts in this state in furtherance
of a lottery conducted outside of this state are included notwithstanding its
validity where conducted.
(d) The distribution of property, or other reward or benefit by an employer
to persons selected by chance from among participants, all of whom:
(1) have made a contribution through a payroll or pension deduction
campaign to a registered combined charitable organization, within the
meaning of section 43A.50; or
(2) have paid other consideration to the employer entirely for the benefit
of such a registered combined charitable organization, as a precondition to the
chance of being selected, is not a lottery if:
(i) all of the persons eligible to be selected are employed by or retirees of
the employer; and
(ii) the cost of the property or other reward or benefit distributed and all
costs associated with the distribution are borne by the employer.
Subd. 2. Bet. A bet is a bargain whereby the parties mutually agree to a
gain or loss by one to the other of specified money, property or benefit

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dependent upon chance although the chance is accompanied by some
element of skill.
Subd. 3. What are not bets. The following are not bets:
(1) A contract to insure, indemnify, guarantee or otherwise compensate
another for a harm or loss sustained, even though the loss depends upon
chance.
(2) A contract for the purchase or sale at a future date of securities or
other commodities.
(3) Offers of purses, prizes or premiums to the actual contestants in any
bona fide contest for the determination of skill, speed, strength, endurance, or
quality or to the bona fide owners of animals or other property entered in such
a contest.
(4) The game of bingo when conducted in compliance with sections
349.11 to 349.23.
(5) A private social bet not part of or incidental to organized,
commercialized, or systematic gambling.
(6) The operation of equipment or the conduct of a raffle under sections
349.11 to 349.22, by an organization licensed by the gambling control board
or an organization exempt from licensing under section 349.166.
(7) Pari-mutuel betting on horse racing when the betting is conducted
under chapter 240.
(8) The purchase and sale of state lottery tickets under chapter 349A.
Subd. 4. Gambling device. A gambling device is a contrivance the
purpose of which is that for a consideration a player is afforded an opportunity
to obtain something of value, other than free plays, automatically from the
machine or otherwise, the award of which is determined principally by chance,
whether or not the contrivance is actually played. "Gambling device" also
includes a video game of chance, as defined in subdivision 8.
Subd. 4a. Associated equipment. Associated equipment means any
equipment used in connection with gambling that would not be classified as a
gambling device, including but not limited to: cards, dice, computerized
systems of betting at a race book or sports pool, computerized systems for
monitoring slot machines or games of chance, devices for weighing or
counting money, and links which connect progressive slot machines.
Subd. 5. Gambling place. A gambling place is a location or structure,
stationary or movable, or any part thereof, wherein, as one of its uses, betting
is permitted or promoted, a lottery is conducted or assisted or a gambling
device is operated.
Subd. 6. Bucket shop. A bucket shop is a place wherein the operator
is engaged in making bets in the form of purchases or sales on public
exchanges of securities, commodities or other personal property for future
delivery to be settled at prices dependent on the chance of those prevailing at
the public exchanges without a bona fide purchase or sale being in fact made
on a board of trade or exchange.
Subd. 7. Sports bookmaking. Sports bookmaking is the activity of
intentionally receiving, recording or forwarding within any 30-day period more
than five bets, or offers to bet, that total more than $2,500 on any one or more
sporting events.
Subd. 8. Video game of chance. A video game of chance is a game or
device that simulates one or more games commonly referred to as poker,

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blackjack, craps, hi-lo, roulette, or other common gambling forms, though not
offering any type of pecuniary award or gain to players. The term also includes
any video game having one or more of the following characteristics:
(1) it is primarily a game of chance, and has no substantial elements of
skill involved;
(2) it awards game credits or replays and contains a meter or device that
records unplayed credits or replays. A video game that simulates horse racing
that does not involve a prize payout is not a video game of chance.
Subd. 9. 900 telephone number. A 900 telephone number is a ten-digit
number, the first three numbers of which are from 900 to 999.
Subd. 10. Game. A game means any game played with cards, dice,
equipment, or any mechanical or electronic device or machine for money or
other value, whether or not approved by law, and includes, but is not limited
to: card and dice games of chance, slot machines, banking or percentage
games, video games of chance, sports pools, pari-mutuel betting, and race
book. “Game” does not include any private social bet.
Subd. 11. Authorized gambling activity. An authorized gambling
activity means any form of gambling authorized by and operated in
conformance with law.
Subd. 12. Authorized gambling establishment. An authorized
gambling establishment means any premises where gambling authorized by
law is occurring.
Subd. 13. Repealed 2015 c 29 s 9
Subd. 14 Savings promotion raffle. A “savings promotion raffle” means
a contest or promotion in which a chance of winning designated prizes is
obtained by the deposit of a specified amount of money in a savings account,
share account, savings association, share certificate, or other savings
program offered by a state or federally chartered credit union or bank.
Subd. 15 Qualifying account. “Qualifying account” means a savings
account, share account, savings association, share certificate, or other
savings program through which depositors may obtain chances to win prizes
in a savings promotion raffle by depositing specified sums of money.
Subd. 16. Nonqualifying account. “Nonqualifying account” means a
savings account, share account, savings association, share certificate, or
other savings program that is not a qualifying account.
Subd. 17 Applicability of definitions. For the purposes of sections
609.75 to 609.762, the terms defined in this section have the meanings given,
unless the context clearly indicates otherwise.

609.755 ACTS OF OR RELATING TO GAMBLING.

Whoever does any of the following is guilty of a misdemeanor:
(1) Makes a bet;
(2) Sells or transfers a chance to participate in a lottery;
(3) Disseminates information about a lottery, except a lottery conducted
by an adjoining state, with intent to encourage participation therein;
(4) Permits a structure or location owned or occupied by the actor or under
the actor's control to be used as a gambling place; or
(5) Except where authorized by statute, possesses a gambling device.

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 Clause (5) does not prohibit possession of a gambling device in a person's
dwelling for amusement purposes in a manner that does not afford players an
opportunity to obtain anything of value.

609.76 OTHER ACTS RELATING TO GAMBLING.

Subdivision 1. Gross misdemeanors. Whoever does any of the
following 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:
(1) maintains or operates a gambling place or operates a bucket shop;
(2) intentionally participates in the income of a gambling place or bucket
shop;
(3) conducts a lottery, or, with intent to conduct a lottery, possesses
facilities for doing so;
(4) sets up for use for the purpose of gambling, or collects the proceeds
of, any gambling device or bucket shop;
(5) except as provided in section 299L.07, manufactures, sells, offers for
sale, or otherwise provides, in whole or any part thereof, any gambling device
including those defined in section 349.30, subdivision 2;
(6) with intent that it be so used, manufactures, sells, or offers for sale
any facility for conducting a lottery, except as provided by section 299L.07; or
(7) receives, records, or forwards bets or offers to bet or, with intent to
receive, record, or forward bets or offers to bet, possesses facilities to do so.
Subd. 2. Sports bookmaking. Whoever engages in sports bookmaking
is guilty of a felony.
Subd. 3. Cheating. Whoever cheats in a game, as described in this
subdivision, is subject to the following penalties:
(i) if the person holds a license related to gambling or is an employee of
the licensee, the person is guilty of a felony; and
(ii) any other person is guilty of a gross misdemeanor. Any person who is
repeat offender is guilty of a felony.
A person cheats in a game by intentionally:
(1) altering or misrepresenting the outcome of a game or event on which
wagers have been made, after the outcome is determined, but before the
outcome is revealed to the players;
(2) placing, canceling, increasing, or decreasing a bet after acquiring
knowledge, not available to other players, of the outcome of the game or
subject of the bet, or of events affecting the outcome of the game or subject
of the bet;
(3) claiming or collecting money or anything of value from a game or
authorized gambling establishment not won or earned from the game or
authorized gambling establishment;
(4) manipulating a gambling device or associated equipment to affect the
outcome of the game or the number of plays or credits available on the game;
or
(5) otherwise altering the elements of chance or methods of selection or
criteria which determine the result of the game or amount or frequency of
payment of the game.
Subd. 4. Certain devices prohibited. (a) Whoever uses or possesses a
probability-calculating or outcome-affecting device at an authorized gambling
establishment is guilty of a felony. For purposes of this subdivision, a

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"probability-calculating" or "outcome-affecting" device is any device to assist

in:
(1) projecting the outcome of a game other than pari-mutuel betting
authorized by chapter 240;
(2) keeping track of or counting cards used in a game;
(3) analyzing the probability of the occurrence of an event relating to a
game other than pari-mutuel betting authorized by chapter 240; or
(4) analyzing the strategy for playing or betting in a game other than pari-
mutuel betting authorized by chapter 240.
For purposes of this section, a book, graph, periodical, chart, or pamphlet
is not a "probability-calculating" or "outcome-affecting" device.
(b) Whoever uses, or possesses with intent to use, a key or other
instrument for the purpose of opening, entering, and affecting the operation of
any game or gambling device or for removing money, chips, tokens, or other
contents from therein, is guilty of a felony. This paragraph does not apply to
an agent or employee of an authorized gambling establishment acting within
the scope of employment.
Subd. 5. Counterfeit chips prohibited. Whoever intentionally uses
counterfeit chips or tokens to play a game at an authorized gambling
establishment as defined in section 609.75, subdivision 5, designed to be
played with or operated by chips or tokens is guilty of a felony. For purposes
of this subdivision, counterfeit chips or tokens are chips or tokens not
approved by the government regulatory agency for use in an authorized
gambling activity.
Subd. 6. Manufacture, sale, and modification prohibited. (a) Whoever
manufactures, sells, distributes, or otherwise provides cards, chips, tokens,
dice, or other equipment or devices intended to be used to violate this section,
is guilty of a felony.
(b) Whoever intentionally marks, alters, or otherwise modifies lawful
associated equipment or gambling devices for the purpose of violating this
section is guilty of a felony.
Subd. 7. Instruction. Whoever instructs another person to violate the
provisions of this section, with the intent that the information or knowledge
conveyed be used to violate this section, is guilty of a felony.
Subd. 8. Value of chips or tokens. The value of chips or tokens
approved for use in a game designed to be played with or operated by chips
or tokens, as the term "value" is used in section 609.52, is the amount or
denomination shown on the face of the chip or token representing United
States currency. Chips used in tournament play at a card club at a class A
facility have no United States currency value.

609.761 OPERATIONS PERMITTED.

Subdivision 1. Lawful gambling. Notwithstanding sections 609.755 and
609.76, an organization may conduct lawful gambling as defined in section
349.12, if authorized under chapter 349, and a person may manufacture, sell,
or offer for sale a gambling device to an organization authorized under chapter
349 to conduct lawful gambling, and parimutuel betting on horse racing may
be conducted under chapter 240.

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 Subd. 2. State lottery. Sections 609.755 and 609.76 do not prohibit the
operation of the state lottery or the sale, possession, or purchase of tickets for
the state lottery under chapter 349A.
Subd. 3. Social skill game. Sections 609.755 and 609.76 do not prohibit
tournaments or contests that satisfy all of the following requirements:
(1) the tournament or contest consists of the card games of chance
commonly known as cribbage, skat, sheephead, bridge, euchre, pinochle, gin,
500, smear, Texas hold’em, or whist;
(2) the tournament or contest does not provide any direct financial benefit
to the promoter or organizer;
(3) the value of all prizes awarded for each tournament or contest does
not exceed $200; and
(4) for a tournament or contest involving Texas hold’em:
(i) no person under 18 years of age may participate;
(ii) the payment of an entry fee or other consideration for participating is
prohibited;
(iii) the value of all prizes awarded to an individual winner of a tournament
or contest at a single location may not exceed $200 each day; and
(iv) the organizer or promoter must ensure that reasonable
accommodations are made for players with disabilities. Accommodations to
the table and the cards shall include the announcement of the cards visible to
the entire table and the use of Braille cards for players who are blind.
Subd. 4. Social dice games. Sections 609.755 and 609.76 do not
prohibit dice games conducted on the premises and adjoining rooms of a retail
establishment licensed to sell alcoholic beverages if the following
requirements are satisfied:
(1) the games consist of board games played with dice or commonly
known dice games such as “shake-a-day,” “3-2-1,” “who buys,” ”last chance,”
“liar’s poker,” “6-5-4,” “horse,” and “aces”;
(2) wagers or prizes for the games are limited to food or beverages; and
(3) the retail establishment does not organize or participate financially in
the games.
Subd. 5. High school raffles. Sections 609.755 and 609.76 do not
prohibit a raffle, as defined in section 349.12, subdivision 33, conducted by a
school district or a nonprofit organization organized primarily to support
programs of a school district, if the following conditions are complied with:
(1) tickets for the raffle may only be sold and the drawing conducted at a
high school event sponsored by a school district. All tickets must be sold for
the same price;
(2) tickets may only be sold to persons 18 years of age or older attending
the event;
(3) the drawing must be held during or immediately after the conclusion of
the event;
(4) one-half of the gross receipts from the sale of tickets must be awarded
as prizes for the raffle, and the remaining one-half may only be expended to
defray the school district's costs of sending event participants to high school
activities held at other locations; and
(5) if a school district's or nonprofit organization's gross receipts from the
conduct of raffles exceeds $12,000 in a calendar year or $5,000 in a single
raffle, the school district or organization must report the following information

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to the gambling control board annually: the total amount of gross receipts
received, the total expenses for the raffles, the total prizes awarded, and an
accounting of the expenditures from the gross receipts of the raffles.
Subd. 6. Savings promotion raffles. Sections 609.755 and 609.76 do
not prohibit the conduct of or participation in a savings promotion raffle, as
defined in section 609.75, subdivision 14, if the following conditions are
complied with:
(1) participants in a savings promotion raffle shall not be required to
provide any consideration, other than the deposit of a sum of money in a
qualifying account, to obtain chances to win prizes in a savings promotion
raffle. For purposes of this clause, participants shall not be deemed to have
provided such consideration merely because the interest rate, if any,
associated with a qualifying account is lower than the interest rate associated
with comparable nonqualifying accounts. Participants shall not be deemed to
have given consideration as a consequence of paying any fees associated
with a qualifying account, so long as such fees are approximately of a kind
and in an amount charged in connection with comparable nonqualifying
accounts, if any, offered by the savings promotion raffle sponsor;
(2) a savings promotion raffle shall be conducted so that each entry in the
savings promotion raffle has an equal chance of being drawn; and
(3) participants in a savings promotion raffle shall not be required to be
present at a prize drawing in order to win.

609.762 FORFEITURE OF GAMBLING DEVICES, PRIZES AND

PROCEEDS.
Subdivision 1. Forfeiture. The following are subject to forfeiture:
(1) devices used or intended for use, including those defined in section
349.30, subdivision 2, as a gambling device, except as authorized in sections
299L.07 and 349.11 to 349.23;
(2) all moneys, materials, and other property used or intended for use as
payment to participate in gambling or a prize or receipt for gambling;
(3) books, records, and research products and materials, including
formulas, microfilm, tapes, and data used or intended for use in gambling; and
(4) property used or intended to be used to illegally influence the outcome
of a horse race.
Subd. 2. Seizure. Property subject to forfeiture under subdivision 1 may
be seized by any law enforcement agency upon process issued by any court
having jurisdiction over the property. Seizure without process may be made
if:
(1) the seizure is incident to an arrest or a search under a search warrant;
(2) the property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture proceeding;
or
(3) the law enforcement agency has probable cause to believe that the
property was used or is intended to be used in a gambling violation and the
delay occasioned by the necessity to obtain process would result in the
removal, loss, or destruction of the property.
Subd. 3. Not subject to replevin. Property taken or detained under
subdivision 2 is not subject to a replevin action, but is considered to be in the

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custody of the law enforcement agency subject only to the orders and decrees
of the court having jurisdiction over the forfeiture proceedings.
Subd. 4. Procedures. Property must be forfeited after a conviction for a
gambling violation according to the following procedure:
(1) a separate complaint must be filed against the property describing it,
charging its use in the specified violation, and specifying the time and place of
its unlawful use;
(2) if the person charged with a gambling offense is acquitted, the court
shall dismiss the complaint and order the property returned to the persons
legally entitled to it; and
(3) if after conviction the court finds the property, or any part of it, was
used in violation as specified in the complaint, it shall order that the property
be sold or retained by the law enforcement agency for official use. Proceeds
from the sale of forfeited property may be retained for official use and shared
equally between the law enforcement agency investigating the offense
involved in the forfeiture and the prosecuting agency that prosecuted the
offense involved in the forfeiture and handled the forfeiture proceedings.
Subd. 5. Exception. Property may not be seized or forfeited under this
section if the owner shows to the satisfaction of the court that the owner had
no notice or knowledge or reason to believe that the property was used or
intended to be used in violation of this section.
Subd. 6. Reporting. The law enforcement and prosecuting agencies shall
report on forfeitures occurring under this section as described in section
609.5315, subdivision 6.

609.763 LAWFUL GAMBLING FRAUD.

Subdivision 1. Crime. A person is guilty of a crime and may be
sentenced as provided in subdivision 2 if the person does any of the following:
(1) knowingly claims a lawful gambling prize using altered or counterfeited
gambling equipment;
(2) knowingly claims a lawful gambling prize by means of fraud, deceit, or
misrepresentation;
(3) manipulates any form of lawful gambling or tampers with any gambling
equipment with intent to influence the outcome of a game or the receipt of a
prize; or
(4) knowingly tampers with or attempts to alter any component or device
used in the conduct or play of electronic pull-tabs or electronic linked bingo as
authorized under chapter 349 or attempts to convert legal gambling into illegal
gambling at an establishment licensed under chapter 340A;
(5) has unauthorized possession of an electronic pull-tab device, an
electronic linked bingo device, or other component used in the conduct of
electronic pull-tabs or electronic linked bingo as authorized under chapter 349;
or
(6) knowingly places or uses false information on a prize receipt or on any
other form approved for use by the Gambling Control Board or the Alcohol and
Gambling Enforcement Division of the Department of Public Safety.
Subd. 2. Penalty. A person who violates subdivision 1 may be sentenced
as follows:
(1) if the dollar amount involved is $500 or less, the person is guilty of a
misdemeanor;
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(2) if the dollar amount involved is more than $500 but not more than
$2,500, the person is guilty of a gross misdemeanor; and
(3) if the dollar amount involved is more than $2,500, the person is guilty
of a felony and may be sentenced to imprisonment for not more than three
years or to payment of a fine of not more than $6,000, or both.
Subd. 3. Aggregation; jurisdiction. In a prosecution under this section,
the dollar amounts involved in violation of subdivision 1 within any 12-month
period may be aggregated and the defendant charged accordingly. When two
or more offenses are committed by the same person in two or more counties,
the defendant may be prosecuted in any county in which one of the offenses
was committed for all of the offenses aggregated under this subdivision.

CRIMES AGAINST REPUTATION

609.765 CRIMINAL DEFAMATION.

Subdivision 1. Definition. Defamatory matter is anything which
exposes a person or a group, class or association to hatred, contempt, ridicule,
degradation or disgrace in society, or injury to business or occupation.
Subd. 2. Acts constituting. Whoever with knowledge of its false and
defamatory character orally, in writing or by any other means, communicates
any false and defamatory matter to a third person without the consent of the
person defamed is guilty of criminal defamation 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. 3. Justification. Violation of subdivision 2 is justified if:
(1) The communication is absolutely privileged; or
(2) The communication consists of fair comment made in good faith with
respect to persons participating in matters of public concern; or
(3) The communication consists of a fair and true report or a fair summary
of any judicial, legislative or other public or official proceedings; or
(4) The communication is between persons each having an interest or
duty with respect to the subject matter of the communication and is made with
intent to further such interest or duty.
Subd. 4. Testimony required. No person shall be convicted on the basis
of an oral communication of defamatory matter except upon the testimony of
at least two other persons that they heard and understood the oral statement
as defamatory or upon a plea of guilty.

609.77 FALSE INFORMATION TO NEWS MEDIA.

Whoever, with intent that it be published or disseminated and that it
defame another person, communicates to any newspaper, magazine or
other news media, any statement, knowing it to be false, is guilty of a
misdemeanor.

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 CRIMES RELATING TO COMMUNICATIONS

609.774 EMERGENCY COMMUNICATIONS; KIDNAPPINGS.

Subdivision 1. Definitions. For the purposes of this section,
"supervising peace officer" means a person licensed pursuant to chapter 626,
who has probable cause to believe that a person is being unlawfully confined,
and who has lawful jurisdiction in the geographical area where the violation is
believed to be occurring.
Subd. 2. Authority. A supervising peace officer may order a telephone
company to cut, reroute, or divert telephone lines for the purpose of
establishing and controlling communications with a violator.
Subd. 3. Designation. Each telephone company shall designate an
employee to serve as a security official and to provide assistance as required
by the supervising peace officer to carry out the purposes of this section.
Subd. 4. Unauthorized communication prohibited. Whoever initiates
telephone communications with a violator with knowledge of an order issued
pursuant to subdivision 2 and without prior police authorization, is guilty of a
misdemeanor.
Subd. 5. Defense. Good faith reliance by telephone employees on an
order issued pursuant to subdivision 2 shall constitute a complete defense to
any legal action brought for an interruption of telephone communications
occurring by reason of this section.

609.775 DIVULGING TELEPHONE OR TELEGRAPH

MESSAGE; NONDELIVERY.
Whoever does any of the following is guilty of a misdemeanor:
(1) Being entrusted as an employee of a telephone or telegraph company
with the transmission or delivery of a telephonic or telegraphic message,
intentionally or through culpable negligence discloses the contents or meaning
thereof to a person other than the intended receiver; or
(2) Having knowledge of not being the intended receiver, obtains such
disclosure from such employee; or
(3) Being such employee, intentionally or negligently fails duly to deliver
such message.

609.776 INTERFERENCE WITH EMERGENCY

COMMUNICATIONS.
Whoever, without prior authorization, broadcasts or transmits on,
interferes with, blocks, or cross-patches another frequency onto a law
enforcement, firefighting, emergency medical services, emergency radio
frequency or channel, any assigned or alternate emergency frequency or
channel, or an official cellular telephone communication of a law enforcement
agency, a fire department, or emergency medical services provider, knowing,
or having reason to know that the act creates a risk of obstructing, preventing,
or misdirecting official law enforcement, firefighting, or emergency medical
services communications, is guilty of a felony and may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $10,000, or both.

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609.78 EMERGENCY TELEPHONE CALLS AND

COMMUNICATIONS.
Subdivision 1. Misdemeanor offenses. Whoever does the following is
guilty of a misdemeanor:
(1) Refuses to relinquish immediately a coin-operated telephone or a
telephone line consisting of two or more stations when informed that the line
is needed to make an emergency call;
(2) Secures a relinquishment of a coin-operated telephone or a telephone
line consisting of two or more stations by falsely stating that the line is needed
for an emergency;
(3) Publishes telephone directories to be used for telephones or
telephone lines and the directories do not contain a copy of this section;
(4) Makes a call for emergency police, fire, medical, or ambulance
service, knowing that no police, fire, or medical emergency exists;
(5) Interrupts, disrupts, impedes, or otherwise interferes with the
transmission of a citizen's band radio channel communication the purpose of
which is to inform or inquire about a medical emergency or an emergency in
which property is or is reasonably believed to be in imminent danger of
damage or destruction; or
(6) makes or initiates an emergency call, knowing that no emergency
exists, and with the intent to disrupt, interfere with, or reduce the provision of
emergency services or the emergency call center’s resources, remains silent,
or makes abusive or harassing statements to the call recipient.
Subd. 2. Gross misdemeanor offenses. Whoever does the following is
guilty of a gross misdemeanor:
(1) intentionally interrupts, disrupts, impedes, or interferes with an
emergency call or who intentionally prevents or hinders another from placing
an emergency call, and whose conduct does not result in a violation of section
609.498;
(2) places an emergency call and reports a fictitious emergency with the
intent of prompting an emergency response by law enforcement, fire, or
emergency medical services personnel; or
(3) violates subdivision 1, clause (6), after having been previously
convicted or adjudicated delinquent for violating that clause.
Subd. 2a. Felony offense; reporting fictitious emergency resulting in
serious injury. Whoever violates subdivision 2, clause (2), 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, if the call triggers an
emergency response and, as a result of the response, someone suffers great
bodily harm or death.
Subd. 2b. Other felony offenses. Whoever does the following 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) violates subdivision 1, clause (6), after having been previously
convicted or adjudicated delinquent for violating that clause on more than one
occasion; or
(2) intentionally uses multiple communications devices or electronic
means to block, interfere with, overload, or otherwise prevent the emergency

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call center’s system from functioning properly, and these actions make the
system unavailable to someone needing emergency assistance.
Subd. 3. Definition. (a) Except as provided in paragraph (b), for
purposes of this section, “emergency call” means:
(1) a 911 call;
(2) any call for emergency medical or ambulance service; or
(3) any call for assistance from a police or fire department or for other
assistance needed in an emergency to avoid serious harm to person or
property, and an emergency exists.
(b) As used in subdivision 1, clause (6); 2, clause (2); and 2a:
(1) “call” includes the use of any method of communication including, but
not limited to: telephones, facsimiles, voice-over-Internet protocols, e-mail
messages, text messages, and electronic transmissions of an image or video;
and
(2) “emergency call” has the meaning given in paragraph (a) but does not
require the existence of an emergency.

609.785 Repealed, 1990 c 494 s 7

609.79 OBSCENE OR HARASSING TELEPHONE CALLS.

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) with the intent to harass or intimidate another person, repeatedly
makes telephone calls, whether or not conversation ensues, 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, or
(iii) with the intent to harass or intimidate any person at the called or
notified number, makes or causes the telephone of another to repeatedly or
continuously ring, 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, 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.
Subd. 1a. Repealed, 1993 c 326 a 2 s 34
Subd. 2. Venue. The offense may be prosecuted either at the place
where the call is made or where it is received or, additionally in the case of
wireless or electronic communication, where the sender or receiver resides.

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609.795 LETTER, TELEGRAM, OR PACKAGE; OPENING;

HARASSMENT.
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 harass or intimidate another person, repeatedly
mails or delivers or causes the delivery by any means, including electronically,
of letters, telegrams, or packages 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.
Subd. 2. Repealed, 1993 c 326 a 2 s 34
Subd. 3. Venue. The offense may be prosecuted either at the place
where the letter, telegram, or package is sent or received or, alternatively in
the case of wireless electronic communication, where the sender or receiver
resides.

609.80 INTERFERING WITH CABLE COMMUNICATIONS

SYSTEMS.
Subdivision 1. Misdemeanor. Whoever does any of the following is
guilty of a misdemeanor:
(1) intentionally and with the purpose of making or aiding in an
unauthorized connection as prohibited by section 609.52, subdivision 2,
paragraph (a), clause (12), to a licensed cable communications system as
defined in chapter 238 lends, offers, or gives to another any instrument,
apparatus, equipment, or device designed to make an unauthorized
connection, or plan, specification or instruction for making an unauthorized
connection, without receiving or seeking to receive money or any other thing
of value in exchange; or
(2) intentionally tampers with, removes or injures any cable, wire, or other
component of a licensed cable communications system as defined in chapter
238; or
(3) intentionally and without claim of right interrupts a service of a licensed
cable communications system as defined in chapter 238.
Subd. 2. Commercial activity; felony. Whoever sells or rents, or offers
or advertises for sale or rental, any instrument, apparatus, equipment, or
device designed to make an unauthorized connection as prohibited by section
609.52, subdivision 2, paragraph (a), clause (12), to a licensed cable
communications system as defined in chapter 238, or a plan, specification, or
instructions for making an unauthorized connection, is guilty of a felony and
may be sentenced to not more than three years of imprisonment or a fine of
not more than $5,000, or both.

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609.805 Repealed, 2007 c 47 s 1; 2007 c 54 art 2 s 19

CRIMES RELATING TO BUSINESS

609.806 INTERFERING WITH INTERNET TICKET SALES.

(a) A person who intentionally uses software to circumvent on a ticket
seller’s Web site a security measure, an access control system, or a control or
measure that is used to ensure an equitable ticket buying process, is guilty of
a misdemeanor.
(b) For the purposes of this section, “software” means computer programs
that are primarily designed or produced for the purpose of interfering with the
operation of any person or entity that sells, over the Internet, tickets of
admission to a sporting event, theater, musical performance, or place of public
entertainment or amusement of any kind.

609.807 EVENT TICKETS; PROHIBITED ACTS.

(a) As used in this section: (1) “initial seller” means a person or entity
with whom a provider of an event or venue has contracted for the sale of tickets
for the purpose of the initial sale of those tickets to the general public; and (2)
“ticket” means a ticket of admission to a sporting event, theater, musical
performance, or place of public entertainment or amusement of any kind.
(b) The initial seller of tickets shall make available for sale all tickets
under control of the initial seller in the manner and under terms directed by the
provider of the event or venue. The initial seller shall not, unless authorized
by the provider of the event or venue, divert tickets from the initial sale to the
general public to be sold in any other manner or under any other terms.
(c) No person or entity, with intent to defraud, may sell or offer for sale
a ticket that is invalid, counterfeit, altered, or otherwise not genuine.
(d) A violation of this section is a misdemeanor.

609.81 Repealed 1996, c 404 s 18

609.815 MISCONDUCT OF JUNK OR SECONDHAND DEALER.

Whoever is a junk dealer or second hand dealer and does any of the
following is guilty of a misdemeanor:
(1) Has stolen goods in possession and refuses to permit a law
enforcement officer to examine them during usual business hours; or
(2) Purchases property from a person under lawful age, without the
written consent of the person's parent or guardian.

609.82 FRAUD IN OBTAINING CREDIT.

A person who, with intent to defraud, obtains personal credit or credit for
another from a bank, trust company, savings association, or credit union, by
means of a present or past false representation as to the person's or another's
financial ability may be sentenced as follows:
(1) If no money or property is obtained by the defendant by means of
such credit, to imprisonment for not more than 90 days or to payment of a fine
of not more than $300, or both; or
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(2) If money or property is so obtained, the value thereof shall be

determined as provided in section 609.52, subdivision 1, clause (3) and the
person obtaining the credit may be sentenced as provided in section 609.52,
subdivision 3.

609.821 FINANCIAL TRANSACTION CARD FRAUD.

Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given them:
(a) "Financial transaction card" means any instrument or device, whether
known as a credit card, credit plate, charge plate, courtesy card, bank services
card, banking card, check guarantee card, debit card, electronic benefit
system (EBS) card, electronic benefit transfer (EBT) card, assistance
transaction card, or by any other name, issued with or without fee by an issuer
for the use of the cardholder in obtaining credit, money, goods, services, public
assistance benefits, or anything else of value, and includes the account or
identification number or symbol of a financial transaction card.
(b) "Cardholder" means a person in whose name a card is issued.
(c) "Issuer" means a person, firm, or governmental agency, or a duly
authorized agent or designee, that issues a financial transaction card.
(d) "Property" includes money, goods, services, public assistance benefit,
or anything else of value.
(e) "Public assistance benefit" means any money, goods or services, or
anything else of value, issued under chapters 256, 256B, 256D, or section
393.07, subdivision 10.
(f) "Trafficking of SNAP benefits" means:
(1) the buying, selling, stealing, or otherwise effecting an exchange of
Supplemental Nutrition Assistance Program (SNAP) benefits issued and
accessed via an electronic benefit transfer (EBT) card, card number and
personal identification number (PIN), or manual voucher and signature, for
cash or consideration other than eligible food, either directly, indirectly, in
complicity or collusion with others, or acting alone;
(2) the exchange of one of the following for SNAP benefits: firearms,
ammunition, explosives, or controlled substances as defined in United States
Code, title 21, section 802;
(3) purchasing a product with SNAP benefits that has a container requiring
a return deposit with the intent of obtaining cash by discarding the product and
returning the container for the deposit amount, intentionally discarding the
product, and intentionally returning the container for the deposit amount;
(4) purchasing a product with SNAP benefits with the intent of obtaining
cash or consideration other than eligible food by reselling the product, and
intentionally reselling the product purchased with SNAP benefits in exchange
for cash or consideration other than eligible food;
(5) intentionally purchasing products originally purchased with SNAP
benefits in exchange for cash or consideration other than eligible food; or
(6) attempting to buy, sell, steal, or otherwise effect an exchange of SNAP
benefits issued and accessed via an EBT card, card number and PIN number,
or manual voucher and signature, for cash or consideration other than eligible
food, either directly, indirectly, in complicity or collusion with others, or acting
alone.

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 Subd. 2. Violations; penalties. A person who does any of the following
commits financial transaction card fraud:
(1) without the consent of the cardholder, and knowing that the cardholder
has not given consent, uses or attempts to use a card to obtain the property
of another, or a public assistance benefit issued for the use of another;
(2) uses or attempts to use a card knowing it to be forged, false, fictitious,
or obtained in violation of clause (6);
(3) sells or transfers a card knowing that the cardholder and issuer have
not authorized the person to whom the card is sold or transferred to use the
card, or that the card is forged, false, fictitious, or was obtained in violation of
clause (6);
(4) without a legitimate business purpose, and without the consent of the
cardholders, receives or possesses, with intent to use, or with intent to sell or
transfer in violation of clause (3), two or more cards issued in the name of
another, or two or more cards knowing the cards to be forged, false, fictitious,
or obtained in violation of clause (6);
(5) being authorized by an issuer to furnish money, goods, services, or
anything else of value, knowingly and with an intent to defraud the issuer or
the cardholder:
(i) furnishes money, goods, services, or anything else of value upon
presentation of a financial transaction card knowing it to be forged, expired, or
revoked, or knowing that it is presented by a person without authority to
use the card; or
(ii) represents in writing to the issuer that the person has furnished money,
goods, services, or anything else of value which has not in fact been furnished;
(6) upon applying for a financial transaction card to an issuer, or for a
public assistance benefit which is distributed by means of a financial
transaction card:
(i) knowingly gives a false name or occupation;
(ii) knowingly and substantially overvalues assets or substantially
undervalues indebtedness for the purpose of inducing the issuer to issue a
financial transaction card;
(iii) knowingly makes a false statement or representation for the purpose
of inducing an issuer to issue a financial transaction card used to obtain a
public assistance benefit;
(7) with intent to defraud, falsely notifies the issuer or any other person of
a theft, loss, disappearance, or nonreceipt of a financial transaction card; or
(8) without the consent of the cardholder and knowing that the cardholder
has not given consent, falsely alters, makes, or signs any written document
pertaining to a card transaction to obtain or attempt to obtain the property of
another; or
(9) engages in trafficking of SNAP benefits.
Subd. 3. Sentence. (a) A person who commits financial transaction
card fraud may be sentenced as follows:
(1) for a violation of subdivision 2, clause (1), (2), (5), (8) or (9):
(i) to imprisonment for not more than 20 years or to payment of a fine of
not more than $100,000, or both, if the value of the property the person
obtained or attempted to obtain was more than $35,000, or the aggregate
amount of the transactions under this subdivision was more than $35,000; or

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(ii) to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the value of the property the person obtained
or attempted to obtain was more than $2,500, or the aggregate amount of the
transactions under this subdivision was more than $2,500; or
(iii) to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if the value of the property the person obtained
or attempted to obtain was more than $250 but not more than $2,500, or the
aggregate amount of the transactions under this subdivision was more than
$250 but not more than $2,500; or
(iv) to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if the value of the property the person obtained
or attempted to obtain was not more than $250, or the aggregate amount of
the transactions under this subdivision was not more than $250, and the
person has previously been convicted within the preceding five years for an
offense under this section, section 609.24; 609.245; 609.52; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute from another
state in conformity with any of those sections, and the person received a felony
or gross misdemeanor sentence for the offense, or a sentence that was stayed
under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony or gross misdemeanor sentence; or
(v) to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both, if the value of the property the person obtained
or attempted to obtain was not more than $250, or the aggregate amount of
the transactions under this subdivision was not more than $250;
(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for
not more than three years or to payment of a fine of not more than $5,000, or
both; or
(3) for a violation of subdivision 2, clause (6) or (7):
(i) if no property, other than a financial transaction card, has been
obtained by the defendant by means of the false statement or false report, to
imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both; or
(ii) if property, other than a financial transaction card, is so obtained, in the
manner provided in clause (1).
(b) In any prosecution under paragraph (a), clause (1), the value of the
transactions made or attempted within any six-month period may be
aggregated and the defendant charged accordingly in applying the provisions
of this section. When two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in
which one of the card transactions occurred for all of the transactions
aggregated under this paragraph.

RESIDENTIAL MORTGAGE FRAUD

609.822 RESIDENTIAL MORTGAGE FRAUD.

Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) "Mortgage lending process" means the process through which a
person seeks or obtains a residential mortgage loan including, but not limited

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to, solicitation, application, or origination, negotiation of terms, third-party
provider services, underwriting, signing and closing, and funding of the loan.
Documents involved in the mortgage lending process include, but are not
limited to, uniform residential loan applications or other loan applications;
appraisal reports; HUD-1 settlement statements; supporting personal
documentation for loan applications such as W-2 forms, verifications of income
and employment, bank statements, tax returns, and payroll stubs; and any
required disclosures.
(c) "Residential mortgage loan" has the meaning given in section 58.02,
subdivision 18.
Subd. 2. Residential mortgage fraud prohibited. Whoever does any
of the following commits residential mortgage fraud and may be sentenced as
provided in subdivision 3:
(1) knowingly makes or causes to be made any deliberate and material
misstatement, misrepresentation, or omission during the mortgage lending
process with the intention that it be relied on by a mortgage lender, borrower,
or any other party to the mortgage lending process;
(2) knowingly uses or facilitates the use of any deliberate and material
misstatement, misrepresentation, or omission, knowing the same to contain a
material misstatement, misrepresentation, or omission, during the mortgage
lending process with the intention that it be relied on by a mortgage lender,
borrower, or any other party to the mortgage lending process; or
(3) conspires to violate clause (1) or (2).
An offense of residential mortgage fraud must not be predicated solely
upon information lawfully disclosed under federal disclosure laws, regulations,
and interpretations related to the mortgage lending process.
Subd. 3. Sentence. Whoever violates this section shall be sentenced
as provided in section 609.52, subdivision 3, based on the aggregate
economic loss suffered by any person as a result of the violation. However,
the maximum sentence of imprisonment for the offense may not exceed two
years. A person convicted of a violation of this section shall be ordered to pay
restitution to persons aggrieved by the violation. Restitution shall be ordered
in addition to a fine or imprisonment but not in lieu of a fine or imprisonment.
Nothing in this section limits the power of the state to punish any person for
conduct which constitutes a crime under any other statute.
Subd. 4. Vulnerable victim. If the person who violates subdivision 2
knew or had reason to know that the victim was vulnerable due to age,
infirmity, or reduced physical or mental capacity, the court may order an
aggravated departure under the Sentencing Guidelines.

MISCELLANEOUS CRIMES

609.825 BRIBERY OF PARTICIPANT OR OFFICIAL IN

CONTEST.
Subdivision 1. Definition. As used in this section, "official" means one
who umpires, referees, judges, officiates or is otherwise designated to render
decisions concerning the conduct or outcome of any contest included herein.

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Subd. 2. Acts prohibited. Whoever does any of the following 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) Offers, gives, or agrees to give, directly or indirectly, any benefit,
reward or consideration to a participant, manager, director, or other official, or
to one who intends to become such participant or official, in any sporting event,
race or other contest of any kind whatsoever with intent thereby to influence
such participant not to use the participant's best effort to win or enable the
participant's team to win or to attain a maximum score or margin of victory, or
to influence such official in decisions with respect to such contest; or
(2) Requests, receives, or agrees to receive, directly or indirectly, any
benefit, reward or consideration upon the understanding that the actor will be
so influenced as such participant or official.
Subd. 3. Duty to report. Whoever is offered or promised such benefit,
reward or consideration upon the understanding to be so influenced as such
participant or official and fails promptly to report the same to the offeree's or
promisee's employer, manager, coach, or director, or to a county attorney may
be punished by imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.

609.83 FALSELY IMPERSONATING ANOTHER.

Whoever does either of the following 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) Assumes to enter into a marriage relationship with another by falsely
impersonating a third person; or
(2) By falsely impersonating another with intent to defraud the other or a
third person, appears, participates, or executes an instrument to be used in a
judicial proceeding.

609.833 MISREPRESENTATION OF SERVICE ANIMAL.

Subdivision 1. Definitions. As used in this section:
(1) "place of public accommodation" has the meaning given in section
363A.03, subdivision 34; and
(2) "service animal" has the meaning given in Code of Federal
Regulations, title 28, section 36.104, as amended through March 1, 2018.
Subd. 2. Prohibited conduct. A person may not, directly or indirectly
through statements or conduct, intentionally misrepresent an animal in that
person's possession as a service animal in any place of public accommodation
to obtain any rights or privileges available to a person who qualifies for a
service animal under state or federal law knowing that the person is not
entitled to those rights or privileges.
Subd. 3. Penalty. (a) Except as provided in paragraph (b), a person who
violates subdivision 2 is guilty of a petty misdemeanor.
(b) A person who violates subdivision 2 a second or subsequent time
is guilty of a misdemeanor.
Subd. 4. Notice. (a) A conspicuous sign may be posted in a location
accessible to public view in a place of public accommodation that contains the
following, or substantially similar, language:

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 "NOTICE
Service Animals Welcome. It is illegal for a person to misrepresent an
animal in that person's possession as a service animal."
(b) The Council on Disability may prepare and make available to
businesses a brochure detailing permissible questions a business owner may
ask to determine whether an animal is a service animal, proper answers to
those questions, and guidelines defining unacceptable behavior.

609.849 RAILROAD THAT OBSTRUCTS TREATMENT OF

INJURED WORKER.
(a) It shall be unlawful for a railroad or person employed by a railroad
negligently or intentionally to:
(1) deny, delay, or interfere with medical treatment or first aid treatment to
an employee of a railroad who has been injured during employment; or
(2) discipline, harass, or intimidate an employee to discourage the
employee from receiving medical attention or threaten to discipline an
employee who has been injured during employment for requesting medical
treatment or first aid treatment.
(b) Nothing in this section shall deny a railroad company or railroad
employee from making a reasonable inquiry of an injured employee about the
circumstance of an injury in order to gather information necessary to identify
a safety hazard.
(c) It is not a violation under this section for a railroad company or railroad
employee to enforce safety regulations.
(d) A railroad or a person convicted of a violation of paragraph (a), clause
(1) or (2), is guilty of a gross misdemeanor and may be fined not more than
$1,000 but is not subject to an incarcerative sanction.
NOTE: Paragraph (a), clause (1),was found preempted by the federal
Railroad Safety Act in SNSF Railway Co v. Swanson, 533 F.3d 618 (8th Cir.
2008).

609.85 CRIMES AGAINST RAILROAD EMPLOYEES AND

PROPERTY; PENALTY.
Subdivision 1. Intent to cause derailment. Whoever throws or deposits
any type of debris, waste material, or other obstruction on any railroad track
or whoever causes damage or causes another person to damage, tamper,
change or destroy any railroad track, switch, bridge, trestle, tunnel, signal or
moving equipment used in providing rail services, with intention to cause
injury, accident or derailment, is guilty of a felony.
Subd. 2. Foreseeable risk. Whoever intentionally throws or deposits any
type of debris, waste material, or other obstruction on any railroad track or
whoever intentionally causes damage or causes another person to damage,
tamper, change or destroy any railroad track, switch, bridge, trestle, tunnel,
signal or moving equipment used in providing rail services, which creates a
reasonably foreseeable risk of any injury, accident or derailment, is guilty of a
gross misdemeanor.
Subd. 3. Shooting at train. Whoever intentionally shoots a firearm at
any portion of a railroad train, car, caboose, engine or moving equipment so
as to endanger the safety of another is guilty of a gross misdemeanor.

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Subd. 4. Throwing objects at train. Whoever intentionally throws,

shoots or propels any stone, brick or other missile at any railroad train, car,
caboose, engine or moving equipment, so as to endanger the safety of another
is guilty of a gross misdemeanor.
Subd. 5. Placing obstruction on track. Whoever places an obstruction
on a railroad track is guilty of a misdemeanor.
Subd. 6. Trespass; allowing animals on track; exception. Whoever
intentionally trespasses, or who permits animals under the person's control to
trespass on a railroad track, yard, or bridge is guilty of a misdemeanor. This
subdivision does not apply to an elected union official’s access to those
facilities when acting in an official capacity, to an employee acting within the
scope of employment, or to a person with written permission from the railroad
company to enter upon the railroad facility.

609.851 FALSE TRAFFIC SIGNAL.

Subdivision 1. Misdemeanor. A person is guilty of a misdemeanor if the
person exhibits a false light or signal or interferes with a light, signal, or sign
controlling or guiding traffic on a highway, railroad track, navigable waters, or
in the air.
Subd. 2. Felony. A person who violates subdivision 1 and knows that
doing so creates a risk of death or bodily harm or serious property damage 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.

609.855 CRIMES INVOLVING TRANSIT; SHOOTING AT

TRANSIT VEHICLE.
Subdivision 1. Unlawfully obtaining services; misdemeanor. A
person is guilty of a misdemeanor who intentionally obtains or attempts to
obtain service for himself, herself, or another person from a provider of public
transit or from a public conveyance by doing any of the following:
(1) occupies or rides in any public transit vehicle without paying the
applicable fare or otherwise obtaining the consent of the transit provider
including:
(i) the use of a reduced fare when a person is not eligible for the fare; or
(ii) the use of a fare medium issued solely for the use of a particular
individual by another individual;
(2) presents a falsified, counterfeit, photocopied, or other deceptively
manipulated fare medium as fare payment or proof of fare payment;
(3) sells, provides, copies, reproduces, or creates any version of any fare
medium without the consent of the transit provider; or
(4) puts or attempts to put any of the following into any fare box, pass
reader, ticket vending machine, or other fare collection equipment of a transit
provider:
(i) papers, articles, instruments, or items other than fare media or
currency; or
(ii) a fare medium that is not valid for the place or time at, or the manner
in, which it is used.
Where self-service barrier-free fare collection is utilized by a public transit
provider, it is a violation of this subdivision to intentionally fail to exhibit proof

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of fare payment upon the request of an authorized transit representative when
entering, riding upon, or leaving a transit vehicle or when present in a
designated paid fare zone located in a transit facility.
Subd. 2. Unlawful interference with transit operator. (a) Whoever
intentionally commits an act that interferes with or obstructs, or tends to
interfere with or obstruct the operation of a transit vehicle is guilty of unlawful
interference with a transit operator and may be sentenced as provided in
paragraph (c).
(b) An act that is committed on a transit vehicle that distracts the driver
from the safe operation of the vehicle or that endangers passengers is a
violation of this subdivision if an authorized transit representative has clearly
warned the person once to stop the act.
(c) A person who violates this subdivision may be sentenced as follows:
(1) to imprisonment for not more than three years or to payment of a fine
of not more than $5,000, or both, if the violation was accompanied by force or
violence or a communication of a threat of force or violence; or
(2) to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both, if the violation was not accompanied by force
or violence or a communication of a threat of force or violence.
Subd. 3. Prohibited activities; misdemeanor. (a) A person is guilty of
a misdemeanor who, while riding in a vehicle providing public transit service:
(1) operates a radio, television, tape player, electronic musical instrument,
or other electronic device, other than a watch, which amplifies music, unless
the sound emanates only from earphones or headphones and except that
vehicle operators may operate electronic equipment for official business;
(2) smokes or carries lighted smoking paraphernalia;
(3) consumes food or beverages, except when authorized by the operator
or other official of the transit system;
(4) throws or deposits litter; or
(5) carries or is in control of an animal without the operator's consent.
(b) A person is guilty of a violation of this subdivision only if the person
continues to act in violation of this subdivision after being warned once by an
authorized transit representative to stop the conduct.
Subd. 4. Repealed, 1994 c 636 a 2 s 69.
Subd. 5. Shooting at or in public transit vehicle or facility. Whoever
recklessly discharges a firearm at or in any portion of a public transit vehicle
or facility is guilty of a felony and may be sentenced to imprisonment for not
more than three years or to payment of a fine of not more than $6,000, or both.
If the transit vehicle or facility is occupied by any person other than the
offender, the person 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.
Subd. 6. Restraining orders. (a) At the sentencing on a violation of this
section, the district court shall consider the extent to which the person's
conduct has negatively disrupted the delivery of transit services or has
affected the utilization of public transit services by others. The district court
may, in its discretion, include as part of any sentence for a violation of this
section, an order restraining the person from using public transit vehicles and
facilities for a fixed period, not to exceed two years or any term of probation,
whichever is longer.

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(b) The district court administrator shall forward copies of any orders, and
any subsequent orders of the court rescinding or modifying the original order,
promptly to the operator of the transit system on which the offense took place.
(c) A person who violates an order issued under this subdivision is guilty
of a gross misdemeanor.
Subd. 7. Definitions. (a) The definitions in this subdivision apply in this
section.
(b) "Public transit" or "transit" has the meaning given in section 174.22,
subdivision 7.
(c) "Public transit vehicle" or "transit vehicle" means any vehicle used for
the purpose of providing public transit, whether or not the vehicle is owned or
operated by a public entity.
(d) "Public transit facilities" or "transit facilities" means any vehicles,
equipment, property, structures, stations, improvements, plants, parking or
other facilities, or rights that are owned, leased, held, or used for the purpose
of providing public transit, whether or not the facility is owned or operated by
a public entity.
(e) "Fare medium" means a ticket, smart card, pass, coupon, token,
transfer, or other medium sold or distributed by a public transit provider, or its
authorized agents, for use in gaining entry to or use of the public transit
facilities or vehicles of the provider.
(f) "Proof of fare payment" means a fare medium valid for the place or time
at, or the manner in, which it is used. If using a reduced-fare medium, proof
of fare payment also includes proper identification demonstrating a person's
eligibility for the reduced fare. If using a fare medium issued solely for the use
of a particular individual, proof of fare payment also includes an identification
document bearing a photographic likeness of the individual and demonstrating
that the individual is the person to whom the fare medium is issued.
(g) "Authorized transit representative" means the person authorized by
the transit provider to operate the transit vehicle, a peace officer, or any other
person designated by the transit provider as an authorized transit provider
under this section.

609.856 USE OF POLICE RADIOS DURING COMMISSION OF

CRIME; PENALTIES.
Subdivision 1. Acts constituting. Whoever has in possession or uses
a radio or device capable of receiving or transmitting a police radio signal,
message, or transmission of information used for law enforcement purposes,
while in the commission of a felony or violation of section 609.487 or the
attempt to commit a felony or violation of section 609.487, is guilty of a felony
and may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both. Notwithstanding section
609.04, a prosecution for or conviction under this section is not a bar to
conviction of or punishment for any other crime committed by the defendant
as part of the same conduct.
Subd. 2. Forfeiture. A radio or device defined in subdivision 1 that is
used in the commission of a felony or violation of section 609.487 or attempt
to commit a felony or violation of section 609.487 is contraband property and
subject to the forfeiture provisions of section 609.531.

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609.857 DISCHARGING A LASER AT AN AIRCRAFT.
Subdivision 1. Definitions. (a) As used in this section, the following terms
have the meanings given.
(b) "Aircraft" means any contrivance now known or hereafter invented, used,
or designed for navigation of or flight in the air, but excluding parachutes.
(c) "Laser" means both of the following:
(1) any device that utilizes the natural oscillations of atoms or molecules
between energy levels for generating coherent electromagnetic radiation in
the ultraviolet, visible, or infrared region of the spectrum and when discharged
exceeds one milliwatt continuous wave;
(2) any device designed or used to amplify electromagnetic radiation by
simulated emission that is visible to the human eye.
Subd. 2. Crime. Whoever knowingly aims and discharges a laser or other
device that creates visible light into the cockpit of an aircraft that is in the
process of taking off or landing or is in flight is guilty of a gross misdemeanor.
Subd. 3. Exceptions. This section does not apply to the following
individuals who aim and discharge a laser or other device at an aircraft:
(1) an authorized individual in the conduct of research and development or
flight test operations conducted by an aircraft manufacturer, the Federal
Aviation Administration, or any other person authorized by the Federal
Aviation Administration to conduct such research and development or flight
test operations; or
(2) members or elements of the Department of Defense or Department of
Homeland Security acting in an official capacity for the purpose of research,
development, operations, testing, or training.
Subd. 4. Defense. It is an affirmative defense to a charge under this section
if the defendant proves by a preponderance of the evidence that the defendant
intended to send an emergency distress signal.

CRIMES AGAINST COMMERCE

609.86 COMMERCIAL BRIBERY.

Subdivision 1. Definition. "Corruptly" means that the actor intends the
action to injure or defraud:
(1) The actor's employer or principal; or
(2) The employer or principal of the person to whom the actor offers, gives
or agrees to give the bribe or from whom the actor requests, receives or agrees
to receive the bribe.
Subd. 2. Acts constituting. Whoever does any of the following, when
not consistent with usually accepted business practices, is guilty of
commercial bribery and may be sentenced as provided in subdivision 3:
(1) Corruptly offers, gives, or agrees to give, directly or indirectly, any
benefit, consideration, compensation, or reward to any employee, agent or
fiduciary of a person with the intent to influence the person's performance of
duties as an employee, agent, or fiduciary in relation to the person's
employer's or principal's business; or
(2) Being an employee, agent or fiduciary of a person, corruptly requests,
receives or agrees to receive, directly or indirectly, from another person any
benefit, consideration, compensation, or reward with the understanding or

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agreement to be influenced in the performance of duties as an employee,

agent, or fiduciary in relation to the employer's or principal's business.
Subd. 3. Sentence. Whoever commits commercial bribery may be
sentenced as follows:
(1) to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if the value of the benefit, consideration,
compensation or reward is greater than $500;
(2) in all other cases where the value of the benefit, consideration,
compensation or reward is $500 or less, to imprisonment for not more than 90
days or to payment of a fine of not more than $1,000; provided, however, in
any prosecution of the value of the benefit, consideration, compensation or
reward received by the defendant within any six-month period may be
aggregated and the defendant charged accordingly in applying the provisions
of this subdivision; provided that when two or more offenses are committed by
the same person in two or more counties, the accused may be prosecuted in
any county in which one of the offenses was committed, or all of the offenses
aggregated under this clause.

609.87 COMPUTER CRIME; DEFINITIONS.

Subdivision 1. Applicability. For purposes of sections 609.87 to
609.891, and 609.8912 to 609.8913, the terms defined in this section have the
meanings given them.
Subd. 2. Access. "Access" means to instruct, communicate with, store
data in, or retrieve data from a computer, computer system, or computer
network.
Subd. 2a. Authorization. (a) "Authorization" means:
(1) with the permission of the owner of the computer, computer system,
computer network, computer software, or other property:
(2) access by employees of the Department of Commerce acting under
the authority and powers granted to the director of the Weights and Measures
Division in chapter 239 at any time the device is commercially available for
use;
(3) access by registrants in the voluntary placing in service program and
registered liquefied petroleum gas (LPG) meter inspectors acting under the
authority and powers granted in Minnesota Rules, chapter 7601, but only at
times specified by the device owner or operator or the device owner's or
operator's designated representative; or
(4) access by other people who have the express permission of the
device owner or operator or the device owner's or operator's designated
representative but only at times as approved by the device owner or operator
and only for purposes approved by the device owner or operator.
(b) Authorization may be limited by the owner by:
(1) giving the user actual notice orally or in writing;
(2) posting a written notice in a prominent location adjacent to the
computer being used; or
(3) using a notice displayed on or announced by the computer being
used.
Subd. 3. Computer. "Computer" means an electronic device which
performs logical, arithmetic or memory functions by the manipulations of
signals, including but not limited to electronic or magnetic impulses.

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 Subd. 4. Computer system. "Computer system" means related,
connected or unconnected, computers and peripheral equipment.
Subd. 5. Computer network. "Computer network" means the
interconnection of a communication system with a computer through a remote
terminal, or with two or more interconnected computers or computer systems,
and includes private and public telecommunications networks.
Subd. 6. Property. "Property" includes, but is not limited to, electronically
processed or produced data and information contained in a computer or
computer software in either machine or human readable form.
Subd. 7. Services. "Services" includes but is not limited to, computer
time, data processing, and storage functions.
Subd. 8. Computer program. "Computer program" means an instruction
or statement or a series of instructions or statements, in a form acceptable to
a computer, which directs the functioning of a computer system in a manner
designed to provide appropriate products from the computer.
Subd. 9. Computer software. "Computer software" means a computer
program or procedures, or associated documentation concerned with the
operation of a computer.
Subd. 10. Loss. "Loss" means the greatest of the following:
(1) the retail market value of the property or services involved;
(2) the reasonable repair or replacement cost, whichever is less; or
(3) the reasonable value of the damage created by the unavailability or
lack of utility of the property or services involved until repair or replacement
can be effected.
Subd. 11. Computer security system. "Computer security system"
means a software program or computer device that is intended to protect the
confidentiality and secrecy of data and information stored in or accessible
through the computer system.
Subd. 12. Destructive computer program. "Destructive computer
program" means a computer program that performs a destructive function or
produces a destructive product. A program performs a destructive function if
it degrades performance of the affected computer, associated peripherals or
a computer program; disables the computer, associated peripherals or a
computer program; or destroys or alters computer programs or data. A
program produces a destructive product if it produces unauthorized data,
including data that make computer memory space unavailable; results in the
unauthorized alteration of data or computer programs; or produces a
destructive computer program, including a self-replicating computer program.
Subd. 13. Encryption. “Encryption” means any protective or disruptive
measure, including but not limited to, cryptography, enciphering, or encoding
that:
(1) causes or makes any data, information, image, program, signal, or
sound unintelligible or unusable; or
(2) prevents, impedes, delays, or disrupts access to any data, information,
image, program, signal, or sound.
Subd. 14. Personal data. “Personal data” means any computer property
or computer program which contains records of the employment, salary, credit,
or other financial or personal information relating to another person.
Subd. 15. Electronic terminal. "Electronic terminal" means an electronic
device, other than a telephone operated by a consumer, through which an

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individual or company may initiate an electronic fund transfer. The term

includes, but is not limited to, point-of-sale terminals, automated teller
machines, cash dispensing machines, and gas pump dispensers.
Subd. 16. Access device. "Access device" means a card that is used by
an individual or company to initiate transactions and is:
(1) a means of access to an individual's or company's account;
(2) issued on a prepaid basis to the individual or company in a specific
amount; or
(3) used by the individual or company to access government benefits.

609.88 COMPUTER DAMAGE.

Subdivision 1. Acts. Whoever does any of the following is guilty of
computer damage and may be sentenced as provided in subdivision 2:
(a) Intentionally and without authorization damages or destroys any
computer, computer system, computer network, computer software, or any
other property specifically defined in section 609.87, subdivision 6;
(b) Intentionally and without authorization and with intent to injure or
defraud alters any computer, computer system, computer network, computer
software, or any other property specifically defined in section 609.87,
subdivision 6; or
(c) Distributes a destructive computer program, without authorization and
with intent to damage or destroy any computer, computer system, computer
network, computer software, or any other property specifically defined in
section 609.87, subdivision 6.
Subd. 2. Penalty. Whoever commits computer damage may be
sentenced as follows:
(a) To imprisonment for not more than ten years or to payment of a fine of
not more than $50,000, or both, if the damage, destruction or alteration results
in a loss in excess of $2,500, to the owner, or the owner's agent, or lessee;
(b) To imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if the damage, destruction or alteration
results in a loss of more than $500, but not more than $2,500 to the owner, or
the owner's agent or lessee; or
(c) In all other cases to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.

609.89 COMPUTER THEFT.

Subdivision 1. Acts. Whoever does any of the following is guilty of
computer theft and may be sentenced as provided in subdivision 2:
(a) Intentionally and without authorization or claim of right accesses or
causes to be accessed any computer, computer system, computer network or
any part thereof for the purpose of obtaining services or property; or
(b) Intentionally and without claim of right, and with intent to deprive the
owner of use or possession, takes, transfers, conceals or retains possession
of any computer, computer system, or any computer software or data
contained in a computer, computer system, or computer network.
Subd. 2. Penalty. Anyone who commits computer theft may be
sentenced as follows:

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 (a) To imprisonment for not more than ten years or to payment of a fine of
not more than $50,000, or both, if the loss to the owner, or the owner's agent,
or lessee is in excess of $2,500; or
(b) To imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if the loss to the owner, or the owner's
agent, or lessee is more than $500 but not more than $2,500; or
(c) In all other cases to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.

609.891 UNAUTHORIZED COMPUTER ACCESS.

Subdivision 1. Crime. A person is guilty of unauthorized computer
access if the person intentionally and without authorization attempts to or does
penetrate a computer security system or electronic terminal.
Subd. 2. Felony. (a) A person who violates subdivision 1 in a manner
that creates a grave risk of causing the death of a person 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) A person who is convicted of a second or subsequent gross
misdemeanor violation of subdivision 1 is guilty of a felony and may be
sentenced under paragraph (a).
(c) A person who violates subdivision 1 by accessing, or attempting to
access, an electronic terminal through opening any panel or access door
without authorization and placing or attaching, or attempting to place or attach,
an electronic device to capture, store, or communicate access device
information is guilty of a felony.
Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1
in a manner that creates a risk to public health and safety is guilty of a gross
misdemeanor and may be sentenced to imprisonment for a term of not more
than one year or to payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1 in a manner that compromises the
security of data that are protected under section 609.52, subdivision 2,
paragraph (a), clause (8), or are not public data as defined in section 13.02,
subdivision 8a, is guilty of a gross misdemeanor and may be sentenced under
paragraph (a).
(c) A person who violates subdivision 1 and gains access to personal data
is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(d) A person who is convicted of a second or subsequent misdemeanor
violation of subdivision 1 within five years is guilty of a gross misdemeanor
and may be sentenced under paragraph (a).
(e) A person who violates subdivision 1 by accessing, or attempting to
access, an electronic terminal through opening, or attempting to open, any
panel or access door without authorization is guilty of a gross misdemeanor
and may be sentenced under paragraph (a).
Subd. 4. Misdemeanor. A person who violates subdivision 1 is guilty of
a misdemeanor and may be sentenced to imprisonment for a term of not more
than 90 days or to payment of a fine of not more than $1,000, or both.

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609.8911 REPORTING VIOLATIONS.

A person who has reason to believe that any provision of section 609.88,
609.89, or 609.891 is being or has been violated shall report the suspected
violation to the prosecuting authority in the county in which all or part of the
suspected violation occurred. A person who makes a report under this section
is immune from any criminal or civil liability that otherwise might result from
the person's action, if the person is acting in good faith.

609.8912 CRIMINAL USE OF ENCRYPTION.

Subdivision 1. Crime. Whoever intentionally uses or attempts to use
encryption to do any of the following is guilty of criminal use of encryption and
may be sentenced as provided in subdivision 2:
(1) to commit, further, or facilitate conduct constituting a crime;
(2) to conceal the commission of any crime;
(3) to conceal or protect the identity of a person who has committed any
crime; or
(4) to prevent, impede, delay, or disrupt the normal operation or use of
another’s computer, computer program, or computer system.
Subd. 2. Penalties. (a) A person who violates subdivision 1 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, if:
(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony;
or
(2) the person has two or more prior convictions for an offense under this
section, section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other
states, the United States, the District of Columbia, tribal lands, and United
States territories.
(b) A person who violates subdivision 1, under circumstances not
described in paragraph (a), 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.

609.8913 FACILITATING ACCESS TO COMPUTER SECURITY

SYSTEM.
A person is guilty of a gross misdemeanor if the person knows or has
reason to know that by facilitating access to a computer security system the
person is aiding another who intends to commit a crime and in fact commits a
crime. For purposes of this section, “facilitating access” includes the
intentional disclosure of a computer password, identifying code, personal
information number, or other confidential information about a computer
security system which provides a person with the means or opportunity for the
commission of a crime.

609.892 DEFINITIONS.
Subdivision 1. Applicability. The definitions in this section apply to
sections 237.73, 609.892, and 609.893.
Subd. 2. Access device. "Access device" means a card, plate, code,
account number, or other means of account access that can be used, alone

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or in conjunction with another access device, to obtain telecommunications
service.
Subd. 3. Credit card number. "Credit card number" means the card
number appearing on a credit card that is an identification card or plate issued
to a person by a supplier of telecommunications service that permits the
person to whom the card has been issued to obtain telecommunications
service on credit. The term includes the number or description of the card or
plate even if the card or plate itself is not produced when obtaining
telecommunications service.
Subd. 4. Telecommunications device. "Telecommunications device"
means an instrument, apparatus, equipment mechanism, operating
procedure, or code designed or adapted for a particular use and that is
intended or can be used in violation of 609.893. The term includes but is not
limited to computer hardware, software, programs, electronic mail system,
voice mail system, identification validation system, private branch exchange,
or any other means of facilitating telecommunications service.
Subd. 5. Telecommunications provider. "Telecommunications
provider" means a person, firm, association, or a corporation, private or
municipal, owning, operating, or managing facilities used to provide
telecommunications service.
Subd. 6. Telecommunications service. "Telecommunications service"
means a service that, in exchange for a pecuniary consideration, provides or
offers to provide transmission of messages, signals, facsimiles, or other
communication between persons who are physically separated from each
other by telephone, telegraph, cable, wire, fiber optic cable, or the projections
of energy without physical connection. This term applies when the
telecommunications service originates or ends or both originates and ends in
this state.
Subd. 7. Telephone company. "Telephone company" means a
telecommunications provider that provides local exchange
telecommunications service.

609.893 TELECOMMUNICATIONS AND INFORMATION

SERVICES FRAUD; CRIME DEFINED.
Subdivision 1. Obtaining services by fraud. A person commits
telecommunications and information services fraud and may be sentenced as
provided in subdivision 3 if the person, with intent to evade a lawful charge,
obtains telecommunications service for the person's own use by any
fraudulent means.
Subd. 2. Facilitation of telecommunications fraud. A person commits
a felony and may be sentenced as provided in subdivision 4 who:
(1) makes available to another, or offers or advertises to make available,
a telecommunications device or information in order to facilitate violation of
subdivision 1 by another; or
(2) makes, assembles, or possesses a telecommunications device that is
designed or adapted to violate subdivision 1 or to conceal from a provider of
telecommunications service or from a lawful authority, the existence or place
of origin or destination of telecommunications service.

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Subd. 3. Fraud. (a) Whoever commits telecommunications and

information services fraud in violation of subdivision 1, may be sentenced as
follows:
(1) to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the value of the services is in excess of
$2,500;
(2) to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if the value of the services is more than $500
but not more than $2,500; or
(3) in all other cases, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.
(b) Amounts involved in a violation of paragraph (a) under one scheme or
course of conduct, whether from the same credit card number or several credit
card numbers, may be aggregated in determining the classification of the
offense.
Subd. 4. Facilitation of fraud. Whoever violates subdivision 2 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.

609.894 CELLULAR TELEPHONE COUNTERFEITING;

CRIMES DEFINED.
Subdivision 1. Definitions. The definitions in this subdivision apply to
this section.
(a) “Cellular telephone” means a radio telecommunications device that
may be used to obtain access to the public and cellular switch telephone
networks and that is programmed by the manufacturer with an electronic serial
number.
(b) “Cellular telephone service” means all services and cellular telephone
equipment and capabilities available from a provider to an end user for a fee.
(c) “Cloned cellular telephone” or “counterfeit cellular telephone” means a
cellular telephone, the electronic serial number of which has been altered by
someone other than the manufacturer.
(d) “Telephone cloning paraphernalia” means materials that, when
possessed in combination, are capable of creating a cloned cellular telephone.
Telephone cloning paraphernalia includes, but is not limited to:
(1) scanners to intercept electronic serial numbers and mobile
identification numbers;
(2) cellular telephones;
(3) cables;
(4) EPROM chips
(5) EPROM burners;
(6) software for programming the cellular telephone with a false electronic
serial number, mobile identification number, other identifiable data, or a
combination of those items;
(7) computers containing software described in clause (6); and
(8) lists of electronic serial number and mobile identification number
combinations.
(e) “Electronic serial number” means a unique number that is programmed
into a cellular telephone by the manufacturer, transmitted by the cellular

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telephone, and used by cellular telephone providers to validate radio
transmissions to the system as having been made by an authorized device.
(f) “End user” is a person who pays a fee to subscribe to cellular telephone
service from a provider or a person receiving a call from or sending a call to
the person paying or subscribing for cellular telephone service.
(g) “intercept” means to electronically capture, record, reveal, or otherwise
access the signals emitted or received during the operation of a cellular
telephone by any instrument, device or equipment without the consent of the
sender or receiver.
(h) “Mobile identification number” means the cellular telephone number
assigned to the cellular telephone by the cellular telephone provider.
(i) “Provider” means a licensed seller of cellular telephone service or a
reselling agent authorized by a licensed seller.
Subd. 2. Cellular counterfeiting in the third degree. (a) A person
commits the crime of cellular counterfeiting in the third degree if the person
knowingly possesses a cloned cellular telephone and knows that the
telephone is unlawfully cloned.
(b) Cellular counterfeiting in the third degree is a gross misdemeanor.
Subd. 3. Cellular counterfeiting in the second degree. (a) A person
commits the crime of cellular counterfeiting in the second degree if the person
knowingly possesses, and knows the unlawful nature of using, any telephone
cloning paraphernalia or any instrument capable of intercepting or
manipulating electronic serial numbers, mobile identification numbers, other
identifiable data, or a combination of those items.
(b) A person who violates paragraph (a) may be sentenced to
imprisonment for not more than three years and may be fined up to $7,000, or
both.
Subd. 4. Cellular counterfeiting in the first degree. (a) A person
commits the crime of cellular counterfeiting in the first degree if the person
knowingly possesses or distributes, and knows the unlawful nature of using,
any telephone cloning paraphernalia or any instrument capable of intercepting
or manipulating electronic serial numbers, mobile identification numbers, other
identifiable data, or a combination of those items, and agrees with,
encourages, solicits, or permits one or more other persons to engage in or
cause, or obtain cellular telephone service through, cellular counterfeiting.
(b) A person who violates paragraph (a) may be sentenced to
imprisonment for not more than five years and may be fined up to $10,000, or
both.
Subd. 5. Exclusions. The provisions of subdivisions 2 to 4 do not apply
to:
(1) officers, employees, or agents of cellular telephone service providers
who engage in conduct prohibited by this section for the purpose of
constructing, maintaining, or conducting the radio telecommunication service
or for law enforcement purposes;
(2) law enforcement officers and public officials in charge of jails, police
premises, sheriffs’ offices, department of corrections institutions, and other
penal or correctional institutions, or any other person under the color of law,
who engages in conduct prohibited by this section for the purpose of law
enforcement or in the normal course of the officer’s or official’s employment
activities or duties; and

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(3) officers, employees, or agents of federal or state agencies that are

authorized to monitor or intercept cellular telephone service in the normal
course of the officer’s, employee’s, or agent’s employment.
Subd. 6. Civil liability. A prosecution under this section does not
preclude civil liability under any applicable provision of law.

609.895 COUNTERFEITED INTELLECTUAL PROPERTY;

PENALTIES.
Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given them.
(b) “Counterfeit mark” means:
(1) any unauthorized reproduction or copy of intellectual property; or
(2) intellectual property affixed to any item without the authority of the
owner of the intellectual property.
(c) “Counterfeited item or service” means an item or service bearing or
identified by a counterfeit mark.
(d) “Intellectual property” means any trademark, service mark, or trade
name.
(e) “Retail value” means:
(1) the usual selling price of the article or service bearing or identified by
the counterfeit mark; or
(2) the usual selling price of a finished product on or in which components
bearing or identified by a counterfeit mark are used.
(f) “Service mark” means a mark used by a person to identify services and
to distinguish them from the services of others.
(g) “Trademark” means a mark used by a person to identify goods and to
distinguish them from the goods of others.
(h) “Trade name” means a word, name, symbol, device, or any
combination of the foregoing in any form or arrangement, used by a person to
identify the person’s business, vocation, or occupation and to distinguish it
from the business, vocation, or occupation of others.
Subd. 2. Crime. A person who intentionally manufactures, produces,
distributes, offers for sale, sells, or possesses with intent to sell or distribute
any counterfeited item or service, knowing or having reason to know that the
item or service is counterfeit, is guilty of counterfeiting intellectual property and
may be punished as provided in subdivision 3.
Subd. 3. Penalties. (a) A person who is convicted of violating subdivision
2 may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $100,000, or both, if:
(1) the violation involves the manufacture or production of a counterfeited
item or items;
(2) the violation involves the distribution, offer for sale, sale, or possession
with intent to sell or distribute 1,000 or more counterfeited items;
(3) the violation involves the distribution, offer for sale, sale, or possession
with intent to sell or distribute counterfeited items or services having a retail
value of more than $10,000; or
(4) the defendant has two or more prior convictions for violating this
section or a law of another state or the United States that provides criminal
penalties for counterfeiting intellectual property.

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 (b) Except as otherwise provided in paragraph (a), a person who is
convicted of violating subdivision 2 may be sentenced to imprisonment for not
more than three years or to payment of a fine of not more than $50,000, or
both, if:
(1) the violation involves more than 100 but fewer than 1,000 counterfeited
items;
(2) the violation involves counterfeited items or services having a retail
value of more than $1,000 but not more than $10,000; or
(3) the defendant has one prior conviction for violating this section or a
law of another state or the United States that provides criminal penalties for
counterfeiting intellectual property.
(c) A person 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, if the person is
convicted of violating subdivision 2, under circumstances not described in
paragraph (a) or (b).
(d) If the defendant distributes, sells, offers for sale, or possesses with
intent to sell or distribute more than one item or service bearing or identified
by more than one counterfeit mark, the quantity or retail value of these items
and services may be aggregated for purposes of determining penalties under
this subdivision.
Subd. 4. Alternative fine. In lieu of the fine authorized by subdivision 3,
a person convicted of violating this section who received economic gain from
the act or caused economic loss during the act may be sentenced to pay a
fine calculated in the manner provided in section 609.904, subdivision 2.
Subd. 5. Forfeiture. Property used to commit or facilitate the commission
of a violation of this section, and all money and property representing proceeds
of a violation of this section, shall be forfeited in accordance with sections
609.531 to 609.5316. Notwithstanding any provision of section 609.5315 to
the contrary, forfeited items bearing or identified by a counterfeit mark must
be destroyed unless the intellectual property owner consents to another
disposition.
Subd. 6. Prima facie evidence. A Minnesota or federal certificate of
registration of an intellectual property is prima facie evidence of the registrant’s
ownership and exclusive right to use the intellectual property in connection
with the goods or services described in the certificate.

609.896 CRIMINAL USE OF REAL PROPERTY.

Subdivision 1. Definitions. (a) For the purposes of this section, the
following terms have the meanings given them.
(b) audiovisual recording function” means the capability of a device to
record or transmit a motion picture or any part of a motion picture by means
of any technology now known or later developed.
(c) “Convicted” includes a conviction for a similar offense under the law of
another state or the federal government.
(d) “Motion picture theater” means a movie theater, screening room, or
other venue when used primarily for the exhibition of a motion picture.
Subd. 2. Crime. (a) Any person in a motion picture theater while a motion
picture is being exhibited who knowingly operates an audiovisual recording
function of a device without the consent of the owner or lessee of the motion
picture theater is guilty of criminal use of real property.

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(b) If a person is convicted of a first offense, it is a misdemeanor.

(c) If a person is convicted of a second offense, it is a gross misdemeanor.
(d) If a person is convicted of a third or subsequent offense, it is a felony
and the person may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both.
Subd. 3. Detaining suspects. An owner or lessee of a motion picture
theater is a merchant for purposes of section 629.366.
Subd. 4. Exception. This section does not prevent any lawfully
authorized investigative, law enforcement protective, or intelligence gathering
employee or agent of the state or federal government from operating any
audiovisual recording device in a motion picture theater where a motion picture
is being exhibited, as part of lawfully authorized investigative, law enforcement
protective, or intelligence gathering activities.
Subd. 5. Not preclude alternative prosecution. Nothing in this section
prevents prosecution under any other provision of law.

RACKETEER INFLUENCED & CORRUPT ORG. (RICO)

609.901 CONSTRUCTION OF RACKETEERING PROVISIONS.

Sections 609.902 to 609.912 shall be liberally construed to achieve their
remedial purposes of curtailing racketeering activity and controlled substance
crime and lessening their economic and political power in Minnesota.

609.902 DEFINITIONS.
Subdivision 1. Definitions. As used in sections 609.901 to 609.912, the
following terms have the meanings given them.
Subd. 2. Criminal proceeding. "Criminal proceeding" means a criminal
proceeding begun under section 609.903.
Subd. 3. Enterprise. "Enterprise" means a sole proprietorship,
partnership, corporation, trust, or other legal entity, or a union, governmental
entity, association, or group of persons, associated in fact although not a legal
entity, and includes illicit as well as legitimate enterprises.
Subd. 4. Criminal act. "Criminal act" means conduct constituting, or a
conspiracy or attempt to commit, a felony violation of chapter 152, or a felony
violation of section 297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19;
609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228;
609.235; 609.245; 609.25; 609.27; 609.322; 609.342; 609.343; 609.344;
609.345; 609.42; 609.48; 609.485; 609.495; 609.496; 609.497; 609.498;
609.52, subdivision 2, if the offense is punishable under subdivision 3, clause
(1), if the property is a firearm, clause (3) (b), or clause 3(d)(v); section 609.52,
subdivision 2, paragraph (a), clause (1) or (4); 609.527, if the crime is
punishable under subdivision 3, clause (4); 609.528, if the crime is punishable
under subdivision 3, clause (4); 609.53; 609.561; 609.562; 609.582,
subdivision 1 or 2; 609.668, subdivision 6, paragraph (a); 609.67; 609.687;
609.713; 609.86; 609.894, subdivision 3 or 4; 609.895; 624.713; 624.7191;
or 626A.02, subdivision 1, if the offense is punishable under section 626A.02,
subdivision 4, paragraph (a). "Criminal act" also includes conduct constituting,
or a conspiracy or attempt to commit, a felony violation of section 609.52,
subdivision 2, clause (3), (4), (15), or (16) if the violation involves an insurance

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company as defined in section 60A.02, subdivision 4, a nonprofit health
service plan corporation regulated under chapter 62C, a health maintenance
organization regulated under chapter 62D, or a fraternal benefit society
regulated under chapter 64B.
Subd. 5. Participation in a pattern of criminal activity. A person
"participates in a pattern of criminal activity" when the person is a principal
with
respect to conduct constituting at least three of the criminal acts included
in the pattern and two of the acts constitute felonies other than conspiracy.
Subd. 6. Pattern of criminal activity. "Pattern of criminal activity" means
conduct constituting three or more criminal acts that:
(1) were committed within ten years of the commencement of the criminal
proceeding;
(2) are neither isolated incidents, nor so closely related and connected in
point of time or circumstance of commission as to constitute a single criminal
offense; and
(3) were either: (i) related to one another through a common scheme or
plan or a shared criminal purpose or (ii) committed, solicited, requested,
importuned, or intentionally aided by persons acting with the mental culpability
required for the commission of the criminal acts and associated with or in an
enterprise involved in those activities.
Subd. 7. Personal property. "Personal property" includes personal
property, an interest in personal property, or a right, including a bank account,
debt, corporate stock, patent, or copyright. Personal property and a beneficial
interest in personal property are deemed to be located where the trustee is,
the personal property is, or the instrument evidencing the right is.
Subd. 8. Principal. "Principal" means a person who personally engages
in conduct constituting a violation or who is criminally liable under section
609.05 for the conduct of another constituting a violation.
Subd. 9. Prosecuting authority. "Prosecuting authority" means the
office of a county attorney or office of the attorney general.
Subd. 10. Real property. "Real property" means any real property or an
interest in real property, including a lease of, or mortgage on, real property. A
beneficial interest in real property is deemed to be located where the real
property is located.

609.903 RACKETEERING.
Subdivision 1. Crime. A person is guilty of racketeering if the person:
(1) is employed by or associated with an enterprise and intentionally
conducts or participates in the affairs of the enterprise by participating in a
pattern of criminal activity;
(2) acquires or maintains an interest in or control of an enterprise, or an
interest in real property, by participating in a pattern of criminal activity; or
(3) participates in a pattern of criminal activity and knowingly invests any
proceeds derived from that conduct, or any proceeds derived from the
investment or use of those proceeds, in an enterprise or in real property.
Subd. 2. Permitted activities. For purposes of this section, it is not
unlawful to:
(1) purchase securities on the open market with intent to make an
investment, and without the intent of controlling or participating in the control

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of the issuer, or of assisting another to do so, if the securities of the issuer held
by the purchaser, the members of the purchaser's immediate family, and the
purchaser's accomplices in a pattern of criminal activity do not amount in the
aggregate to five percent of the outstanding securities of any one class and
do not confer, either in the law or in fact, the power to elect one or more
directors of the issuer;
(2) make a deposit in an account maintained in a savings association, or
a deposit in any other financial institution, that creates an ownership interest
in that association or institution; or
(3) purchase nonvoting shares in a limited partnership, with intent to make
an investment, and without the intent of controlling or participating in the
control of the partnership.

609.904 CRIMINAL PENALTIES.

Subdivision 1. Penalty. A person convicted of violating section 609.903
may be sentenced to imprisonment for not more than 20 years or to payment
of a fine of not more than $1,000,000, or both.
Subd. 2. Fine. In lieu of the fine authorized by subdivision 1, a person
convicted of violating section 609.903, who received economic gain from the
act or caused economic loss or personal injury during the act, may be
sentenced to pay a fine calculated under this subdivision. The maximum fine
is three times the gross value gained or three times the gross loss caused,
whichever is greater, plus court costs and the costs of investigation and
prosecution reasonably incurred, less the value of any property forfeited under
section 609.905. The district court shall hold a hearing to determine the
amount of the fine authorized by this subdivision. In imposing a fine, the court
shall consider the seriousness of the conduct, whether the amount of the fine
is disproportionate to the conduct in which the person engaged, its impact on
victims and any legitimate enterprise involved in that conduct, as well as the
economic circumstances of the convicted person, including the effect of the
imposition of the fine on the person's immediate family. For purposes of this
subdivision, loss does not include pain and suffering.
Subd. 3. Injunctive relief. After the entry of a judgment that includes a
fine or an order of criminal forfeiture under section 609.905, the district court
may enter a restraining order or injunction, require the execution of a
satisfactory performance bond, or take other action, including the appointment
of a receiver, that the court deems proper to protect the interests of the
prosecuting authority in collecting the money or forfeiture or an innocent party.
Subd. 4. Disposition of fine proceeds. The court shall apply fines
collected under this section to the costs and expenses of investigation and
prosecution, including costs of resources and personnel incurred in
investigation and prosecution and the balance, if any, as provided under
section 574.34.
Subd. 5. Restitution. In a settlement discussion or before the imposition
of a sentence under this section, the prosecuting authority shall vigorously
advocate full and complete restitution to an aggrieved person. Before the
acceptance of a plea or after a verdict but before the imposition of a sentence
under this section, the district court must ensure that full and complete
restitution has been duly effected or that a satisfactory explanation of why it is
impractical has been made to the court.

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609.905 CRIMINAL FORFEITURE.
Subdivision 1. Forfeiture. When a person is convicted of violating
section 609.903, the court may order the person to forfeit to the prosecuting
authority any real or personal property subject to forfeiture under this section.
Property subject to forfeiture is real and personal property that was used in the
course of, intended for use in the course of, derived from, or realized through
conduct in violation of section 609.903. A court may not order the forfeiture of
property that has been used to pay reasonable attorney fees in connection
with a criminal proceeding under section 609.903. The term includes property
constituting an interest in or means of control or influence over the enterprise
involved in the violation of section 609.902 and any property constituting
proceeds derived from the violation of section 609.902, including:
(1) a position, office, appointment, tenure, commission, or employment
contract that was acquired or maintained in violation of section 609.903 or
through which the person conducted or participated in the conduct of the
affairs of an enterprise in violation of section 609.903 or that afforded the
person a source of influence or control over the affairs of an enterprise that
the person exercised in violation of section 609.903;
(2) any compensation, right, or benefit derived from a position, office,
appointment, tenure, commission, or employment contract described in this
section that accrued to the person during the period of conduct in violation of
section 609.903;
(3) any interest in, security of, claim against, or property or contractual
right affording the person a source of influence or control over the affairs of an
enterprise that the person exercised in violation of section 609.903; and
(4) any amount payable or paid under any contract for goods or services
that was awarded or performed in violation of section 609.903.
Subd. 2. Other property of defendant. The district court may order
criminal forfeiture of any other property of the defendant up to the value of the
property that is unreachable if any property subject to criminal forfeiture under
subdivision 1:
(1) cannot be located;
(2) has been sold to a bona fide purchaser for value;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value by the conduct of the
defendant;
(5) has been commingled with other property that cannot be divided
without difficulty or undue injury to innocent persons; or
(6) is otherwise unreachable without undue injury to an innocent person.
Subd. 3. Reporting. The prosecuting authority shall report on forfeitures
occurring under this section as described in section 609.5315, subdivision 6.

609.907 PRESERVATION OF PROPERTY SUBJECT TO

FORFEITURE.
Subdivision 1. Temporary restraining order. (a) When an indictment
or complaint is filed under section 609.903, the district court may take any of
the following actions if the prosecuting authority shows by a preponderance of

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the evidence that the action is necessary to preserve the reachability of

property subject to criminal forfeiture:
(1) enter a restraining order or injunction;
(2) require the execution of a satisfactory performance bond; or
(3) take any other reasonable action, including the appointment of a
receiver.
(b) Before granting the remedies provided by this subdivision, the court
shall hold a hearing, after notice to all affected persons, giving them a
reasonable opportunity to respond. At the hearing, the rules of evidence do
not apply.
Subd. 2. Preindictment order. (a) If no indictment or complaint has been
filed, the district court may take actions provided in subdivision 1 if the
prosecuting authority makes the showing required by subdivision 1 and also
shows that:
(1) there is probable cause to believe that the property with respect to
which the order is sought would, in the event of a conviction, be subject to
criminal forfeiture under section 609.904; and
(2) the requested order would not result in substantial and irreparable
harm or injury to the party against whom the order is to be entered, or to other
affected persons, that outweighs the need to preserve the reachability of the
property.
(b) An order entered under this subdivision is effective for a maximum of
90 days unless:
(1) extended by the district court for good cause; or
(2) terminated by the filing of an indictment or complaint alleging that the
property is subject to forfeiture.
Subd. 3. Restraining order without notice. (a) On application by the
prosecuting authority, the district court may grant, without notice to any party,
a temporary restraining order to preserve the reachability of property subject
to criminal forfeiture under section 609.905 if:
(1) an indictment or complaint alleging that property is subject to criminal
forfeiture has been filed or the district court determines that there is probable
cause to believe that property with respect to which the order is sought would,
in the event of a conviction, be subject to criminal forfeiture under section
609.905;
(2) the property is in the possession or control of the party against whom
the order is to be entered; and
(3) the district court makes a specific finding in writing that the property
can be concealed, disposed of, or placed beyond the jurisdiction of the court
before any party may be heard in opposition.
(b) A temporary restraining order granted without notice to any party under
this subdivision expires within the time fixed by the court, not to exceed ten
days. The court may extend the order for good cause shown, or if the party
against whom it is entered consents to an extension. After a temporary
restraining order is granted under this subdivision, a hearing concerning the
entry of an order under this section shall be held at the earliest practicable
time and before the temporary order expires.

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609.908 DISPOSITION OF FORFEITURE PROCEEDS.
Subdivision 1. Disposition alternatives. After making due provisions
for the rights of innocent persons, the prosecuting authority shall, as soon as
feasible, dispose of all property ordered forfeited under section 609.905 by:
(1) public sale;
(2) transfer to a state governmental agency for official use;
(3) sale or transfer to an innocent person; or
(4) destruction, if the property is not needed for evidence in a pending
criminal or civil proceeding.
Subd. 2. No reversion to defendant. An interest in personal or real
property not exercisable by or transferable for value by the prosecuting
authority expires and does not revert to the defendant. Forfeited property may
not be purchased by the defendant, relative of the defendant, or any person
acting in concert with the defendant or on the defendant's behalf.
Subd. 3. Sale proceeds. The proceeds of a sale or other disposition of
forfeited property under this section whether by final judgment, settlement, or
otherwise, must be applied as follows:
(1) to the fees and costs of the forfeiture and sale including expenses of
seizure, maintenance, and custody of the property pending its disposition,
advertising, and court costs;
(2) to all costs and expenses of investigation and prosecution including
costs of resources and personnel incurred in investigation and prosecution;
and
(3) the balance to the appropriate agencies under section 609.5315,
subdivision 5.

609.909 ADDITIONAL RELIEF AVAILABLE.

With respect to property ordered forfeited, fine imposed, or civil penalty
imposed in a criminal proceeding under section 609.903 or civil proceeding
under section 609.911, the district court may, on petition of the prosecuting
authority or any other person within 60 days of a final order:
(1) authorize the compromise of claims;
(2) award compensation to persons providing information that results in
a forfeiture under section 609.905;
(3) grant petitions for mitigation or remission of forfeiture or fines;
(4) restore forfeited property or imposed fines to victims of a violation of
section 609.903; and
(5) take any other action to protect the rights of innocent persons that is
in the interest of justice and is consistent with the purposes of sections
609.901 to 609.912.

609.910 RELATION TO OTHER SANCTIONS.

Subdivision 1. Remedy not exclusive. Except as provided in this
section, a criminal penalty, forfeiture, or fine imposed under section 609.903,
609.904, 609.905, or 609.911 does not preclude the application of any other
criminal penalty or civil remedy for the separate criminal acts. A prosecuting
authority may not file a civil action under section 609.911 if any prosecuting
authority has filed a previous criminal proceeding under section 609.903

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against the same person based on the same criminal conduct and the charges
were dismissed after jeopardy attached or the person acquitted.
Subd. 2. Restitution. A restitution payment to a victim under section
609.904 does not limit the liability for damages in a civil action or proceeding
for an amount greater than the restitution payment.

609.911 CIVIL REMEDIES.

Subdivision 1. Relief available. The prosecuting authority may institute
civil proceedings in district court against a person seeking relief from conduct
constituting a violation of section 609.903 or to prevent or restrain future
violations. If the prosecuting authority proves the alleged violation by a
preponderance of the evidence, and the court has made due provision for the
rights of innocent persons, the court may:
(1) order a defendant to divest an interest in an enterprise or in real
property;
(2) impose reasonable restrictions on the future activities or investments
of a defendant, including prohibiting a defendant from engaging in the same
type of endeavor as the enterprise in which the defendant was engaged in
violation of section 609.903;
(3) order the dissolution or reorganization of an enterprise;
(4) order the suspension or revocation of a license, permit, or prior
approval granted to an enterprise by a state agency; or
(5) order the surrender of the charter of a corporation organized under
Minnesota law, dissolution of an enterprise, or the revocation of a certificate
authorizing a foreign corporation to conduct business in Minnesota, if the court
finds that:
(i) the board of directors or a managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, authorized or engaged
in conduct prohibited by section 609.903; and
(ii) the public interest in preventing future criminal conduct requires the
action.
Subd. 2. Injunctive relief. In a proceeding under this section, the court
may grant injunctive relief.
Subd. 3. Civil penalty. The prosecuting authority may institute
proceedings against an enterprise or an individual to recover a civil penalty.
The penalty may be imposed in the discretion of the district court for conduct
constituting a violation of section 609.903. The civil penalty may not exceed
$1,000,000 less a fine imposed under section 609.903. Penalties collected
under this section must be applied to the costs and expenses of investigation
and prosecution, including costs of resources and personnel incurred in
investigation and prosecution, and the balance, if any, to the state general
fund.
Subd. 4. Attorney fees. If the district court issues an injunction, or grants
other relief under this section, or the prosecuting authority otherwise
substantially prevails, the prosecuting authority shall also recover reasonable
attorney fees in the trial and appellate courts and costs of investigation and
litigation reasonably incurred.
Subd. 5. Personal jurisdiction. Personal service of process in a
proceeding under this section may be made on any person outside of
Minnesota if the person was a principal in any conduct constituting a violation

307
of section 609.903 in this state. The person is deemed to have submitted to
the jurisdiction of the courts of this state for the purposes of this section.

609.912 NOTICE TO OTHER PROSECUTING AUTHORITIES.

When a county attorney begins an investigation involving sections
609.901 to 609.911, the county attorney shall notify the attorney general.
When the attorney general begins an investigation involving sections 609.901
to 609.911, the attorney general shall notify the county attorney of each county
in which a substantial part of the investigation is likely to be conducted.

CHAPTER 609A EXPUNGEMENT

609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.

This chapter provides the ground and procedures for expungement of
criminal records under section 13.82; 152.18, subdivision 1; 299C.11, where
a petition is authorized under section 609A.02 subdivision 3; or other
applicable law. The remedy available is limited to a court order sealing the
records and prohibiting the disclosure of their existence or their opening
except under court order or statutory authority. Nothing in this chapter
authorizes the destruction of records or their return to the subject of the
records.

609A.02 GROUNDS FOR ORDER.

Subdivision 1. Certain controlled substance offenses. Upon the
dismissal and discharge of proceedings against a person under section
152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for
possession of a controlled substance, the person may petition under section
609A.03 for the sealing of all records relating to the arrest, indictment or
information, trial, and dismissal and discharge.
Subd. 2. Juveniles prosecuted as adults. A petition for the sealing of a
conviction record may be filed under section 609A.03 by a person who has
been committed to the custody of the commissioner of corrections upon
conviction of a crime following certification to district court under section
260B.125, if the person:
(1) is finally discharged by the commissioner; or
(2) has been placed on probation by the court under section 609.135 and
has been discharged from probation after satisfactory fulfillment of it.
Subd. 3 Certain criminal proceedings. (a) A petition may be filed
under section 609A.03 to seal all records relating to an arrest, indictment or
information, trial, or verdict if the records are not subject to section 299C.11,
subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the
petitioner. For purposes of this chapter, a verdict of not guilty by reason
of mental illness is not a resolution in favor of the petitioner. For the
purposes of this chapter, an action or proceeding is resolved in favor of
the petitioner, if the petitioner received an order under section 590.11
determining that the petitioner is eligible for compensation based on
exoneration;

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(2) the petitioner has successfully completed the terms of a diversion

program or stay of adjudication and has not been charged with a new
crime for at least one year since completion of the diversion program or
stay of adjudication;
(3) the petitioner was convicted of or received a stayed sentence for a
petty misdemeanor or misdemeanor and has not been convicted of a new
crime for at least two years since discharge of the sentence for the crime;
(4) the petitioner was convicted of or received a stayed sentence for a
gross misdemeanor and has not been convicted of a new crime for at least
four years since discharge of the sentence for the crime; or
(5) the petitioner was convicted of or received a stayed sentence for a
felony violation of an offense listed in paragraph (b), and has not been
convicted of a new crime for at least five years since discharge of the
sentence for the crime.
(b) Paragraph (a), clause (5), applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section 152.025 (controlled substance in the fifth degree); or 152.097
(sale of simulated controlled substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or
169.09, subdivision 14, paragraph (a), clause (2) (accident resulting in
great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.984 (false declaration in assistance application);
(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled
substances);
(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts
involving liquor);
(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision
7 (prize notices and solicitations);
(13) section 346.155, subdivision 10 (failure to control regulated animal);
(14) section 349.2127; or 349.22 (gambling regulations);
(15) section 588.20 (contempt);
(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
(17) section 609.31 (leaving state to evade establishment of paternity);
(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4)
(escape from civil commitment for mental illness);
(19) section 609.49 (failure to appear in court);
(20) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less),
or other theft offense that is sentenced under this provision; or 609.52,
subdivision 3a, clause (1) (theft of $1,000 or less with risk of bodily harm);
(21) section 609.525 (bringing stolen goods into state);
(22) section 609.526, subdivision 2, clause (2) (metal dealer receiving
stolen goods);
(23) section 609.527, subdivision 5b (possession or use of scanning
device or reencoder); 609.528, subdivision 3, clause (3) (possession or
sale of stolen or counterfeit check); or 609.529 (mail theft);

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 (24) section 609.53 (receiving stolen goods);
(25) section 609.535, subdivision 2a, paragraph (a), clause (1)
(dishonored check over $500);
(26) section 609.54, clause (1) (embezzlement of public funds $2,500 or
less);
(27) section 609.551 (rustling and livestock theft);
(28) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
(29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
(30) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a,
paragraph (a) (criminal damage to property);
(31) section 609.597, subdivision 3, clause (3) (assaulting or harming
police horse);
(32) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631,
subdivision 4, clause (3)(a) (check forgery $2,500 or less); 609.635
(obtaining signature by false pretense); 609.64 (recording, filing forged
instrument); or 609.645 (fraudulent statements);
(33) section 609.65, clause (1) (false certification by notary); or 609.651,
subdivision 4, paragraph (a) (lottery fraud);
(34) section 609.652 (fraudulent driver's license and identification card);
(35) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm;
silencer); or 609.66, subdivision 1b (furnishing firearm to minor);
(36) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
(37) section 609.686, subdivision 2 (tampering with fire alarm);
(38) section 609.746, subdivision 1, paragraph (e) (interference with
privacy; subsequent violation or minor victim);
(39) section 609.80, subdivision 2 (interference with cable
communications system);
(40) section 609.821, subdivision 2 (financial transaction card fraud);
(41) section 609.822 (residential mortgage fraud);
(42) section 609.825, subdivision 2 (bribery of participant or official in
contest);
(43) section 609.855, subdivision 2, paragraph (c), clause (1)
(interference with transit operator);
(44) section 609.88 (computer damage); or 609.89 (computer theft);
(45) section 609.893, subdivision 2 (telecommunications and information
services fraud);
(46) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
(47) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited
intellectual property);
(48) section 609.896 (movie pirating);
(49) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to
minor); 624.714, subdivision 1a (pistol without permit; subsequent
violation); or 624.7141, subdivision 2 (transfer of pistol to ineligible
person); or
(50) section 624.7181 (rifle or shotgun in public by minor).
Subd. 4 Expungement prohibited. Records of a conviction of an
offense for which registration is required under section 243.166 may not be
expunged.

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609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH

PROSECUTOR AGREEMENT AND NOTIFICATION.
(a) If the prosecutor agrees to the sealing of a criminal record, the court
shall seal the criminal record for a person described in section 609A.02,
subdivision 3, without the filing of a petition unless it determines that the
interests of the public and public safety in keeping the record public outweigh
the disadvantages to the subject of the record in not sealing it.
(b) Before agreeing to the sealing of a record under this section, the
prosecutor shall make a good faith effort to notify any identifiable victims of the
offense of the intended agreement and the opportunity to object to the
agreement.
(c) Subject to paragraph (b), the agreement of the prosecutor to the
sealing of records for a person described in section 609A.02, subdivision 3,
paragraph (a), clause (2), may occur before or after the criminal charges are
dismissed.

609A.03 PETITION TO EXPUNGE CRIMINAL RECORDS.

Subdivision 1. Petition; filing fee. An individual who is the subject of a
criminal record who is seeking the expungement of the record shall file a
petition under this section and pay a filing fee in the amount required under
section 357.021, subdivision 2, clause (1). The filing fee may be waived in
cases of indigency and shall be waived in the cases described in section
609A.02, subdivision 3, paragraph (a), clause (1).
Subd. 2 Contents of petitions. (a) A petition for expungement shall be
signed under oath by the petitioner and shall state the following:
(1) the petitioner’s full name and all other legal names or aliases by
which the petition has been known at any time;
(2) the petitioner’s date of birth;
(3) all the petition’s addresses from the date of the offense or alleged
offense in connection with which an expungement order is sought, to the date
of the petition;
(4) why expungement is sought, if it is for employment or licensure
purposes, the statutory or other legal authority under which it is sought, and
why it should be granted;
(5) the details of the offense or arrest for which expungement is
sought, including the date and the jurisdiction of the occurrence, either the
names of any victims or that there were not identifiable victims, whether there
is a current order for protection, restraining order, or other no contact order
prohibiting the petitioner or restraining order prohibiting the petitioner from
contacting the victims, the court file number, and the date of conviction or of
dismissal;
(6) in the case of conviction, what steps the petitioner has taken
since the time of the offense toward personal rehabilitation, including
treatment, work, or other personal history that demonstrates rehabilitation;
(7) petitioner’s criminal charges record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all
comparable convictions in any other state, federal court, or foreign country,
whether the convictions occurred before or after the arrest or conviction for
which expungement is sought;

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 (8) petitioner’s criminal charges record indicating all prior and
pending criminal charges against the petitioner in this state or another
jurisdiction, including all criminal charges that have been continued for
dismissal or stayed for adjudication, or have been the subject of pretrial
diversion; and
(9) all prior requests by the petitioner, whether for the present
offense or for any other offenses, in this state or any other state or federal
court, for pardon, return of arrest records, or expungement or sealing of
criminal record, whether granted or not, and all stays of adjudication or
imposition of sentence involving the petitioner;
(b) If there is a current order for protection, restraining order, or other
no contact order prohibiting the petitioner from contacting the victims or there
has ever been a prior order for protection or restraining order prohibiting the
petitioner from contacting the victims, the petitioner shall attach a copy of the
order to the petition.
Subd. 3 Service of petition and proposed order. (a) The petitioner
shall serve by mail the petition for expungement and a proposed expungement
order on the prosecutorial office that had jurisdiction over the offense for which
expungement is sought and all other state and local government agencies and
jurisdictions whose records would be affected by the proposed order. The
petitioner shall also serve by mail the attorney for each agency and jurisdiction.
(b) The prosecutorial office that had jurisdiction over the offense for
which expungement is sought shall serve by mail the petition for expungement
and a proposed expungement order on any victims of the offense for which
expungement is sought who have requested notice of expungement pursuant
to section 611A.06. Service under this paragraph does not constitute a
violation of an existing order for protection restraining order, or other no
contact order.
(c) The prosecutorial office’s notice to victims of the offense under this
subdivision must specifically inform the victim of the victims’ right to be present
and to submit an oral or written statement at the expungement hearing
described in subdivision 4.
(d) An agency or jurisdiction that is served with a petition under this
subdivision may submit to the court private or confidential data on the
petitioner that the agency or jurisdiction determines is necessary to respond
to the petition. As part of the submission, the agency or jurisdiction shall inform
the court and the petitioner that the submission contains private or confidential
data that may become accessible to the public as part of the expungement
proceeding. The petitioner may, at the time of filing the petition or after that
time, file a request with the court to seal the private or confidential data that
are submitted by the agency or jurisdiction.
Subd. 4 Hearing. A hearing on the petition shall be held no sooner than
60 days after service of the petition. A victim of the offense for which
expungement is sought has a right to submit an oral or written statement to
the court at the time of the hearing describing the harm suffered by the victim
as a result of the crime and the victim’s recommendation on whether
expungement should be granted or denied. The judge shall consider the
victim’s statement when making a decision.
Subd. 5. Nature of remedy. Standard. (a) Except as otherwise provided
by paragraph (b) expungement of a criminal record is an extraordinary remedy

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to be granted only upon clear and convincing evidence that it would yield a
benefit to the petitioner commensurate with the disadvantages to the public
and public safety of;
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and
monitor an expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is
petitioning for the sealing of a criminal record under section 609A.02,
subdivision 3, paragraph (a), clause (1) or (2), the court shall grant the petition
to seal the record unless the agency or jurisdiction whose records would be
affected establishes by clear and convincing evidence that the interests of the
public and public safety outweigh the disadvantages to the petitioner of not
sealing the record.
(c) In making a determination under this subdivision, the court shall
consider:
(1) the nature and severity of the underlying crime, the record of which
would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the
crime;
(5) aggravating or mitigating factors relating to the underlying crime,
including the petitioner's level of participation and context and circumstances
of the underlying crime;
(6) the reasons for the expungement, including the petitioner’s
attempts to obtain employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community
involvement;
(9) the recommendations of interested law enforcement,
prosecutorial, and corrections officials;
(10) the recommendations of victims or whether victims of the
underlying crime were minors;
(11) the amount, if any, of restitution outstanding, past efforts made
by the petitioner toward payment, and the measures in place to help ensure
completion of restitution payment after expungement of the record if granted;
and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the
contrary, if the court issues an expungement order it may require that the
criminal record be sealed, the existence of the record not be revealed, and the
record not be opened except as required under subdivision 7. Records must
not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee,
former employee, or tenant that has been expunged before the occurrence of
the act giving rise to the civil action may not be introduced as evidence in a
civil action against a private employer or landlord or its employees or agents
that is based on the conduct of the employee, former employee, or tenant.
underline end

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 If the court issues an expungement order it may require that the criminal
record be sealed, the existence of the record not be revealed, and the record
not be opened except as required under subdivision 7. Records must not be
destroyed or returned to the subject of the record.
Subd. 5a. Order concerning crimes of violence; firearms restriction.
An order expunging the record of a conviction for a crime of violence as
defined in section 624.712, subdivision 5, must provide that the person is not
entitled to ship, transport, possess, or receive a firearm for the remainder of
the person’s lifetime. Any person whose record of conviction is expunged
under this section and who thereafter received a relief of disability under
United States Code, title 18, section 925, or whose ability to possess firearms
has been restored under section 609.165, subdivision 1d, is not subject to the
restriction in this subdivision.
Subd. 6. Order concerning controlled substance offenses. If the court
orders sealing of the record of proceedings under section 152.18, the effect of
the order shall be to restore the person, in the contemplation of the law, to the
status the person occupied before the arrest, indictment, or information. The
person shall not be held guilty of perjury or otherwise giving a false statement
if the person fails to acknowledge the arrest, indictment, information, or trial in
response to any inquiry made for any purpose.
Subd. 6a Order when context and circumstances of the underlying
crime indicate a nexus between the criminal record to be expunged and
person’s status as a crime victim. If the court finds, under section 609A.03,
subdivision 5, paragraph (c), clause (5) that the context and circumstances of
the underlying crime indicate a nexus between the criminal record to be
expunged and the person's status as a crime victim, then the effect of the court
order to seal the record of the proceedings shall be to restore the person, in
the contemplation of the law, to the status the person occupied before the
arrest, indictment, or information. The person shall not be guilty of perjury or
otherwise of giving a false statement if the person fails to acknowledge the
arrest, indictment, information, or trial in response to any inquiry made for any
purpose. The court may request a sworn statement from a staff member of a
state-funded victim services organization or a licensed health care provider as
evidence to support a determination under subdivision 5.
Subd. 7. Limitations of order effective before January 1, 2015. (a)
Upon issuance of an expungement order related to a charge supported by
probable cause, the DNA samples and DNA records held by the Bureau of
Criminal Apprehension and collected under authority other than section
299C.105, shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a criminal
investigation, prosecution, or sentencing, upon an ex parte court order;
(2) an expungement record of a conviction may be opened for purposes
of evaluating a prospective employee in a criminal justice agency without a
court order; and
(3) an expunged record of a conviction may be opened for purposes of a
background study under section 245C.08 unless the court order for
expungement is directed specifically to the commissioner of human services.

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Upon request by law enforcement, prosecution, or corrections authorities,

an agency or jurisdiction subject to an expungement order shall inform the
requester of the existence of a sealed record and of the right to obtain access
to it as provided by this paragraph. For purposes of this section, a “criminal
justice agency” means courts or a government agency that performs the
administration of criminal justice under statutory authority.
(c) This subdivision applies to expungement orders subject to its
limitations and effective before January 1, 2015.
Subd. 7a Limitations of order effective January 1, 2015 and later.
(a) Upon issuance of an expungement order related to a charge supported by
probable cause, the DNA samples and DNA records held by the Bureau of
Criminal Apprehension and collected under authority other than section
299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened,
used, or exchanged between criminal justice agencies without a court order
for the purposes of initiating, furthering, or completing a criminal investigation
or prosecution or for sentencing purposes or providing probation or other
correctional services;
(2) when a criminal justice agency seeks access to a record that was
sealed under section 609A.02, subdivision 3, paragraph (a), clause (1), after
an acquittal or a court order dismissing for lack of probable cause, for
purposes of a criminal investigation, prosecution, or sentencing, the
requesting agency must obtain an ex parte court order after stating a good-
faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of
evaluating a prospective employee in a criminal justice agency without a court
order;
(4) an expunged record of a conviction may be opened for purposes of a
background study under section 245C.08 unless the commissioner had been
properly served with notice of the petition for expungement and the court order
for expungement is directed specifically to the commissioner of human
services;
(5) an expunged record of a conviction may be opened for purposes of a
background check required under section 122A.18, subdivision 8, unless the
court order for expungement is directed specifically to the Professional
Educator Licensing and Standards Board; and
(6) the court may order an expunged record opened upon request by the
victim of the underlying offense if the court determines that the record is
substantially related to a matter for which the victim is before the court.
(c) An agency or jurisdiction subject to an expungement order shall
maintain the record in a manner that provides access to the record by a
criminal justice agency under paragraph (b), clause (1) or (2), but notifies the
recipient that the record has been sealed. The Bureau of Criminal
Apprehension shall notify the commissioner of human services, Professional
Educator Licensing and Standards Board of the existence of a sealed record
and of the right to obtain access under paragraph (b), clause (4) or (5). Upon
request, the agency or jurisdiction subject to the expungement order shall
provide access to the record to the commissioner of human services or the

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Professional Educator Licensing and Standards Board, under paragraph (b),
clause (4) or (5).
(d) An expunged record that is opened or exchanged under this
subdivision remains subject to the expungement order in the hands of the
person receiving the record.
(e) A criminal justice agency that receives an expunged record under
paragraph (b), clause (1) or (2), must maintain and store the record in a
manner that restricts the use of the record to the investigation, prosecution, or
sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court
or government agency that performs the administration of criminal justice
under statutory authority.
(g) This subdivision applies to expungement orders subject to its
limitations and effective on or after January 1, 2015.
Subd. 8. Distribution and confirmation of expungement orders. (a)
The court administrator shall send a copy of an expungement order to each
agency and jurisdiction whose records are affected by the terms of the order
and send a letter to the petitioner identifying each agency that received the
order.
b) If requested in the petition, each agency and jurisdiction receiving the
order must send a letter to the petitioner at an address provided in the petition
confirming the receipt of the expungement order and that the record has been
expunged.
(c) Data on the petitioner in a letter sent under this subdivision are private
data on individuals as defined in section 13.02.
Subd. 9 Stay of order; appeal. An expungement order shall be stayed
automatically for 60 days after the order is filed and, if the order is appealed,
during the appeal period. A person or agency or jurisdiction whose records
would be affected by the order may appeal the order within 60 days of service
of notice of filing of the order. An agency or jurisdiction or its officials or
employees need not file a cost bond or supersedes bond in order to further
stay the proceedings or file an appeal.

609A.04 REMEDY
An individual whose record is expunged under this chapter or other law
may bring an action under section 13.08 against a government entity that
knowingly opens or exchanges the expunged record in a manner not
authorized by law.

CHAPTER 84 DEPARTMENT OF NATURAL RESOURCES

84.774 OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.

(a) Except as provided in paragraph (b), a person who violates a
provision of sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804;
84.90; or 84.922 to 84.928 or rules of the commissioner relating to off-highway
vehicle use is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor if the person violates
section 84.773, subdivision 2, clause (2), and the person recklessly upsets the
natural and ecological balance of a wetland or public waters wetland.

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(c) A person is prohibited from operating an off-highway vehicle for a

period of one year if the person is:
(1) convicted of a gross misdemeanor under paragraph (b);
(2) convicted of or subject to a final order under section 84.775 for a
violation of the prohibition on the intentional operation on unfrozen public
water, in a state park, in a scientific and natural area, or in a wildlife
management area under section 84.773, subdivision 1, clause (3);
(3) convicted of or is subject to a final order under section 84.775 for a
violation of the prohibition on the willful, wanton, or reckless disregard for the
safety of persons or property under section 84.773, subdivision 2, clause (1);
or
(4) convicted of or subject to a final order under section 84.775 for a
violation of the prohibition on carelessly upsetting the natural and ecological
balance of a wetland or public waters wetland under section 84.773,
subdivision 2, clause (2).The commissioner shall notify the person of the time
period during which the person is prohibited from operating an off-highway
vehicle.

84.7741 OFF-HIGHWAY VEHICLE FORFEITURE.

Subdivision 1. Definitions. (a) As used in this section, the following terms
have the meanings given them.
(b) "Appropriate agency" means a law enforcement agency that has the
authority to make an arrest for a violation of a designated offense.
(c) "Claimant" means an owner of an off-highway vehicle or a person
claiming a leasehold or security interest in an off-highway vehicle.
(d) "Designated offense" means a second gross misdemeanor violation
under section 84.774, paragraph (b).
(e) "Family or household member" means:
(1) a parent, stepparent, or guardian;
(2) any of the following persons related by blood, marriage, or adoption:
brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece,
grandparent, great-grandparent, great-uncle, or great-aunt; or
(3) persons residing together or persons who regularly associate and
communicate with one another outside of a workplace setting.
(f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle
that is stolen or taken in violation of the law.
(g) "Owner" means a person legally entitled to possession, use, and control
of an off-highway vehicle, including a lessee of an off-highway vehicle if the
lease agreement has a term of 180 days or more. There is a rebuttable
presumption that a person registered as the owner of an off-highway vehicle
according to the records of the Department of Public Safety or the Department
of Natural Resources is the legal owner. For purposes of this section, if an off-
highway vehicle is owned jointly by two or more people, each owner's interest
extends to the whole of the vehicle and is not subject to apportionment.
(h) "Prosecuting authority" means the attorney in the jurisdiction in which
the designated offense occurred, or a designee, who is responsible for
prosecuting violations of a designated offense. If a state agency initiated the
forfeiture and the attorney responsible for prosecuting the designated offense
declines to pursue forfeiture, the attorney general's office, or its designee, may
initiate forfeiture under this section.

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 (i) "Security interest" means a bona fide security interest perfected
according to section 168A.17, subdivision 2, based on a loan or other financing
that, if an off-highway vehicle is required to be registered under chapter 168,
is listed on the vehicle's title.
Subd. 2. Seizure. (a) An off-highway vehicle subject to forfeiture under this
section may be seized by the appropriate agency upon process issued by any
court having jurisdiction over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the vehicle subject to seizure has been the subject of a prior judgment
in favor of the state in a criminal injunction or forfeiture proceeding under this
section; or
(3) the appropriate agency has probable cause to believe that the delay
occasioned by the necessity to obtain process would result in the removal or
destruction of the vehicle. If property is seized without process under this
clause, the prosecuting authority must institute a forfeiture action under this
section as soon as is reasonably possible by serving a notice of seizure and
intent to forfeit at the address of the owner as listed in the records of the
Department of Public Safety or Department of Natural Resources.
(c) When an off-highway vehicle is seized, the officer must provide a receipt
to the person found in possession of the vehicle; or in the absence of any
person, the officer must leave a receipt in the place where the vehicle was
found, if reasonably possible.
Subd. 3. Right to possession vests immediately; custody. All right, title,
and interest in an off-highway vehicle subject to forfeiture under this section
vests in the appropriate agency upon commission of the conduct resulting in
the designated offense giving rise to the forfeiture. Any vehicle seized under
this section is not subject to replevin, but is deemed to be in the custody of the
appropriate agency subject to the orders and decrees of the court having
jurisdiction over the forfeiture proceedings. When an off-highway vehicle is
seized under this section, the appropriate agency shall use reasonable
diligence to secure the property and prevent waste and may do any of the
following:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by the agency; and
(3) place a disabling device on the vehicle.
Subd. 4. Bond by owner for possession. If the owner of an off-highway
vehicle that has been seized under this section seeks possession of the
vehicle before the forfeiture action is determined, the owner may give security
or post bond payable to the appropriate agency in an amount equal to the
retail value of the seized vehicle. On posting the security or bond, the seized
vehicle may be returned to the owner. The forfeiture action must proceed
against the security as if it were the seized vehicle. This subdivision does not
apply to a vehicle being held for investigatory purposes.
Subd. 5. Evidence. Certified copies of court records and off-highway
vehicle and driver's records concerning prior incidents are admissible as
substantive evidence where necessary to prove the commission of a
designated offense.
Subd. 5a. Petition for remission or mitigation. Prior to the entry of a
court order disposing with the forfeiture action, any person who has an interest

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in forfeited property may file with the prosecuting authority a petition for
remission or mitigation of the forfeiture. The prosecuting authority may remit
or mitigate the forfeiture upon terms and conditions the prosecuting authority
deems reasonable if the prosecuting authority finds that (1) the forfeiture was
incurred without willful negligence or without any intention on the part of the
petitioner to violate the law, or (2) extenuating circumstances justify the
remission or mitigation of the forfeiture.
Subd. 6. Vehicle subject to forfeiture. An off-highway vehicle is subject
to forfeiture under this section if it was used in the commission of a designated
offense.
Subd. 7. Presumptions; limitations on vehicle forfeiture. (a) An off-
highway vehicle is presumed subject to forfeiture under this section if the
driver:
(1) is convicted of the designated offense upon which the forfeiture is
based; or
(2) fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours
after the time required for appearance.
(b) An off-highway vehicle encumbered by a security interest perfected
according to section 168A.17, subdivision 2, or subject to a lease that has a
term of 180 days or more, is subject to the interest of the secured party or
lessor unless the party or lessor had knowledge of or consented to the act
upon which the forfeiture is based. However, when the proceeds of the sale of
a seized vehicle do not equal or exceed the outstanding loan balance, the
appropriate agency shall remit all proceeds of the sale to the secured party
after deducting the agency's costs for the seizure, tow, storage, forfeiture, and
sale of the vehicle. If the sale of the vehicle is conducted in a commercially
reasonable manner consistent with section 336.9-610, the agency is not liable
to the secured party for any amount owed on the loan in excess of the sale
proceeds. The validity and amount of a nonperfected security interest must be
established by its holder by clear and convincing evidence.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest
in an off-highway vehicle is not subject to forfeiture based solely on the
secured party's or lessor's knowledge of the act or omission upon which the
forfeiture is based if the secured party or lessor demonstrates by clear and
convincing evidence that the party or lessor took reasonable steps to terminate
use of the vehicle by the offender.
(d) An off-highway vehicle is not subject to forfeiture under this section if its
owner can demonstrate by clear and convincing evidence that the owner did
not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the owner took reasonable
steps to prevent use of the vehicle by the offender. If the offender is a family
or household member of the owner and has three or more prior off-highway
vehicle convictions, the owner is presumed to know of any vehicle use by the
offender that is contrary to law.
Subd. 8. Administrative forfeiture procedure. (a) An off-highway vehicle
used to commit a designated offense is subject to administrative forfeiture
under this subdivision.
(b) Within 60 days from when an off-highway vehicle is seized under
subdivision 2, or within a reasonable time after seizure, the appropriate agency

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shall serve the driver or operator of the vehicle with a notice of the seizure and
intent to forfeit the vehicle. Additionally, when an off-highway vehicle is seized
under subdivision 2, or within a reasonable time after that, all persons known
to have an ownership, possessory, or security interest in the vehicle must be
notified of the seizure and the intent to forfeit the vehicle. For those vehicles
required to be registered under chapter 168, the notification to a person known
to have a security interest in the vehicle is required only if the vehicle is
registered under chapter 168 and the interest is listed on the vehicle's title.
Upon motion by the appropriate agency or prosecuting authority, a court may
extend the time period for sending notice for a period not to exceed 90 days
for good cause shown. Notice mailed by certified mail to the address shown in
Department of Public Safety records is sufficient notice to the registered owner
of the vehicle. For off-highway vehicles not required to be registered under
chapter 168, notice mailed by certified mail to the address shown in the
applicable filing or registration for the vehicle is sufficient notice to a person
known to have an ownership, possessory, or security interest in the vehicle.
Otherwise, notice may be given in the manner provided by law for service of
a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of the seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the
procedure for obtaining that judicial review, printed in English. This
requirement does not preclude the appropriate agency from printing the notice
in other languages in addition to English.
Substantially, the following language must appear conspicuously in the
notice: “WARNING: You will automatically lose the above-described property
and the right to be heard in court if you do not file a lawsuit and serve the
prosecuting authority within 60 days. You may file your lawsuit in conciliation
court if the property is worth $15,000 or less; otherwise, you must file in district
court. You may not have to pay a filing fee for your lawsuit if you are unable to
afford the fee. You do not have to pay a conciliation court fee if your property
is worth less than $500.”
(d) If notice is not sent in accordance with paragraph (b), and no time
extension is granted or the extension period has expired, the appropriate
agency shall return the property to the person from whom the property was
seized, if known. An agency’s return of property due to lack of proper notice
does not restrict the agency’s authority to commence a forfeiture proceeding
at a later time. The agency shall not be required to return contraband or other
property that the person from whom the property was seized may not legally
possess.
(e) Within 60 days following service of a notice of seizure and forfeiture
under this subdivision, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which
the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority having jurisdiction over the forfeiture and the
standard filing fee for civil actions unless the petitioner has the right to sue in
forma pauperis under section 563.01. The claimant may serve the complaint
on the prosecuting authority by any means permitted by court rules. If the

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value of the seized property is $15,000 or less, the claimant may file an action
in conciliation court for recovery of the seized vehicle. A copy of the
conciliation court statement of claim must be served personally or by mail on
the prosecuting authority having jurisdiction over the forfeiture within 60 days
following service of the notice of seizure and forfeiture under this subdivision.
If the value of the seized property is less than $500, the claimant does not
have to pay the conciliation court filing fee. No responsive pleading is required
of the prosecuting authority and no court fees may be charged for the
prosecuting authority's appearance in the matter. Pleadings, filings, and
methods of service are governed by the Rules of Civil Procedure.
(f) The complaint must be captioned in the name of the claimant as plaintiff
and the seized vehicle as defendant and must state with specificity the
grounds on which the claimant alleges the vehicle was improperly seized, the
claimant's interest in the vehicle seized, and any affirmative defenses the
claimant may have. Notwithstanding any law to the contrary, an action for the
return of an off-highway vehicle seized under this section may not be
maintained by or on behalf of any person who has been served with a notice
of seizure and forfeiture unless the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under
this subdivision, the forfeiture proceedings must be conducted according to
subdivision 9.
Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs
judicial determinations of the forfeiture of an off-highway vehicle used to
commit a designated offense. An action for forfeiture is a civil in rem action
and is independent of any criminal prosecution. All proceedings are governed
by the Rules of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the
forfeiture, file a separate complaint against the vehicle, describing it, specifying
that it was used in the commission of a designated offense, and specifying the
time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served
demand for judicial determination, including an affirmative counterclaim for
forfeiture. The prosecuting authority is not required to file an answer.
(d) A judicial determination under this subdivision must be held at the
earliest practicable date, and in any event no later than 180 days following the
filing of the demand by the claimant. If a related criminal proceeding is
pending, the hearing shall not be held until the conclusion of the criminal
proceedings. The district court administrator shall schedule the hearing as
soon as practicable after the conclusion of the criminal prosecution. The
district court administrator shall establish procedures to ensure efficient
compliance with this subdivision. The hearing is to the court without a jury.
(e) There is a presumption that an off-highway vehicle seized under this
section is subject to forfeiture if the prosecuting authority establishes that the
vehicle was used in the commission of a designated offense. A claimant bears
the burden of proving any affirmative defense raised.
(f) If the forfeiture is based on the commission of a designated offense and
the person charged with the designated offense appears in court as required
and is not convicted of the offense, the court shall order the property returned
to the person legally entitled to it upon that person's compliance with the

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redemption requirements of subdivision 12.
(g) If the lawful ownership of the vehicle used in the commission of a
designated offense can be determined and the owner makes the
demonstration required under subdivision 7, paragraph (d), the vehicle must
be returned immediately upon the owner's compliance with the redemption
requirements of subdivision 12.
(h) If the court orders the return of a seized vehicle under this subdivision,
it must order that filing fees be reimbursed to the person who filed the demand
for judicial determination. In addition, the court may order sanctions under
section 549.211. Any reimbursement fees or sanctions must be paid from
other forfeiture proceeds of the law enforcement agency and prosecuting
authority involved and in the same proportion as distributed under subdivision
10, paragraph (b).
Subd. 10. Disposition of forfeited vehicle. (a) If the vehicle is
administratively forfeited under subdivision 8, or if the court finds under
subdivision 9 that the vehicle is subject to forfeiture under subdivisions 6 and
7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited off-
highway vehicle for official use, the agency shall make reasonable efforts to
ensure that the off-highway vehicle is available for use by the agency's officers
who participate in off-highway vehicle enforcement or education programs.
(b) The proceeds from the sale of forfeited vehicles, after payment of
seizure,
towing, storage, forfeiture, and sale expenses and satisfaction of valid liens
against the property, must be distributed as follows:
(1) 70 percent of the proceeds must be forwarded to the appropriate agency
for deposit as a supplement to the state or local agency's operating fund or
similar fund for use in purchasing equipment for off-highway vehicle
enforcement, training, and education; and
(2) 30 percent of the money or proceeds must be forwarded to the
prosecuting authority that handled the forfeiture for deposit as a supplement
to its operating fund or similar fund for prosecutorial purposes.
(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not
sell the vehicle to: (1) an officer or employee of the agency that seized the
property or to a person related to the officer or employee by blood or marriage;
or (2) the prosecuting authority or any individual working in the same office or
a person related to the authority or individual by blood or marriage.
(d) Sales of forfeited vehicles under this section must be conducted in a
commercially reasonable manner.
(e) If a vehicle is forfeited administratively under this section and no
demand for judicial determination is made, the appropriate agency shall
provide the prosecuting authority with a copy of the forfeiture or evidence
receipt, the notice of seizure and intent to forfeit, a statement of probable
cause for forfeiture of the property, and a description of the property and its
estimated value. Upon review and certification by the prosecuting authority
that (1) the appropriate agency provided a receipt in accordance with
subdivision 2, paragraph (c), (2) the appropriate agency served notice in
accordance with subdivision 8, and (3) probably cause for forfeiture exists
based on the officer’s statement, the appropriate agency may dispose of the

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property in any of the ways listed in this subdivision.

Subd. 11. Sale of forfeited vehicle by secured party. (a) A financial
institution with a valid security interest in or a valid lease covering a forfeited
off-highway vehicle may choose to dispose of the vehicle under this
subdivision, in lieu of the appropriate agency disposing of the vehicle under
subdivision 10. A financial institution wishing to dispose of an off-highway
vehicle under this subdivision shall notify the appropriate agency of its intent,
in writing, within 30 days after receiving notice of the seizure and forfeiture.
The appropriate agency shall release the vehicle to the financial institution or
its agent after the financial institution presents proof of its valid security
agreement or of its lease agreement and the financial institution agrees not to
sell the vehicle to a family or household member of the violator, unless the
violator is not convicted of the offense on which the forfeiture is based. The
financial institution shall dispose of the vehicle in a commercially reasonable
manner as defined in section 336.9-610.
(b) After disposing of the forfeited vehicle, the financial institution shall
reimburse the appropriate agency for its seizure, storage, and forfeiture costs.
The financial institution may then apply the proceeds of the sale to its storage
costs, to its sale expenses, and to satisfy the lien or the lease on the vehicle.
If any proceeds remain, the financial institution shall forward the proceeds to
the state treasury, which shall credit the appropriate fund as specified in
subdivision 10.
Subd. 12. Redemption requirements. (a) If an off-highway vehicle is
seized by a peace officer for a designated offense, the seized vehicle must be
released only:
(1) to the registered owner, a person authorized by the registered owner, a
lienholder of record, or a person who has purchased the vehicle from the
registered owner who provides proof of ownership of the vehicle;
(2) if the vehicle is subject to a rental or lease agreement, to a renter or
lessee who provides a copy of the rental or lease agreement; or
(3) to an agent of a towing company authorized by a registered owner if the
owner provides proof of ownership of the vehicle.
(b) The proof of ownership or, if applicable, the copy of the rental or lease
agreement required under paragraph (a) must be provided to the law
enforcement agency seizing the vehicle or to a person or entity designated by
the law enforcement agency to receive the information.
(c) No law enforcement agency, local unit of government, or state agency
is responsible or financially liable for any storage fees incurred due to a seizure
under this section.
Subd. 13. Reporting. The appropriate agency and prosecuting authority
shall report on forfeitures occurring under this section as described in section
609.5315, subdivision 6.

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 CHAPTER 151 PHARMACY PRACTICE ACT

151.72 SALE OF CERTAIN CANNABINOID PRODUCTS.

AMENDED
Subdivision 1.Definitions. (a) For the purposes of this section, the following
terms have the meanings given.
(b) "Certified hemp" means hemp plants that have been tested and found
to meet the requirements of chapter 18K and the rules adopted thereunder.
(c) "Edible cannabinoid product" means any product that is intended to be
eaten or consumed as a beverage by humans, contains a cannabinoid in
combination with food ingredients, and is not a drug.
(d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02,
subdivision 3.
(e) "Label" has the meaning given in section 151.01, subdivision 18.
(f) "Labeling" means all labels and other written, printed, or graphic matter
that are:
(1) affixed to the immediate container in which a product regulated under
this section is sold;
(2) provided, in any manner, with the immediate container, including but
not limited to outer containers, wrappers, package inserts, brochures, or
pamphlets; or
(3) provided on that portion of a manufacturer's website that is linked by
a scannable barcode or matrix barcode.
(g) "Matrix barcode" means a code that stores data in a two-dimensional
array of geometrically shaped dark and light cells capable of being read by the
camera on a smartphone or other mobile device.
(h) "Nonintoxicating cannabinoid" means substances extracted from
certified hemp plants that do not produce intoxicating effects when consumed
by any route of administration.
Subd. 2. Scope. (a) This section applies to the sale of any product that
contains cannabinoids extracted from hemp and that is an edible cannabinoid
product or is intended for human or animal consumption by any route of
administration.
(b) This section does not apply to any product dispensed by a registered
medical cannabis manufacturer pursuant to sections 152.22 to 152.37.
(c) The board must have no authority over food products, as defined in
section 34A.01, subdivision 4, that do not contain cannabinoids extracted or
derived from hemp.
Subd. 3. Sale of cannabinoids derived from hemp. (a) Notwithstanding
any other section of this chapter, a product containing nonintoxicating
cannabinoids, including an edible cannabinoid product, may be sold for human
or animal consumption only if all of the requirements of this section are met,
provided that a product sold for human or animal consumption does not
contain more than 0.3 percent of any tetrahydrocannabinol and an edible
cannabinoid product does not contain an amount of any tetrahydrocannabinol
that exceeds the limits established in subdivision 5a, paragraph (f).
(b) No other substance extracted or otherwise derived from hemp may be
sold for human consumption if the substance is intended:

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(1) for external or internal use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in humans or other animals; or
(2) to affect the structure or any function of the bodies of humans or other
animals.
(c) No product containing any cannabinoid or tetrahydrocannabinol
extracted or otherwise derived from hemp may be sold to any individual who
is under the age of 21.
(d) Products that meet the requirements of this section are not controlled
substances under section 152.02.
Subd. 4. Testing requirements. (a) A manufacturer of a product
regulated under this section must submit representative samples of the
product to an independent, accredited laboratory in order to certify that the
product complies with the standards adopted by the board. Testing must be
consistent with generally accepted industry standards for herbal and botanical
substances, and, at a minimum, the testing must confirm that the product:
(1) contains the amount or percentage of cannabinoids that is stated on
the label of the product;
(2) does not contain more than trace amounts of any mold, residual
solvents, pesticides, fertilizers, or heavy metals; and
(3) does not contain more than 0.3 percent of any tetrahydrocannabinol.
(b) Upon the request of the board, the manufacturer of the product must
provide the board with the results of the testing required in this section.
(c) Testing of the hemp from which the nonintoxicating cannabinoid was
derived, or possession of a certificate of analysis for such hemp, does not
meet the testing requirements of this section.
Subd. 5. Labeling requirements. (a) A product regulated under this
section must bear a label that contains, at a minimum:
(1) the name, location, contact phone number, and website of the
manufacturer of the product;
(2) the name and address of the independent, accredited laboratory used
by the manufacturer to test the product; and
(3) an accurate statement of the amount or percentage of cannabinoids
found in each unit of the product meant to be consumed.
(b) The information in paragraph (a) may be provided on an outer package
if the immediate container that holds the product is too small to contain all of
the information.
(c) The information required in paragraph (a) may be provided through the
use of a scannable barcode or matrix barcode that links to a page on the
manufacturer's website if that page contains all of the information required by
this subdivision.
(d) The label must also include a statement stating that the product does
not claim to diagnose, treat, cure, or prevent any disease and has not been
evaluated or approved by the United States Food and Drug Administration
(FDA) unless the product has been so approved.
(e) The information required by this subdivision must be prominently and
conspicuously placed on the label or displayed on the website in terms that
can be easily read and understood by the consumer.
(f) The labeling must not contain any claim that the product may be used
or is effective for the prevention, treatment, or cure of a disease or that it may

325
be used to alter the structure or function of human or animal bodies, unless
the claim has been approved by the FDA.
Subd. 5a. Additional requirements for edible cannabinoid products. (a)
In addition to the testing and labeling requirements under subdivisions 4 and
5, an edible cannabinoid must meet the requirements of this subdivision.
(b) An edible cannabinoid product must not:
(1) bear the likeness or contain cartoon-like characteristics of a real or
fictional person, animal, or fruit that appeals to children;
(2) be modeled after a brand of products primarily consumed by or
marketed to children;
(3) be made by applying an extracted or concentrated hemp-derived
cannabinoid to a commercially available candy or snack food item;
(4) contain an ingredient, other than a hemp-derived cannabinoid, that is
not approved by the United States Food and Drug Administration for use in
food;
(5) be packaged in a way that resembles the trademarked, characteristic,
or product-specialized packaging of any commercially available food product;
or
(6) be packaged in a container that includes a statement, artwork, or
design that could reasonably mislead any person to believe that the package
contains anything other than an edible cannabinoid product.
(c) An edible cannabinoid product must be prepackaged in packaging or
a container that is child-resistant, tamper-evident, and opaque or placed in
packaging or a container that is child-resistant, tamper-evident, and opaque
at the final point of sale to a customer. The requirement that packaging be
child-resistant does not apply to an edible cannabinoid product that is intended
to be consumed as a beverage and which contains no more than a trace
amount of any tetrahydrocannabinol.
(d) If an edible cannabinoid product is intended for more than a single use
or contains multiple servings, each serving must be indicated by scoring,
wrapping, or other indicators designating the individual serving size.
(e) A label containing at least the following information must be affixed to
the packaging or container of all edible cannabinoid products sold to
consumers:
(1) the serving size;
(2) the cannabinoid profile per serving and in total;
(3) a list of ingredients, including identification of any major food allergens
declared by name; and
(4) the following statement: "Keep this product out of reach of children."
(f) An edible cannabinoid product must not contain more than five
milligrams of any tetrahydrocannabinol in a single serving, or more than a total
of 50 milligrams of any tetrahydrocannabinol per package.
Subd. 6. Enforcement. (a) A product regulated under this section,
including an edible cannabinoid product, shall be considered an adulterated
drug if:
(1) it consists, in whole or in part, of any filthy, putrid, or decomposed
substance;
(2) it has been produced, prepared, packed, or held under unsanitary
conditions where it may have been rendered injurious to health, or where it
may have been contaminated with filth;

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(3) its container is composed, in whole or in part, of any poisonous or

deleterious substance that may render the contents injurious to health;
(4) it contains any food additives, color additives or excipients that have
been found by the FDA to be unsafe for human or animal consumption;
(5) it contains an amount or percentage of nonintoxicating cannabinoids
that is different than the amount or percentage stated on the label.
(6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the
product is an edible cannabinoid product, an amount of tetrahydrocannabinol
that exceeds the limits established in subdivision 5a, paragraph (f); or
(7) it contains more than trace amounts of mold, residual solvents,
pesticides, fertilizers, or heavy metals.
(b) A product regulated under this section shall be considered a
misbranded drug if the product's labeling is false or misleading in any manner
or in violation of the requirements of this section.
(c) The board's authority to issue cease and desist orders under section
151.06; to embargo adulterated and misbranded drugs under section 151.38;
and to seek injunctive relief under section 214.11, extends to any violation of
this section.

CHAPTER 152 DRUGS, CONTROLLED SUBSTANCES

152.01 DEFINITIONS.
Subdivision 1. Words, terms, and phrases. Unless the language or
context clearly indicates that a different meaning is intended, the following
words, terms, and phrases, for the purposes of this chapter, shall be given the
meanings subjoined to them.
Subd. 2. Drug. The term "drug" includes all medicines and preparations
recognized in the United States pharmacopoeia or national formulary and any
substance or mixture of substances intended to be used for the cure,
mitigation, or prevention of disease of either humans or other animals.
Subd. 3. Administer. "Administer" means to deliver by, or pursuant to
the lawful order of a practitioner a single dose of a controlled substance to a
patient or research subject by injection, inhalation, ingestion, or by any other
immediate means.
Subd. 3a. Cocaine. "Cocaine" means coca leaves and any salt,
compound, derivative, or preparation of coca leaves, including cocaine and
ecgonine, the salts and isomers of cocaine and ecgonine, and the salts of their
isomers and any salt, compound, derivative, or preparation thereof that is
chemically equivalent or identical with any of those substances, except
decocainized coca leaves or extraction of coca leaves, which extractions do
not contain cocaine or ecgonine.
Subd. 4. Controlled substance. "Controlled substance" means a drug,
substance, or immediate precursor in Schedules I through V of section 152.02.
The term shall not include distilled spirits, wine, malt beverages, intoxicating
liquors or tobacco.
Subd. 5. Repealed, 1971 c 937 s 22
Subd. 5a. Hallucinogen. "Hallucinogen" means any hallucinogen listed
in section 152.02, subdivision 2, paragraph (d), or Minnesota Rules, part
6800.4210, item C, except marijuana and Tetrahydrocannabinols.

327
 Subd. 6. Pharmacist intern. The term "pharmacist intern" means a
natural person, a graduate of the college of pharmacy, University of
Minnesota, or other pharmacy college, approved by the board, or a person
satisfactorily progressing toward the degree in pharmacy required for
licensure, registered by the state board of pharmacy, for the purpose of
obtaining practical experience as a requirement for licensure as a pharmacist
or a qualified applicant, awaiting licensure.
Subd. 7. Manufacture. "Manufacture," in places other than a pharmacy,
means and includes the production, cultivation, quality control, and
standardization by mechanical, physical, chemical, or pharmaceutical means,
packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by
other process, of drugs.
Subd. 8. Dispense. "Dispense" means to deliver one or more doses of
a controlled substance in a suitable container, properly labeled, for
subsequent administration to, or use by a patient or research subject.
Subd. 9. Marijuana. "Marijuana" means all parts of the plant of any
species of the genus Cannabis, including all agronomical varieties, whether
growing or not; the seeds thereof; the resin extracted from any part of such
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin, but shall not include the mature
stalks of such plant, fiber from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of such mature stalks, except the resin extracted therefrom, fiber,
oil, or cake, or the sterilized seed of such plant which is incapable of
germination. Marijuana does not include hemp as defined in section 152.22,
subdivision 5a.
Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture,
or substance containing a controlled substance, regardless of purity except as
provided in subdivision 16; sections 152.021, subdivision 2, paragraph (b);
152.022, subdivision 2, paragraph (b); and 152.023, subdivision 2, paragraph
(b).
Subd. 10. Narcotic drug. "Narcotic drug" means any of the following,
whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(1) Opium, coca leaves, opiates, and methamphetamine;
(2) A compound, manufacture, salt, derivative, or preparation of opium,
coca leaves, opiates, or methamphetamine;
(3) A substance, and any compound, manufacture, salt, derivative, or
preparation thereof, which is chemically identical with any of the substances
referred to in clauses (1) and (2), except that the words "narcotic drug" as used
in this chapter shall not include decocainized coca leaves or extracts of coca
leaves, which extracts do not contain cocaine or ecgonine.
Subd. 11. Opiate. "Opiate" means any dangerous substance having an
addiction forming or addiction sustaining liability similar to morphine or being
capable of conversion into a drug having such addiction forming or addiction
sustaining liability.
Subd. 12. Opium poppy. "Opium poppy" means the plant of the species
Papaver somniferum L., except the seeds thereof.

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Subd. 12a. Park zone. "Park zone" means an area designated as a

public park by the federal government, the state, a local unit of government, a
park district board, or a park and recreation board in a city of the first class.
"Park zone" includes the area within 300 feet or one city block, whichever
distance is greater, of the park boundary.
Subd. 13. Person. "Person" includes every individual, copartnership,
corporation or association of one or more individuals.
Subd. 14. Poppy straw. "Poppy straw" means all parts, except the
seeds, of the opium poppy, after mowing.
Subd. 14a. School zone. "School zone" means:
(1) any property owned, leased, or controlled by a school district or an
organization operating a nonpublic school, as defined in section 123B.41,
subdivision 9, where an elementary, middle, secondary school, secondary
vocational center or other school providing educational services in grade one
through grade 12 is located, or used for educational purposes, or where
extracurricular or cocurricular activities are regularly provided;
(2) the area surrounding school property as described in clause (1) to a
distance of 300 feet or one city block, whichever distance is greater, beyond
the school property; and
(3) the area within a school bus when that bus is being used to transport
one or more elementary or secondary school students.
Subd. 15. Immediate precursor. "Immediate precursor" means a
substance which the state board of pharmacy has found to be and by rule
designates as being the principal compound commonly used or produced for
use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance, the control of which is
necessary to prevent, curtail, or limit such manufacture.
Subd. 15a. Sell. "Sell" means:
(1) to sell, give away, barter, deliver, exchange, distribute or dispose of to
another, or to manufacture; or
(2) to offer or agree to perform an act listed in clause (1); or
(3) to possess with intent to perform an act listed in clause (1).
Subd. 16. Small amount. "Small amount" as applied to marijuana means
42.5 grams or less. This provision shall not apply to the resinous form of
marijuana. The weight of fluid used in a water pipe may not be considered in
determining a small amount except in cases where the marijuana is mixed with
four or more fluid ounces of fluid.
Subd. 16a. Subsequent controlled substance conviction. A
"subsequent controlled substance conviction" means that before commission
of the offense for which the person is convicted under this chapter, the person
was convicted of a violation of section 152.021 or 152.022, including an
attempt or conspiracy, or was convicted of a similar offense by the United
States or another state, provided that ten years have not elapsed since
discharge from sentence.
Subd. 17. Repealed, 1994, ch 636 art 2 s 69
Subd. 18. Drug paraphernalia. (a) Except as otherwise provided in
paragraph (b), "drug paraphernalia" means all equipment, products, and
materials of any kind, except those items used in conjunction with permitted
uses of controlled substances under this chapter or the Uniform Controlled
Substances Act, which are knowingly or intentionally used primarily in (1)

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manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance, (3) testing
the strength, effectiveness, or purity of a controlled substance, or (4)
enhancing the effect of a controlled substance.
(b) “Drug paraphernalia” does not include the possession, manufacture,
delivery, or sale of (1) hypodermic needles or syringes in accordance with
section 151.40, subdivision 2; or (2) products that detect the presence of
fentanyl or a fentanyl analog in a controlled substance.
Subd. 19. Public housing zone. "Public housing zone" means any public
housing project or development administered by a local housing agency, plus
the area within 300 feet of the property's boundary, or one city block,
whichever distance is greater.
Subd. 20. Unlawfully. "Unlawfully" means selling or possessing a
controlled substance in a manner not authorized by law.
Subd. 21. Orphan drug. "Orphan drug" means a drug for a disease or
condition which is rare in the United States and has been designated as an
orphan drug by the Secretary of Health and Human Services as provided in
the Orphan Drug Act, Public Law Number 92-414, as amended.
Subd. 22. Drug treatment facility. “Drug treatment facility” means any
facility in which a residential rehabilitation program licensed under chapter
245G or Minnesota Rules, parts 9530.6510 to 9530.6590, is located, and
includes any property owned, leased, or controlled by the facility.
Subd. 23. Analog. (a) Except as provided in paragraph (b), "analog"
means a substance, the chemical structure of which is substantially similar to
the chemical structure of a controlled substance in Schedule I or II:
(1) that has a stimulant, depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous system of a
controlled substance in Schedule I or II; or
(2) with respect to a particular person, if the person represents or intends
that the substance have a stimulant, depressant, or hallucinogenic effect on
the central nervous system that is substantially similar to or greater than the
stimulant, depressant, or hallucinogenic effect on the central nervous system
of a controlled substance in Schedule I or II.
(b) "Analog" does not include:
(1) a controlled substance;
(2) any substance for which there is an approved new drug application
under the Federal Food, Drug, and Cosmetic Act; or
(3) with respect to a particular person, any substance, if an exemption is
in effect for investigational use, for that person, as provided by United States
Code, title 21, section 355, and the person is registered as a controlled
substance researcher as required under section 152.12, subdivision 3, to the
extent conduct with respect to the substance is pursuant to the exemption and
registration.
Subd. 24 Aggravating factor. Each of the following is an “aggravating
factor”:
(1) the defendant, within the previous ten years, has been convicted of a
violent crime, as defined in section 609.1095, subdivision 1, paragraph (d),
other than a violation of a provision under this chapter, including an attempt or

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conspiracy, or was convicted of a similar offense by the United States or

another state;
(2) the offense was committed for the benefit of a gang under section
609.229;
(3) the offense involved separate acts of sale or possession of a controlled
substance in three or more counties;
(4) the offense involved the transfer of controlled substances across a
state or intentional border and into Minnesota;
(5) the offense involved at least three separate transactions in which
controlled substances were sold, transferred, or possessed with intent to sell
or transfer;
(6) the circumstances of the offense reveal the offender to have occupied
a high position in the drug distribution hierarchy;
(7) the defendant used a position or status to facilitate the commissioner
of the offense, including positions of trust, confidence, or fiduciary
relationships;
(8) the offense involved the sale of controlled substance to a person under
the age of 18 or a vulnerable adult as defined in section 609.232, subdivision
11;
(9) the defendant or an accomplice manufactured, possessed, or sold a
controlled substance in a school zone, park zone, correctional facility, or drug
treatment facility; or
(10) the defendant or an accomplice possessed equipment, drug
paraphernalia, documents, or money evidencing that the offense involved the
cultivation, manufacture, distribution or possession of controlled substances
in quantities substantially larger than the minimum threshold amount for the
offense.

152.02 SCHEDULES OF CONTROLLED SUBSTANCES;

ADMINISTRATION OF CHAPTER. AMENDED
Subdivision 1. Five schedules. There are established five
schedules of controlled substances, to be known as Schedules I, II, III, IV,
and V The schedules consist of the substances listed in this section by
whatever official name, common or usual name, chemical name, or trade
name designated.
Subd. 2. Schedule I. (a) Schedule I consists of the substances listed
in this subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another
schedule, any of the following substances, including their analogs,
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of the analogs, isomers, esters, ethers and salts
is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also
known as levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;

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(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;

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(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl

fentanyl);
(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-
methylbenzamide(U47700);
(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-
carboxamide(furanylfentanyl);
(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol
(bromadol);
(60) N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide (Cyclopropryl fentanyl);
(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl
fentanyl);
(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
(63) N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopentanecarboxamide (cyclopentyl fentanyl);
(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
(isobutyryl fentanyl);
(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
fentanyl);
(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
(para-chloroisobutyryl fentanyl);
(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
(para-fluorobutyryl fentanyl);
(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
(para-methoxybutyryl fentanyl);
(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-
yl)acetamide (ocfentanil);
(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
(4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl);
(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl
fentanyl or acryloylfentanyl);
(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
(methoxyacetyl fentanyl);
(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
(ortho-fluorofentanyl or 2-fluorofentanyl);
(74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-
carboxamide (tetrahydrofuranyl fentanyl); and
(75) Fentanyl-related substances, their isomers, esters, ethers,
salts and salts of isomers, esters and ethers, meaning any
substance not otherwise listed under another federal Administration
Controlled Substance Code Number or not otherwise listed in this
section, and for which no exemption or approval is in effect under
section 505 of the Federal Food, Drug, and Cosmetic Act, United
States Code , title 21, section 355, that is structurally related to
fentanyl by one or more of the following modifications:
(i) replacement of the phenyl portion of the phenethyl group by
any monocycle, whether or not further substituted in or on the
monocycle;
(ii) substitution in or on the phenethyl group with alkyl, alkenyl,
alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

333
 (iii) substitution in or on the piperidine ring with alkyl, alkenyl,
alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro
groups;
(iv) replacement of the aniline ring with any aromatic monocycle
whether or not further substituted in or on the aromatic monocycle;
or
(v) replacement of the N-propionyl group by another acyl group.
(c) Opium derivatives. Any of the following substances, their analogs,
salts, isomers, and salts of isomers, unless specifically excepted or unless
listed in another schedule, whenever the existence of the analogs, salts,
isomers and salts of isomers is possible
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon
(d) Hallucinogens. Any material, compound, mixture or preparation
which contains any quantity of the following substances, their analogs,
salts, isomers (whether optical, positional, or geometric), and salts of
isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of the analogs, salts, isomers, and salts of
isomers is possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
(9) alpha-ethyltryptamine;

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(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxy amphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro[2,3-f][1]benzofuran-4-
yl)ethanamine (2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);

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 (59) 5,6-methylenedioxy-2-aminoindane (MDAI).
(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2
methoxybenzyl)ethanamine (25B-NBOMe);
(61) 2-(4-chloro-2,5-dimethoxypheny1)-N-(2-
methoxybenzyl)ethanamine (25I-NBOMe);
(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine (25I-NBOMe);
(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(64) 2-(4-Ethylthio-2,5-dimethoxypheylethanamine (2C-T-2);
(65) N,N-Dipropyltryptamine (DPT);
(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
(67) N-ethyl-1-(3-methoxyphenyl)
(68) 4-[1-(3-methoxyphenyl)cyclohexyl]cyclohexanamine
morpholine (3-MeO-PCE);
(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-
MeO-PCP);
(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-
Ethylnorketamine, ethketamine, NENK);
(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
(72)3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
(e) Peyote. All parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof,
any extract from any part of the plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of the plant, its seeds or extracts.
The listing of peyote as a controlled substance in Schedule I does not
apply to the nondrug use of peyote in bona fide religious ceremonies of
the American Indian Church, and members of the American Indian Church
are exempt from registration. Any person who manufactures peyote for or
distributes peyote to the American Indian Church, however, is required to
obtain federal registration annually and to comply with all other
requirements of law.
(f) Central nervous system depressants. Unless specifically excepted
or unless listed in another schedule, any material compound, mixture, or
preparation which contains any quantity of the following substances, their
analogs, salts, isomers, and salts of isomers whenever the existence of
the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and
ethers;
(4) flunitrazepam;
(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-
deschloroketamine, methoxyketamine);
(6) tianeptine;
(7) clonazolam;
(8) etizolam;
(9) flubromazolam; and
(10) flubromazepam.

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(g) Stimulants. Unless specifically excepted or unless listed in

another schedule, any material compound, mixture, or preparation which
contains any quantity of the following substances, their analogs, salts,
isomers, and salts of isomers whenever the existence of the analogs,
salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) 3-fluoro-N-methylcathionone (3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one
(butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one(4-MEMABP or
BZ-6378);
(21) 1-(naphthalene-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one
(naphthylpyrovalerone or naphyrone);
(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-
PHP or MPHP);
(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
(25) 4-methyl-N-ethylcathionone (4-MEC);
(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27) 2-(methylamino)-1-pheylpentan-1-one (pentedrone);
(28)1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one
(pentylone);
(29) 4-flouro-N-methylcathionon (4-FMC);
(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone (a-PBP);
(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
(36) 4’-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);
(37) 1-(1,3-Benzodioxol-5-yl)-2(dimethylamino)butan-1-one
(dibutylone, bk-DMBDB);
(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or
mCPP); and

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 (39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one(N-
ethylpentylone, ephylone); and
(40) any other substance, except bupropion or compounds listed
under a different schedule, that is structurally derived from 2-
aminopropan-1-one by substitution at the 1-position with either phenyl,
naphthyl, or thiophene ring systems, whether or not the compound is
further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl,
alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether
or not further substituted in the ring system by one or more other univalent
substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl,
benzyl, or methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids.
Unless specifically excepted or unless listed in another schedule, any
natural or synthetic material, compound, mixture, or preparation that
contains any quantity of the following substances their analogs, isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers, whenever
the existence of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus
Cannabis, except that tetrahydrocannabinols do not include any material,
compound, mixture, or preparation that qualifies as industrial hemp as
defined in section 18K.02, subdivision 3; synthetic equivalents of the
substances contained in the cannabis plant or in the resinous extractives
of the plant, or synthetic substances with similar chemical structure and
pharmacological activity to those substances contained in the plant or
resinous extract, including, but not limited to, 1 cis or trans
tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or
trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-
napthoyl)indole structure with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any extent
and whether or not substituted in the naphthyl ring to any extent.
Examples of naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).

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(ii) Napthylmethylindoles, which are any compounds containing a

1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-
(4-morpholinyl)ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the naphthyl ring to
any extent. Examples of naphthylmethylindoles include, but are not limited
to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-
naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the pyrrole ring to any extent,
whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylpyrroles include, but are not limited to, (5-(2-fluorophenyl)-1-
pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a
naphthylideneindene structure with substitution at the 3-position of the
indene ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indene ring to any extent,
whether or not substituted in the naphthyl ring to any extent. Examples of
naphthylemethylindenes include, but are not limited to, E-1-[1-(1-
naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-
phenylacetylindole structure with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indole ring to any extent,
whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251)
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a 2-(3-
hydroxycyclohexyl)phenol structure with substitution at the 5-position of
the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not substituted in the cyclohexyl ring to any extent.
Examples of cyclohexylphenols include, but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Cannabicyclohexanol or CP 47,497 C8 homologue);
(C)5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-
hydroxypropyl)cyclohexyl] -phenol (CP 55,940).

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 (vii) Benzoylindoles, which are any compounds containing a 3-
(benzoyl)indole structure with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indole ring to any extent
and whether or not substituted in the phenyl ring to any extent. Examples
of benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-
yl]methanone (WIN 48,098 or Pravadoline).
(viii) Others specifically named:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-
yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-
yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-
211);
(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] -
1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone
(UR-144);
(E)(1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone (XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3
carboxamide (AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-
carboxamide (5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid
(5-Fluoro PB-22).
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-
indazole-3-carboxamide (AB-PINACA);
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-
fluorophenyl)methyl]-1H-indazole-3-carboxamide (AB-FUBINACA);
(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-
1H-indazole-3-carboxamide(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-
methylbutanoate (5-fluoro-AMB);
(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalene-1-yl)
methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-
yl)methanone) (FUBIMINA);
(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-
trimethylbicyclo [2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or
UR-12);
(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) -
1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-
indole-3-carboxamide;

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(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-

indazole-3-carboxamide; and
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-
dimethylbutanoate;
(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
H-indazole-3-carboxarnide (MAB-CHMINACA);
(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-
3-carboxamide(ADB-PINACA);
(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate
(FUB-AMB);
(X) N-[(1S)-2-amino-2-oxo-1-(Phenylmethyl)ethyl]-1-
(cyclohexylmethyl)-1H-Indazole-3-caboboxamide (APP-CHMINACA);
and
(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-caboxylate (FUB-
PB-22); and
(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate
(MMB-CHMICA).
(ix) Additional substances specifically named:
(A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2,3-
B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
(B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-
carboxamide (4-CN-Cumyl-Butinaca);
(C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate
(NM2201; CBL2201);
(D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 H-
indazole-3-carboxamide (5F-ABPINACA);
(E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-
dimethylbutanoate (MDMB CHMICA);
(F) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate (5F-ADB; 5F-MDMB-PINACA); and
(G) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)
1H-indazole-3-carboxamide (ADB-FUBINACA).
(i) A controlled substance analog, to the extent that it is implicitly or
explicitly intended for human consumption.
Subd. 3. Schedule II. (a) Schedule II consists of the substances
listed in this subdivision.
(b) Unless specifically excepted or unless listed in another schedule,
any of the following substances whether produced directly or indirectly by
extraction from substances of vegetable origin or independently by means
of chemical synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxegol;

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 (G) naloxone;
(H) naltrexone; and
(I) and their respective salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(2) any salt, compound, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to
in clause (1), except that these substances shall not include the
isoquinoline alkaloids of opium.;
(3) opium poppy and poppy straw.;
(4) coca leaves and any salt, cocaine compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine and their
salts, isomers, derivatives, and salts of isomers and derivatives), and any
salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, except that the
substances shall not include decocainized coca leaves or extraction of
coca leaves, which extractions do not contain cocaine or ecgonine;
(5) concentrate of poppy straw (the crude extract of poppy straw in
either liquid, solid, or powder form which contains the phenanthrene
alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters and ethers, unless specifically
excepted, or unless listed in another schedule, whenever the existence of
such isomers, esters, ethers and salts is possible within the specific
chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM) levomethorphan;
(13) levomethorphan;

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(14)levorphanol;
(15) metazocine;
(16) methadone;
(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-
diphenylbutane;
(18) moramide - intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;
(19) pethidine;
(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-
phenylpiperidine;
(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-
carboxylate;
(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-
carboxylic acid;
(23) phenazocine;
(24) piminodine;
(25) racemethorphan;
(26) racemorphan;
(27) remifentanil;
(28) sufentanil;
(29) tapentadol;
(30) 4-Anilino-N-phenethylpiperidine.
(d) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on the
central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical
isomers;
(2) methamphetamine, its salts, isomers, and salts of its isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate;
(5) lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances having a depressant effect on the
central nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) secobarbital;
(4) pentobarbital;
(5) phencyclidine;
(6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Cannabinoids:
(1) nabilone;

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 (2) dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)]
in an oral solution in a drug product approved for marketing by the United
States Food and Drug Administration.
Subd. 4. Schedule III (a) Schedule III consists of the substances
listed in this subdivision.
(b) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a potential for
abuse associated with a stimulant effect on the central nervous system,
including its salts, isomers, and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation:
(1) benzphetamine;
(2) chlorphentermine;
(3) clortermine;
(4) phendimetrazine.
(c) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a potential for
abuse associated with a depressant effect on the central nervous system:
(1) any compound, mixture, or preparation containing amobarbital,
secobarbital, pentobarbital or any salt thereof and one or more other
active medicinal ingredients which are not listed in any schedule;
(2) any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs and approved
by the food and drug administration for marketing only as a suppository;
(3) any substance which contains any quantity of a derivative of
barbituric acid, or any salt of a derivative of barbituric acid, except those
substances which are specifically listed in other schedules
(4) any drug product containing gamma hydroxybutyric acid,
including its salts, isomers, and salts of isomers, for which an application
is approved under section 505 of the federal Food, Drug, and Cosmetic
Act;
(5) any of the following substances:
(i) chlorhexadol;
(ii) ketamine, its salts, isomers and salts of isomers;
(iii) lysergic acid;
(iv) lysergic acid amide;
(v) methyprylon;
(vi) sulfondiethylmethane;
(vii) sulfonenthylmethane;
(viii) sulfonmethane;
(ix) tiletamine and zolazepam and any salt thereof;
(x) embutramide;
(xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-
Dihydropyridin-3-yl)benzonitrile].
(d) Nalorphine.
(e) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation

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containing any of the following narcotic drugs, or their salts calculated as

the free anhydrous base or alkaloid, in limited quantities as follows:
(1) not more than 1.80 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with an equal or greater quantity
of an isoquinoline alkaloid of opium;
(2) not more than 1.80 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(4) not more than 300 milligrams of ethylmorphine per 100 milliliters
or not more than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(5) not more than 500 milligrams of opium per 100 milliliters or per
100 grams, or not more than 25 milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) not more than 50 milligrams of morphine per 100 milliliters or per
100 grams with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(f) Anabolic steroids, human growth hormone, and chorionic
gonadotropin.
(1) Anabolic steroids, for purposes of this subdivision, means any
drug or hormonal substance, chemically and pharmacologically related to
testosterone, other than estrogens, progestins, corticosteroids, and
dehydroepiandrosterone, and includes:
(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
(iii) androstanedione (5[alpha]-androstan-3,17-dione);
(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-
ene;
(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione);
(ix) 4-androstenedione (androst-4-en-3,17-dione);
(x) 5-androstenedione (androst-5-en-3,17-dione);
(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one);
(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
(xiii) boldione (androsta-1,4-diene-3,17-dione);
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one)
(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
(xvi) dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-
17[alpha]-methylandrost-1,4-dien-3-one);
(xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-
2-en-17[beta]-ol);
(xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-
androst-1-en-3-one);

345
 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-
androstan-3-one);
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
(xxii) fluoxymesterone
(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-
3-one);
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-
dihydroxyandrost-1,4-dien-3-one);
(xxiv) furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-
c]-furazan)13[beta]-ethyl-17[beta] -hydroxygon-4-en-3-one;
(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-
one);
(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-
3-one);
(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-
androstan-3-one);
(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-
androstan-3-one);
(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-
1,4-dien-3-one);
(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene);
(xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-
17beta-ol-3-one)
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-
en-3-one);
(xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-
androstane;
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-
androstane;
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-methyl-4-
hydroxy-17[beta]-hydroxyestr-4-en-3-one);
(xxxvii) methyldienolone(17[alpha]-methyl-17[beta]-hydroxyestra-
4,9(10)-dien-3-one);
(xxxviii) methyltrienolone(17[alpha]-methyl-17[beta]-hydroxyestra-
4,9-11-trien-3-one);
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one);
(xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-
en-3-one);
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone (17[beta]-
hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one);
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
(xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-
ene;
(xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-
androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene;
(xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene);

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(xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-

dione);
(xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(xlviii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-
hydroxygon-4-en-3-one);
(xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
(l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-
one);(li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-
3-one);
(lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-
androstan-3-one);
(liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-
4-en-3-one);
(liv) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-
hydroxy-5[alpha]-androstan-3-one);
(lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-
C]pryazole
(lvi) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-
androst-2-eno[3,2-c]-pyrazole);
(lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-
3-one);
(lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-
17-oic acid lactone);
(lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
(lx) tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-
hydroxygon-4,9,11-trien-3-one);
(lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
(lxii) any salt, ester, or ether of a drug or substance described in
this paragraph.
Anabolic steroids are not included if they are(A) expressly intended
for administration through implants to cattle or other nonhuman species;
and (B) approved by the United States Food and Drug Administration for
that use;
(2) Human growth hormones.
(3) Chorionic gonadotropin, except that a product containing
chorionic gonadotropin is not included if it is:
(i) expressly intended for administration to cattle or other
nonhuman species; and
(ii) approved by the United States Food and Drug Administration
for that use.
(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil
and encapsulated in a soft gelatin capsule in a United States Food and
Drug Administration approved product.
(h) Any material, compound, mixture, or preparation containing the
following narcotic drug or its salt: buprenorphine.
Subd. 5. Schedule IV. (a) Schedule IV consists of the substances
listed in this subdivision.
(b) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation

347
containing any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as follows:
(1) not more than one milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit;
(2) dextropropoxyphene (Darvon and Darvocet)
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its
salts, optical and geometric isomers, and salts of these isomers (including
tramadol);
(4) eluxadoline;
(5) pentazocine; and
(6) butorphanol (including its optical isomers).
(c) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any quantity of the following substances, including its salts,
isomers, and salts of isomers whenever the existence of the salts,
isomers, and salts of isomers is possible:
(1) Alfaxalone (5a-pregnan-3a-ol-11,20-dione);
(2) alprazolam;
(3) barbital;
(4) bromazepam;
(5) camazepam;
(6) carisoprodol;
(7) chloral betaine;
(8) chloral hydrate;
(9) chlordiazepoxide;
(10) clobazam;
(11) clonazepam;
(12) clorazepate;
(13) clotiazepam;
(14) cloxazolam;
(15) delorazepam;
(16) diazepam;
(17) dichloralphenazone;
(18) estazolam;
(19) ethchlorvynol;
(20) ethinamate;
(21) ethyl loflazepate;
(22) fludiazepam;
(23) flurazepam;
(24) fospropofol;
(25) halazepam;
(26) haloxazolam;
(27) ketazolam;
(28) loprazolam;
(29) lorazepam;
(30) lormetazepam mebutamate;
(31) medazepam;
(32) meprobamate;
(33) methohexital;
(34) methylphenobarbital;

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(35) midazolam;
(36) nimetazepam;
(37) nitrazepam;
(38) nordiazepam;
(39) oxazepam;
(40) oxazolam;
(41) paraldehyde;
(42) petrichloral;
(43) phenobarbital;
(44) pinazepam;
(45) prazepam;
(46) quazepam;
(47) Suvorexant;
(48) temazepam;
(49) tetrazepam;
(50) triazolam;
(51) zaleplon;
(52) zolpidem;
(53) zopiclone.
(d) Any material, compound, mixture, or preparation which contains
any quantity of the following substance including its salts, isomers, and
salts of such isomers, whenever the existence of such salts, isomers, and
salts of isomers is possible: fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant effect
on the central nervous system, including its salts, isomers, and salts of
isomers:
(1) cathine (norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamine;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline (including organometallic complexes and chelates
thereof);
(9) phentermine;
(10) pipradol;
(11) sibutramine;
(12) SPA (1-dimethylamino-1,2-diphenylethane).
(f) lorcaserin.
Subd. 6. Schedule V; restrictions on methamphetamine
precursor drugs. (a) As used in this subdivision, the following terms have
the meanings given:
(1) "methamphetamine precursor drug" means any compound,
mixture, or preparation intended for human consumption containing
ephedrine or pseudoephedrine as its sole active ingredient or as one of
its active ingredients; and

349
 (2) "over-the-counter sale" means a retail sale of a drug or product
but does not include the sale of a drug or product pursuant to the terms
of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the
following limited quantities of narcotic drugs, which shall include one or
more nonnarcotic active medicinal ingredients in sufficient proportion to
confer upon the compound, mixture or preparation valuable medicinal
qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters
or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters
or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than
25 micrograms of atropine sulfate per dosage unit;
(iv) not more than 100 milligrams of opium per 100 milliliters or per
100 grams; or
(v) not more than 0.5 milligrams of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or
preparation that contains any quantity of the following substance having
a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers: pyrovalerone.
(3) Depressants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or
preparation that contains any quantity of the following substance having
a depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(i) ezogabine;
(ii) pregabalin;
(iii) lacosamide.
(4) Any compound, mixture, or preparation containing ephedrine or
pseudoephedrine as its sole active ingredient or as one of its active
ingredients.
(c) No person may sell in a single over-the-counter sale more than
two packages of a methamphetamine precursor drug or a combination of
methamphetamine precursor drugs or any combination of packages
exceeding a total weight of six grams, calculated as the base.
(d) Over-the-counter sales of methamphetamine precursor drugs are
limited to:
(1) packages containing not more than a total of three grams of one
or more methamphetamine precursor drugs, calculated in terms of
ephedrine base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each blister
contains not more than two dosage units, or, if the use of blister packs is
not technically feasible, sales in unit dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine
precursor drugs in an over-the-counter sale shall ensure that all packages
of the drugs are displayed behind a checkout counter where the public is

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not permitted and are offered for sale only by a licensed pharmacist, a
registered pharmacy technician, or a pharmacy clerk. The establishment
shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of
birth; and
(2) to sign a written or electronic document detailing the date of the
sale, the name of the buyer, and the amount of the drug sold. A document
described under clause (2) must be retained by the establishment for at
least three years and must at all reasonable times be open to the
inspection of any law enforcement agency.
Nothing in this paragraph requires the buyer to obtain a prescription
for the drug's purchase.
(f) No person may acquire through over-the-counter sales more than
six grams of methamphetamine precursor drugs, calculated as the base,
within a 30-day period.
(g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18 years.
It is an affirmative defense to a charge under this paragraph if the
defendant proves by a preponderance of the evidence that the defendant
reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g)
is guilty of a misdemeanor and may be sentenced to imprisonment for not
more than 90 days, or to payment of a fine of not more than $1,000, or
both.
(i) An owner, operator, supervisor, or manager of a business
establishment that offers for sale methamphetamine precursor drugs
whose employee or agent is convicted of or charged with violating
paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties for
violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the
employee or agent to commit the violation; and
(2) documents that an employee training program was in place to
provide the employee or agent with information on the state and federal
laws and regulations regarding methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for
sale methamphetamine precursor drugs who sells such a drug to any
person in a suspicious transaction shall report the transaction to the
owner, supervisor, or manager of the establishment. The owner,
supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in
good faith is immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily
intended for administration to children under 12 years of age according to
label instructions;
(2) methamphetamine precursor drugs that are certified by the Board
of Pharmacy as being manufactured in a manner that prevents the drug
from being used to manufacture methamphetamine;

351
 (3) methamphetamine precursor drugs in gel capsule or liquid form;
or
(4) compounds, mixtures, or preparations in powder form where
pseudoephedrine constitutes less than one percent of its total weight and
is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of
Public Safety, shall certify methamphetamine precursor drugs that meet
the requirements of paragraph (k), clause (2), and publish an annual
listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by the Board
of Pharmacy pursuant to sections 151.42 to 151.51 and registered with
and regulated by the United States Drug Enforcement Administration are
exempt from the methamphetamine precursor drug storage requirements
of this section.
(n) This section preempts all local ordinances or regulations
governing the sale by a business establishment of over-the-counter
products containing ephedrine or pseudoephedrine. All ordinances
enacted prior to the effective date of this act are void.
Subd. 7. Board of Pharmacy; regulation of substances. The
Board of Pharmacy is authorized to regulate and define additional
substances which contain quantities of a substance possessing abuse
potential in accordance with the following criteria:
(1) The Board of Pharmacy shall place a substance in Schedule I if
it finds that the substance has: A high potential for abuse, no currently
accepted medical use in the United States, and a lack of accepted safety
for use under medical supervision.
(2) The Board of Pharmacy shall place a substance in Schedule II if
it finds that the substance has: A high potential for abuse, currently
accepted medical use in the United States, or currently accepted medical
use with severe restrictions, and that abuse may lead to severe
psychological or physical dependence.
(3) The Board of Pharmacy shall place a substance in Schedule III if
it finds that the substance has: A potential for abuse less than the
substances listed in Schedules I and II, currently accepted medical use in
treatment in the United States, and that abuse may lead to moderate or
low physical dependence or high psychological dependence.
(4) The Board of Pharmacy shall place a substance in Schedule IV if
it finds that the substance has: A low potential for abuse relative to the
substances in Schedule III, currently accepted medical use in treatment
in the United States, and that abuse may lead to limited physical
dependence or psychological dependence relative to the substances in
Schedule III.
(5) The Board of Pharmacy shall place a substance in Schedule V if
it finds that the substance has: A low potential for abuse relative to the
substances listed in Schedule IV, currently accepted medical use in
treatment in the United States, and limited physical dependence and/or
psychological dependence liability relative to the substances listed in
Schedule IV.
Subd. 8. Add, delete, or reschedule substances. The state Board
of Pharmacy may, by rule, add substances to or delete or reschedule

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substances listed in this section. The Board of Pharmacy may not delete
or reschedule a drug that is in Schedule I, except as provided in
subdivision 12.In making a determination regarding a substance, the
Board of Pharmacy shall consider the following: The actual or relative
potential for abuse, the scientific evidence of its pharmacological effect, if
known, the state of current scientific knowledge regarding the substance,
the history and current pattern of abuse, the scope, duration, and
significance of abuse, the risk to public health, the potential of the
substance to produce psychic or physiological dependence liability, and
whether the substance is an immediate precursor of a substance already
controlled under this section. The state Board of Pharmacy may include
any nonnarcotic drug authorized by federal law for medicinal use in a
schedule only if such drug must, under either federal or state law or rule,
be sold only on prescription.
Subd. 8a. Repealed by amendment, 2012 c 240 s 1
Subd. 8b. Board of Pharmacy; expedited scheduling of
additional substances.(a) The state Board of Pharmacy may, by rule,
add a substance to Schedule I provided that it finds that the substance
has a high potential for abuse, has no currently accepted medical use in
the United States, has a lack of accepted safety for use under medical
supervision, has known adverse health effects, and is currently available
for use within the state. For the purposes of this subdivision only, the
board may use the expedited rulemaking process under section 14.389.
Subd. 9. Except substances by rule. The state Board of Pharmacy
may by rule except any compound, mixture, or preparation containing any
stimulant or depressant substance listed in subdivision 4 paragraphs (b)
and (c), or in subdivisions 5 and 6 from the application of all or any part
of this chapter, if the compound, mixture, or preparation contains one or
more active medicinal ingredients not having a stimulant or depressant
effect on the central nervous system; provided, that such admixtures shall
be included therein in such combinations, quantity, proportion, or
concentration as to vitiate the potential for abuse of the substances which
do have a stimulant or depressant effect on the central nervous system.
Subd. 10. Dextromethorphan. Dextromethorphan shall not be
deemed to be included in any schedule by reason of the enactment of
Laws 1971, chapter 937, unless controlled pursuant to the foregoing
provisions of this section.
Subd. 11. Repealed, 1993 c 337 s 20
Subd. 12. Coordination of controlled substance regulation with
federal law and state statute. (a) If any substance is designated,
rescheduled, or deleted as a controlled substance under federal law the
Board of Pharmacy may similarly and temporarily control the substance
under this chapter, by issuing an order and causing it to be published in
the State Register and filed with the secretary of state. In issuing the
order, the board is not required to engage in rulemaking. The order
expires no later than 12 months after the date of the issue and may not
be renewed. After issuing the order, the board may permanently schedule
the substance only by exercising the authority granted to it under
subdivision 8.

353
 (b) The state Board of Pharmacy shall annually submit a report to the
legislature on or before December 1 that specifies what changes the board
made to the controlled substance schedules maintained by the board in
Minnesota Rules, parts 6800.4210 to 6800.4250, in the preceding 12
months. The report must also specify any orders issued by the board
under this subdivision. The report must include specific recommendations
for amending the controlled substance schedules contained in
subdivisions 2 to 6, so that they conform with the controlled substance
schedules maintained by the board in Minnesota Rules, parts 6800.4210
to 6800.4250, and with the federal schedules.
Subd. 13 Repealed by amendment, 2012 c 240 s 1
Subd. 14 Procedural requirements. Except as otherwise permitted
in this section, the Board of Pharmacy is subject to the provisions of
chapter 14 in exercising the authority granted by this chapter.

CONTROLLED SUBSTANCE CRIMES

152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST.
DEGREE.
Subdivision 1. Sale crimes. A person is guilty of controlled substance
crime in the first degree if:
(1) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of 17 grams or more containing
cocaine or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of 10 grams or more containing
cocaine or methamphetamine and;
(i) the person or accomplice possess on their person or within immediate
reach, or uses, whether by brandishing, displaying, threatening with, or
otherwise employing, a firearm; or
(ii) the offense involves two aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of ten grams or more containing
heroin;
(4) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of 50 grams or more containing a
narcotic drug other than cocaine, heroin or methamphetamine;
(5) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of 50 grams or more containing
amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is
packaged in dosage units, equaling 200 or more dosage units; or
(6) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of 25 kilograms or more containing
marijuana or Tetrahydrocannabinols.
Subd. 2. Possession crimes. (a) A person is guilty of a controlled
substance crime in the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight
of 50 grams or more containing cocaine or methamphetamine;

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(2) the person unlawfully possesses one or more mixtures of a total weight
of 25 grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within
immediate reach, or uses, whether by brandishing, displaying, threatening
with, or otherwise employing, a firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight
of 25 grams or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight
of 500 grams or more containing a narcotic drug other than cocaine, heroin,
or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight
of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen
or, if the controlled substance is packaged in dosage units, equaling 500 or
more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight
of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or
possesses 500 or more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water
pipe may not be considered in measuring the weight of a mixture except in
cases where the mixture contains four or more fluid ounces of fluid.
Subd. 2a. Methamphetamine manufacture crime. Notwithstanding
subdivision 1, sections 152.022, subdivision 1, 152.023, subdivision 1, and
152.024, subdivision 1, a person is guilty of controlled substance crime in the
first degree if the person manufactures any amount of methamphetamine.
Subd. 2b. Aggravated controlled substance crime in the first degree.
A person is guilty of aggravated controlled substance crime in the first degree
if the person violates subdivision 1, clause (1), (2), (3), (4), or (5), or
subdivision 2, paragraph (a), clause (1), (2), or (3) and the person or an
accomplice sells or possesses 100 or more grams or 500 or more dosage
units of a mixture containing the controlled substance at issue and;
(1) the person or an accomplice possesses on their person or within
immediate reach, or uses, whether by brandishing, displaying, threatening
with, or otherwise employing, a firearm; or
(2) the offense involves two aggravating factors.
Subd. 3. Penalty. (a) A person convicted under subdivisions 1 to 2a,
paragraph (a), may be sentenced to imprisonment for not more than 30 years
or to payment of a fine of not more than $1,000,000, or both;
(b) If the conviction is a subsequent controlled substance conviction, a
person convicted under subdivisions 1 to 2a, paragraph (a), shall be
committed to the commissioner of corrections for not less than four years nor
more than 40 years and, in addition, may be sentenced to payment of a fine
of not more than $1,000,000;
(c) If the defendant is convicted under subdivision 1, clause (1), (2), (3),
(4), or (5), or subdivision 2, paragraph (a), clause (1), (2), or (3), and the
defendant or an accomplice sold or possessed 100 or more grams or 500 or
more dosage units of a mixture containing the controlled substance at issue,
that person shall be committed to the commissioner of corrections for not less
than 65 months or the presumptive fixed sentence under the Minnesota
Sentencing Guidelines, whichever is greater, nor more than 40 years and may

355
be sentenced to payment of a fine of not more than $1,000,000, or both. If a
person to be sentenced under this paragraph for a conviction under
subdivision 2, paragraph (a), clause (1), (2), or (3), has not previously been
convicted of an offense under section 152.021, 152.022, or 152.023, or of a
similar offense by the United States or another state, the prosecutor may, prior
to the time of sentencing, file a motion to have the person sentenced without
regard to the mandatory minimum sentence established by this paragraph.
The motion shall be accompanied by a statement on the record of the reasons
for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to this mandatory minimum sentence if
the court finds substantial and compelling reasons to do so; such a sentence
is a departure from the Sentencing Guidelines.
(d) A person convicted under subdivision 2b shall be committed to the
commissioner of corrections for not less than 86 months or the presumptive
fixed sentence under the Minnesota Sentencing Guidelines, whichever is
greater, nor more than 40 years and may be sentenced to payment of a fine
of not more than $1,000,000, or both.
(e) In a prosecution under subdivisions 1 to 2b involving sales by the same
person in two or more counties within a 90-day period, the person may be
prosecuted for all of the sales in any county which one of the sales occurred.

152.022 CONTROLLED SUBSTANCE CRIME IN THE SECOND

DEGREE.
Subdivision 1. Sale crimes. A person is guilty of controlled substance
crime in the second degree if:
(1) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of ten grams or more containing a
narcotic drug other than heroin;
(2) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of three grams or more containing
cocaine or methamphetamine and:
(i) the person or accomplice possesses on their person or within
immediate reach, or uses, whether by brandishing, displaying, threatening
with, or otherwise employing, a firearm; or
(ii) the offense involves three aggravating factors:
(3) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of three grams or more containing
heroin;
(4) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of 10 grams or more containing
amphetamine, phencyclidine, or hallucinogen, or if the controlled substance is
packaged in dosage units equaling 50 or more dosage units;
(5) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of ten kilograms or more containing
marijuana or Tetrahydrocannabinols;
(6) the person unlawfully sells any amount of a Schedule I or II narcotic
drug to a person under the age of 18, or conspires with or employs a person
under the age of 18 to unlawfully sell the substance; or
(7) the person unlawfully sells any of the following in a school zone, a park
zone, a public housing zone, or a drug treatment facility:
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(i) any amount of a schedule I or II narcotic drug, lysergic acid

diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or amphetamine;
or
(iii) one or more mixtures of a total weight of five kilograms or more
containing marijuana or Tetrahydrocannabinols.
Subd. 2. Possession crimes. (a) A person is guilty of controlled
substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures of a total
weight of 25 grams or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total
weight of 10 grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within
immediate reach, or uses, whether by brandishing, displaying, threatening
with, or otherwise employing, a firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight
of six grams or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total
weight of 50 grams or more containing a narcotic drug other than cocaine,
heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total
weight of 50 grams or more containing amphetamine, phencyclidine, or
hallucinogen, or, if the controlled substance is packaged in dosage units,
equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight
of 25 kilograms or more containing marijuana or Tetrahydrocannabinols, or
possesses 100 or more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water
pipe may not be considered in measuring the weight of a mixture except in
cases where the mixture contains four or more fluid ounces of fluid.
Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may
be sentenced to imprisonment for not more than 25 years or to payment of a
fine of not more than $500,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a
person convicted under subdivision 1 or 2 shall be committed to the
commissioner of corrections for not less than three years nor more than 40
years and, in addition, may be sentenced to payment of a fine of not more
than $500,000.
(c) In a prosecution under subdivision 1 involving sales by the same
person in two or more counties within a 90-day period, the person may be
prosecuted for all of the sales in any county in which one of the sales occurred.

152.023 CONTROLLED SUBSTANCE CRIME IN THE THIRD

DEGREE.
Subdivision 1. Sale crimes. A person is guilty of controlled substance
crime in the third degree if:
(1) the person unlawfully sells one or more mixtures containing a narcotic
drug;

357
 (2) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures containing phencyclidine or hallucinogen, it is
packaged in dosage units, and equals ten or more dosage units;
(3) the person unlawfully sells one or more mixtures containing a
controlled substance classified in schedule I, II, or III, except a schedule I or II
narcotic drug, to a person under the age of 18;
(4) the person conspires with or employs a person under the age of 18 to
unlawfully sell one or more mixtures containing a controlled substance listed
in schedule I, II, or III, except a schedule I or II narcotic drug; or
(5) on one or more occasions within a 90-day period the person unlawfully
sells one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.
Subd. 2. Possession crimes. (a) A person is guilty of controlled
substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures of a total weight of ten grams or more
containing a narcotic drug other than heroin;
(2) on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures of a total weight of three grams or more
containing heroin;
(3) on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures containing a narcotic drug, it is packaged in
dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more
dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy
amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a
park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures of a total weight of ten kilograms or more
containing marijuana or Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public
housing zone, or a drug treatment facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water
pipe may not be considered in measuring the weight of a mixture except in
cases where the mixture contains four or more fluid ounces of fluid.
Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may
be sentenced to imprisonment for not more than 20 years or to payment of a
fine of not more than $250,000, or both.
(b) In a prosecution under subdivision 1 or 2 involving sales or acts of
possession by the same person in two or more counties within a 90-day
period, the person may be prosecuted in any county in which one of the sales
or acts of possession occurred.

152.024 CONTROLLED SUBSTANCE CRIME IN THE FOURTH

DEGREE.
Subdivision 1. Sale crimes. A person is guilty of controlled substance
crime in the fourth degree if:

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(1) the person unlawfully sells one or more mixtures containing a

controlled substance classified in schedule I, II, or III, except marijuana or
Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures containing a
controlled substance classified in schedule IV or V to a person under the age
of 18;
(3) the person conspires with or employs a person under the age of 18 to
unlawfully sell a controlled substance classified in schedule IV or V; or
(4) the person unlawfully sells any amount of marijuana or
Tetrahydrocannabinols in a school zone, a park zone, a public housing zone,
or a drug treatment facility, except a small amount for no remuneration.
Subd. 2. Possession crimes. A person is guilty of controlled substance
crime in the fourth degree if:
(1) the person unlawfully possesses one or more mixtures containing
phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten
or more dosage units; or
(2) the person unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule I, II, or III, except marijuana or
Tetrahydrocannabinols, with the intent to sell it.
Subd. 3. Penalty. A person convicted under subdivision 1 or 2 may be
sentenced to imprisonment for not more than 15 years or to payment of a fine
of not more than $100,000, or both.

152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH

DEGREE.
Subdivision 1. Sale crimes. A person is guilty of controlled substance
crime in the fifth degree and upon conviction may be sentenced as provided
in subdivision 4 if:
(1) the person unlawfully sells one or more mixtures containing marijuana
or Tetrahydrocannabinols, except a small amount of marijuana for no
remuneration; or
(2) the person unlawfully sells one or more mixtures containing a
controlled substance classified in schedule IV.
Subd. 2. Possession and other crimes. A person is guilty of controlled
substance crime in the fifth degree and upon conviction may be sentenced as
provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule I, II, III, or IV, except a small
amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control
over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be,
a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy
licensed to practice medicine, dentist, podiatrist, veterinarian, or other
authorized person for the purpose of obtaining a controlled substance.
Subd. 3 [Repealed, 2009 c 83 art 3 s 24]
Subd. 4. Penalty. (a) A person convicted under the provisions of
subdivision 2, clause (1), who has not been previously convicted of a violation

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of this chapter or similar offense in another jurisdiction, is guilty of a gross
misdemeanor if: (1) the amount of the controlled substance possessed, other
than heroin, is less than 0.25 grams or one dosage unit or less if the controlled
substance was possessed in dosage units; or (2) the controlled substance
possessed is heroin and the amount possessed is less than 0.05 grams.
(b) A person convicted under the provisions of subdivision 1; subdivision
2, clause (1), unless the conduct is described in paragraph (a); or subdivision
2, clause (2) , may be sentenced to imprisonment for not more than five years
or to payment of a find of not more than $10,000 or both.

152.026 MANDATORY SENTENCES.

A defendant convicted and sentenced to a mandatory sentence under
section 152.021 or 152.022 is not eligible for probation, parole, discharge, or
supervised release until that person has served the full term of imprisonment
as provided by law, notwithstanding sections 242.19, 243.05, 609.12, and
609.135. "Term of imprisonment" has the meaning given in section 244.01,
subdivision 8.

152.0261 IMPORTING CONTROLLED SUBSTANCES ACROSS

STATE BORDERS.
Subdivision 1. Felony. A person who crosses a state or international
border into Minnesota while in possession of an amount of a controlled
substance that constitutes a first-degree controlled substance crime under
section 152.021, subdivision 2, is guilty of importing controlled substances and
may be sentenced as provided in subdivision 3.
Subd. 1a. Use of person under 18 to import. A person who conspires
with or employs a person under the age of 18 to cross a state or international
border into Minnesota while that person or the person under the age of 18 is
in possession of an amount of a controlled substance that constitutes a
controlled substance crime under sections 152.021 to 152.025 and 152.0262,
with the intent to obstruct the criminal justice process, is guilty of importing
controlled substances and may be sentenced as provided in subdivision 3.
Subd. 2. Jurisdiction. A violation of this section may be charged,
indicted, and tried in any county, but not more than one county, into or through
which the actor has brought the controlled substance.
Subd. 3. Penalty. A person convicted of violating this section is guilty of
a felony and may be sentenced to imprisonment for not more than 35 years or
to payment of a fine of not more than $1,250,000, or both.

152.0262 POSSESSION OF SUBSTANCES WITH INTENT TO

MANUFACTURE METHAMPHETAMINE CRIME.
Subdivision 1. Possession of precursors. (a) A person is guilty of a
crime if the person possesses any chemical reagents or precursors with the
intent to manufacture methamphetamine and if convicted 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) A person is guilty of a crime if the person possesses any chemical
reagents or precursors with the intent to manufacture methamphetamine and
may be sentenced to imprisonment for not more than 15 years or to payment

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of a fine of not more than $30,000, or both, if the conviction is for a subsequent
controlled substance conviction.
As used in this section, "chemical reagents or precursors" includes any of
the following substances, or any similar substances that can be used to
manufacture methamphetamine, or the salts, isomers, and salts of isomers of
a listed or similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia,
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
Subd. 2. Repealed, 2009 c 83 a 2 s 50

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.

Subdivision 1. Sale of schedule V controlled substance. Except as
provided in section 152.02, subdivision 6, person who unlawfully sells one or
more mixtures containing a controlled substance classified in schedule V 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. 2. Possession of schedule V controlled substance. Except as
provided in section 152.02, subdivision 6, a person who unlawfully possesses
one or more mixtures containing a controlled substance classified in schedule
V 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. The court may order that a person
who is convicted under this subdivision and placed on probation be required
to take part in a drug education program as specified by the court.
Subd. 3. Possession of marijuana in a motor vehicle. A person is
guilty of a misdemeanor if the person is the owner of a private motor vehicle,
or is the driver of the motor vehicle if the owner is not present, and possesses
on the person, or knowingly keeps or allows to be kept within the area of the
vehicle normally occupied by the driver or passengers, more than 1.4 grams
of marijuana. This area of the vehicle does not include the trunk of the motor
vehicle if the vehicle is equipped with a trunk, or another area of the vehicle

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not normally occupied by the driver or passengers if the vehicle is not
equipped with a trunk. A utility or glove compartment is deemed to be within
the area occupied by the driver and passengers.
Subd. 4. Possession or sale of small amounts of marijuana. (a) A
person who unlawfully sells a small amount of marijuana for no remuneration,
or who unlawfully possesses a small amount of marijuana is guilty of a petty
misdemeanor and shall be required to participate in a drug education program
unless the court enters a written finding that a drug education program is
inappropriate. The program must be approved by an area mental health board
with a curriculum approved by the state alcohol and drug abuse authority.
(b) A person convicted of an unlawful sale under paragraph (a) who is
subsequently convicted of an unlawful sale under paragraph (a) within two
years is guilty of a misdemeanor and shall be required to participate in a
chemical dependency evaluation and treatment if so indicated by the
evaluation.
(c) A person who is convicted of a petty misdemeanor under paragraph
(a) who willfully and intentionally fails to comply with the sentence imposed, is
guilty of a misdemeanor. Compliance with the terms of the sentence imposed
before conviction under this paragraph is an absolute defense.
Subd. 5. Sale or possession of salvia divinorum. (a) A person who
unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a
gross misdemeanor.
(b) A person who unlawfully possesses any amount of salvia divinorum or
salvinorin A is guilty of a misdemeanor.
Subd. 6. Sale or possession of synthetic cannabinoids. (a) As used
in this subdivision, "synthetic cannabinoid" includes any substance included in
section 152.02, subdivision 2, paragraph (h), clause (3).
(b) A person who unlawfully sells a synthetic cannabinoid for no
remuneration is guilty of a gross misdemeanor.
(c) A person who unlawfully sells a synthetic cannabinoid is guilty of a
felony and if convicted 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.
(d) A person who unlawfully possesses any amount of a synthetic
cannabinoid is guilty of a misdemeanor.
(e) Notwithstanding any contrary provision in sections 152.021 to
152.025, this subdivision describes the exclusive penalties for the sale and
possession of synthetic cannabinoid.
Subd. 7. Sale or possession of kratom. (a) A person who unlawfully
sells any amount of kratom or a substance that contains mitragynine or 7-
hydroxymitragynine to a person under the age of 18 is guilty of a gross
misdemeanor.
(b) A person under the age of 18 who unlawfully possesses any amount
of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is
guilty of a misdemeanor.

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LOCATION OF USE, SALE, MANUFACTURE

152.0271 NOTICE OF DRUG CONVICTIONS; DRIVER'S

LICENSE REVOCATION.
When a person is convicted of violating a provision of sections 152.021 to
152.027 and 152.0262, the sentencing court shall determine whether the
person unlawfully sold or possessed the controlled substance while driving a
motor vehicle. If so, the court shall notify the commissioner of public safety of
its determination and order the commissioner to revoke the person's driver's
license for 30 days. If the person does not have a driver's license or if the
person's driver's license is suspended or revoked at the time of the conviction,
the commissioner shall delay the issuance or reinstatement of the person's
driver's license for 30 days after the person applies for the issuance or
reinstatement of the license. Upon receipt of the court's order, the
commissioner is authorized to take the licensing action without a hearing.

152.0273 SYNTHETIC DRUG SALES; MANDATORY

RESTITUTION.
The court shall order a person convicted of selling a controlled
substance or analog of a controlled substance under the false pretense that
the substance is legal to pay restitution for the costs and expenses resulting
from the crime. Costs and expenses include, but are not limited to, the medical
costs of persons who consumed the substances sold by the offender and the
reasonable costs incurred by public and private entities that provided an
emergency response to a person who consumed the substances sold by the
offender.

152.0275 CERTAIN CONTROLLED SUBSTANCE OFFENSES;

RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE
PROVISIONS.
Subdivision 1. Restitution. (a) As used in this subdivision:
(1) “clandestine lab site” means any structure or conveyance or outdoor
location occupied or affected by conditions or chemicals typically associated
with the manufacturing of methamphetamine;
(2) “emergency response” includes, but is not limited to, removing and
collecting evidence, securing the site, removal, remediation, and hazardous
chemical assessment or inspection of the site where the relevant offense or
offenses took place, regardless of whether these actions are performed by the
public entities themselves or by private contractors paid by the public entities,
or the property owner;
(3) “remediation” means proper cleanup, treatment, or containment of
hazardous substances or methamphetamine at or in a clandestine lab site,
and may include demolition or disposal of structures or other property when
an assessment so indicates; and
(4) “removal” means the removal from the clandestine lab site of precursor
or waste chemicals, chemical containers, or equipment associated with the
manufacture, packaging, or storage of illegal drugs.
(b) A court may require a person convicted of manufacturing or attempting
to manufacture a controlled substance or of an illegal activity involving a

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precursor substance, where the response to the crime involved an emergency
response, to pay restitution to all public entities that participated in the
response. The restitution ordered may cover the reasonable costs of their
participation in the response.
(c) In addition to the restitution authorized in paragraph (b), a court may
require a person convicted of manufacturing or attempting to manufacture a
controlled substance or of illegal activity involving a precursor substance to
pay restitution to a property owner who incurred removal or remediation costs
because of the crime.
Subd. 2. Property-related prohibitions; notice; Web site. (a) As used
in this subdivision:
(1) “clandestine lab site” has the meaning given in subdivision 1,
paragraph (a);
(2) “property” means publicly or privately owned real property including
buildings and other structures, motor vehicles as defined in section 609.487,
subdivision 2a, public waters, and public rights-of-way;
(3) “remediation” has the meaning given in subdivision 1, paragraph (a);
and
(4) “removal” has the meaning given in subdivision 1, paragraph (a).
(b) A peace officer who arrests a person at a clandestine lab site shall
notify the appropriate county or local health department, state duty officer, and
child protection services of the arrest and the location of the site.
(c) A county or local health department or sheriff shall order that any
property or portion of a property that has been found to be a clandestine lab
site and contaminated by substances, chemicals, or items of any kind used in
the manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing
methamphetamine be prohibited from being occupied or used until it has been
assessed and remediated as provided in the Department of Health’s
clandestine drug labs general cleanup guidelines. The remediation shall be
accomplished by a contractor who will make the verification required under
paragraph (e).
(d) Unless clearly inapplicable, the procedures specified in chapter 145A
and any related rules adopted under that chapter addressing the enforcement
of public health laws, the removal and abatement of public health nuisances,
and the remedies available to property owners or occupants apply to this
subdivision.
(e) Upon the proper removal and remediation of any property used as a
clandestine lab site, the contractor shall verify to the property owner and the
applicable authority that issued the order under paragraph (c) that the work
was completed according to the Department of Health’s clandestine drug labs
general cleanup guidelines and best practices. The contractor shall provide
the verification to the property owner and the applicable authority within five
days from the completion of the remediation. Following this, the applicable
authority shall vacate its order.
(f) If a contractor issues a verification and the property was not remediated
according to the Department of Health’s clandestine drug labs general cleanup
guidelines, the contractor is liable to the property owner for the additional costs
relating to the proper remediation of the property according to the guidelines
and for reasonable attorney fees for collection of costs by the property owner.

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An action under this paragraph must be commended within six years from
the date on which the verification was issued by the contractor.
(g) If the applicable authority determines under paragraph (c) that a motor
vehicle has been contaminated by substances, chemicals, or items of any kind
used in the manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing
methamphetamine and if the authority is able to obtain the certificate of title
for the motor vehicle, the authority shall notify the registrar of motor vehicles
of this fact and in addition, forward the certificate of title to the registrar. The
authority shall also notify the registrar when it vacates its order under
paragraph (e).
(h) The applicable authority issuing an order under paragraph (c) shall
record with the county recorder or registrar of titles of the county where the
clandestine lab is located an affidavit containing the name of the owner, a legal
description of the property where the clandestine lab was located, and a map
drawn from available information showing the boundary of the property and
the location of the contaminated area on the property that is prohibited from
being occupied or used that discloses to any potential transferee:
(1) that the property, or portion of the property, was the site of a
clandestine lab;
(2) the location, condition, and circumstances of the clandestine lab, to
the full extent known or reasonably ascertainable; and
(3) that the use of the property or some portion of it may be restricted as
provided by paragraph (c).
If an inaccurate drawing or description is filed, the authority, on request of
the owner or another interested person, shall file a supplemental affidavit with
a corrected drawing or description.
If the authority vacates its order under paragraph (e), the authority shall
record an affidavit that contains the recording information of the above affidavit
and states that the order is vacated. Upon filing the affidavit vacating the
order, the affidavit and the affidavit filed under this paragraph, together with
the information set forth in the affidavits, cease to constitute either actual or
constructive notice.
(i) If proper removal and remediation has occurred on the property, an
interested party may record an affidavit indicating that this has occurred. Upon
filing the affidavit described in this paragraph, the affidavit and the affidavit
filed under paragraph (g), together with the information set forth in the
affidavits, cease to constitute either actual or constructive notice. Failure to
record an affidavit under this section does not affect or prevent any transfer of
ownership of the property.
(j) The county recorder or registrar of titles must record all affidavits
presented under paragraph (g) or (h) in a manner that assures their disclosure
in the ordinary course of a title search of the subject property.
(k) The commissioner of health shall post on the Internet contact
information for each local community health services administrator.
(l) Each local community health services administrator shall maintain
information related to property within the administrator’s jurisdiction that is
currently or was previously subject to an order issued under paragraph (c).
The information maintained must include the name of the owner, the location
of the property, the extent of the contamination, the status of the removal and

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remediation work on the property, and whether the order has been vacated.
The administrator shall make this information available to the public either
upon request or by other means.
(m) Before signing an agreement to sell or transfer real property, the seller
or transferor must disclose in writing to the buyer or transferee if, to the seller’s
or transferor’s knowledge, methamphetamine production has occurred on the
property. If methamphetamine production has occurred on the property, the
disclosure shall include a statement to the buyer or transferee informing the
buyer or transferee:
(1) whether an order has been issued on the property as described in
paragraph (c);
(2) whether any orders issued against the property under paragraph (c)
have been vacated under paragraph (i); or
(3) if there was no order issued against the property and the seller or
transferor is aware that methamphetamine production has occurred on the
property, the status of removal and remediation on the property.
(n) Unless the buyer or transferee and seller or transferor agree to the
contrary in writing before the closing of the sale, a seller or transferor who fails
to disclose, to the best of their knowledge, at the time of sale any of the facts
required, and who knew or had reason to know of methamphetamine
production on the property, is liable to the buyer or transferee for:
(1) costs relating to remediation of the property according to the
Department of Health’s clandestine drug labs general cleanup guidelines and
best practices; and
(2) reasonable attorney fees for collection of costs from the seller or
transferor.
An action under this paragraph must be commenced within six years after
the date on which the buyer or transferee closed the purchase or transfer of
the real property where the methamphetamine production occurred.
(o) This section preempts all local ordinances relating to the sale or
transfer of real property designated as a clandestine lab site.

152.028 PERMISSIVE INFERENCE OF KNOWING

POSSESSION.
Subdivision 1. Residences. The presence of a controlled substance in
open view in a room, other than a public place, under circumstances evincing
an intent by one or more of the persons present to unlawfully mix, compound,
package, or otherwise prepare for sale the controlled substance permits the
fact finder to infer knowing possession of the controlled substance by each
person in close proximity to the controlled substance when the controlled
substance was found. The permissive inference does not apply to any person
if:
(1) one of them legally possesses the controlled substance; or
(2) the controlled substance is on the person of one of the occupants.
Subd. 2. Passenger automobiles. The presence of a controlled
substance in a passenger automobile permits the fact finder to infer knowing
possession of the controlled substance by the driver or person in control of the
automobile when the controlled substance was in the automobile. This
inference may only be made if the defendant is charged with violating section

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 Criminal Code

152.021, 152.022, 152.023,152.0261 or 152.0262. The inference does not

apply:
(1) to a duly licensed operator of an automobile who is at the time
operating it for hire in the lawful and proper pursuit of the operator's trade;
(2) to any person in the automobile if one of them legally possesses a
controlled substance; or
(3) when the controlled substance is concealed on the person of one of
the occupants.

152.029 PUBLIC INFORMATION: SCHOOL ZONES, PARK

ZONES, PUBLIC HOUSING ZONES, AND DRUG TREATMENT
FACILITIES.
The attorney general shall disseminate information to the public relating
to the penalties for committing controlled substance crimes in park zones,
school zones, public housing zones, and drug treatment facilities. The
attorney general shall draft a plain language version of sections 152.022 and
152.023 and relevant provisions of the Sentencing Guidelines, that describes
in a clear and coherent manner using words with common and everyday
meanings the content of those provisions. The attorney general shall publicize
and disseminate the plain language version as widely as practicable, including
distributing the version to school boards, local governments, and
administrators and occupants of drug treatment facilities and public housing.
152.03 Repealed, 1969 c 933 s 22
152.04 Repealed, 1969 c 933 s 22
152.041 Repealed, 1971 c 937 s 33
152.05 Repealed, 1969 c 933 s 22
152.06 Repealed, 1969 c 933 s 22
152.07 Repealed, 1969 c 933 s 22
152.08 Repealed, 1969 c 933 s 22
152.09 Repealed, 1989 c 290 art 3 s 37

DRUG PARAPHERNALIA

152.092 POSSESSION OF DRUG PARAPHERNALIA

PROHIBITED.
(a) It is unlawful for any person knowingly or intentionally to use or to
possess drug paraphernalia. Any violation of this section is a petty
misdemeanor.
(b) A person who violates paragraph (a) and has previously violated
paragraph (a) on two or more occasions has committed a crime and may
be sentenced to imprisonment for up to 90 days or to payment of a fine
up to $1,000, or both.

152.093 MANUFACTURE OR DELIVERY OF DRUG

PARAPHERNALIA PROHIBITED.
It is unlawful for any person knowingly or intentionally to deliver drug
paraphernalia or knowingly or intentionally to possess or manufacture drug
paraphernalia for delivery. Any violation of this section is a misdemeanor.

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152.094 DELIVERY OF DRUG PARAPHERNALIA TO A MINOR
PROHIBITED.
Any person 18 years of age or older who violates section 152.093 by
knowingly or intentionally delivering drug paraphernalia to a person under 18
years of age who is at least three years younger is guilty of a gross
misdemeanor.

152.095 ADVERTISEMENT OF DRUG PARAPHERNALIA

PROHIBITED.
It is unlawful for any person knowingly or intentionally to place in any
newspaper, magazine, handbill, or other publication any advertisement or
promotion for the sale of drug paraphernalia. A violation of this section is a
misdemeanor.

CONSPIRACIES

152.096 CONSPIRACIES PROHIBITED.

Subdivision 1. Prohibited acts; penalties. Any person who conspires
to commit any act prohibited by this chapter, except possession or distribution
for no remuneration of a small amount of marijuana as defined in section
152.01, subdivision 16, is guilty of a felony and upon conviction may be
imprisoned, fined, or both, up to the maximum amount authorized by law for
the act the person conspired to commit.
Subd. 2. Conviction of coconspirator not required. A person liable
under this section may be charged with and convicted of conspiracy although
the person or persons with whom that person conspired have not been
convicted or have been convicted of some other crime based on the same act.

SIMULATED CONTROLLED SUBSTANCES

152.097 SIMULATED CONTROLLED SUBSTANCES.

Subdivision 1. Prohibition. It is unlawful for any person knowingly to
manufacture, sell, transfer or deliver or attempt to sell, transfer or deliver a
noncontrolled substance upon:
(1) the express representation that the noncontrolled substance is a
narcotic or nonnarcotic controlled substance; or
(2) the express representation that the substance is of such nature or
appearance that the recipient of the delivery will be able to sell, transfer or
deliver the substance as a controlled substance; or
(3) under circumstances which would lead a reasonable person to believe
that the substance was a controlled substance. Any of the following factors
shall constitute relevant evidence:
(i) the noncontrolled substance was packaged in a manner normally used
for the illegal delivery of controlled substances; or
(ii) the delivery or attempted delivery included an exchange of or demand
for money or other valuable property as consideration for delivery of the
noncontrolled substance, and the amount of the consideration was

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substantially in excess of the reasonable value of the noncontrolled substance;

or
(iii) the physical appearance of the noncontrolled substance is
substantially identical to a specified controlled substance.
Subd. 2. No defense. In any prosecution under this section, it is no
defense that the accused believed the noncontrolled substance to actually be
a controlled substance.
Subd. 3. Exemption. This section does not apply to the prescribing and
dispensing of placebos by licensed practitioners and licensed pharmacists.
Subd. 4. Penalty. A person who violates this section may be sentenced
to imprisonment for not more than three years or to payment of a fine of not
more than $20,000, or both. Sentencing for a conviction for attempting to sell,
transfer, or deliver a noncontrolled substance in violation of this section is
governed by section 609.17, subdivision 4.

PRECURSORS OF CONTROLLED SUBSTANCES

152.0971 TERMS.
Subdivision 1. Terms. For purposes of sections 152.0971 to 152.0974,
the following terms have the meanings given.
Subd. 1a. Authorized agent. An "authorized agent" is an individual
representing a business who is responsible for the disbursement or custody
of precursor substances.
Subd. 2. Furnish. "Furnish" means to sell, transfer, deliver, send, or
supply a precursor substance by any other means.
Subd. 2a. Purchaser. A "purchaser" is a manufacturer, wholesaler,
retailer, or any other person in this state who receives or seeks to receive a
precursor substance.
Subd. 2b. Receive. "Receive" means to purchase, receive, collect, or
otherwise obtain a precursor substance from a supplier.
Subd. 3. Supplier. A "supplier" is a manufacturer, wholesaler, retailer, or
any other person in this or any other state who furnishes a precursor
substance to another person in this state.

152.0972 PRECURSORS OF CONTROLLED SUBSTANCES.

Subdivision 1. Precursor substances. The following precursors of
controlled substances are "precursor substances":
(1) phenyl-2-propanone;
(2) methylamine;
(3) ethylamine;
(4) d-lysergic acid;
(5) ergotamine tartrate;
(6) diethyl malonate;
(7) malonic acid;
(8) hydriodic acid;
(9) ethyl malonate;
(10) barbituric acid;
(11) piperidine;
(12) n-acetylanthranilic acid;

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 (13) pyrrolidine;
(14) phenylacetic acid;
(15) anthranilic acid;
(16) ephedrine;
(17) pseudoephedrine;
(18) norpseudoephedrine;
(19) phenylpropanolamine;
(20) propionic anhydride;
(21) isosafrole;
(22) safrole;
(23) piperonal;
(24) thionylchloride;
(25) benzyl cyanide;
(26) ergonovine maleate;
(27) n-methylephedrine;
(28) n-ethylpseudoephedrine;
(29) n-methypseudoephedrine;
(30) chloroephedrine;
(31) chloropseudophedrine; and
(32) any substances added to this list by rule adopted by the state Board
of Pharmacy.
Subd. 2. Adoption of Rules. The state board of pharmacy may adopt
rules under chapter 14 that add a substance to the list in subdivision 1, if the
substance is a precursor to a controlled substance, or delete a substance from
the list. A rule adding or deleting a substance is effective only until December
31 of the year following the calendar year during which the rule was adopted.

152.0973 REPORT OF TRANSACTION.

Subdivision 1. Predelivery notice. A supplier who furnishes a precursor
substance to a person in this state shall, not less than 21 days before delivery
of the substance, submit to the bureau of criminal apprehension a report of the
transaction that includes the identification information specified in subdivision
3.
Subd. 1a. Report of precursor substances received from out of state.
A purchaser of a precursor substance from outside of Minnesota shall, not less
than 21 days before taking possession of the substance, submit to the bureau
of criminal apprehension a report of the transaction that includes the
identification information specified in subdivision 3.
Subd. 2. Regular reports. The bureau may authorize a purchaser or
supplier to submit the reports on a monthly basis with respect to repeated,
regular transactions between the supplier and the purchaser involving the
same substance if the superintendent of the bureau of criminal apprehension
determines that:
(1) a pattern of regular supply of the precursor substance exists between
the supplier and the purchaser of the substance; or
(2) the purchaser has established a record of utilizing the precursor
substance for lawful purposes.
Subd. 2a. Report of missing precursor substance. A supplier or
purchaser who discovers a discrepancy between the quantity of precursor
substance shipped and the quantity of precursor substance received shall

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report the discrepancy to the bureau of criminal apprehension within three

days of knowledge of the discrepancy. The report must include:
(1) the complete name and address of the purchaser;
(2) the type of precursor substance missing;
(3) whether the precursor substance is missing due to theft, loss, or
shipping discrepancy;
(4) the method of delivery used;
(5) the name of the common carrier or person who transported the
substance; and
(6) the date of the shipment.
Subd. 3. Proper Identification. A report submitted by a supplier or
purchaser under this section must include:
(1) the purchaser's driver's license number or state identification number
and residential or mailing address other than a post office box number taken
from the purchaser's driver's license or state identification card, if the
purchaser is not an authorized agent;
(2) the motor vehicle license number of the motor vehicle operated by the
purchaser at the time of sale, if the purchaser is not an authorized agent;
(3) a complete description of how the precursor substance will be used, if
the purchaser is not an authorized agent;
(4) a letter of authorization from the business for which the precursor
substance is being furnished, including the state tax identification number and
address of the business, a full description of how the precursor substance is
to be used, and the signature of the authorized agent for the purchaser;
(5) the signature of the supplier as a witness to the signature and
identification of the purchaser;
(6) the type and quantity of the precursor substance;
(7) the method of delivery used; and
(8) the complete name and address of the supplier.
Subd. 4. Retention of records. A supplier shall retain a copy of reports
filed under subdivisions 1, 2, and 2a for five years. A purchaser shall retain a
copy of reports filed under subdivisions 1a and 2a for five years.
Subd. 5. Inspections. All records relating to sections 152.0971 to
152.0974 shall be open to inspection by the bureau of criminal apprehension
during regular business hours.
Subd. 6. Penalties (a) A person who does not submit a report as required
by this section is guilty of a misdemeanor.
(b) A person who knowingly submits a report required by this section with
false or fictitious information is guilty of a gross misdemeanor.
(c) A person who is convicted a second or subsequent time of violating
paragraph (a) is guilty of a gross misdemeanor if the subsequent offense
occurred after the earlier conviction.

152.0974 EXCEPTIONS.
Sections 152.0971 to 152.0974 do not apply to:
(1) a pharmacist or other authorized person who sells or furnishes a
precursor substance on the prescription of a physician, dentist, podiatrist, or
veterinarian;
(2) a physician, dentist, podiatrist, or veterinarian who administers or
furnishes a precursor substance to patients;

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 (3) a manufacturer or wholesaler licensed by the state board of pharmacy
who sells, transfers, or otherwise furnishes a precursor substance to a
licensed pharmacy, physician, dentist, podiatrist, or veterinarian; or
(4) the furnishing or receipt of a drug that contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and is
lawfully furnished over the counter without a prescription under the federal
Food, Drug, and Cosmetic Act, United States Code, title 21, chapter 9, or
regulations adopted under that act.

SALES AND RECORDS

152.10 SALES, PERSONS ELIGIBLE.

No person other than a licensed pharmacist, assistant pharmacist or
pharmacist intern under the supervision of a pharmacist shall sell a stimulant
or depressant drug and then only as provided in sections 152.021 to 152.12
and 152.0262.

152.101 MANUFACTURERS, RECORDS.

Subdivision 1. Preparation of record. Every person engaged in
manufacturing, compounding, processing, selling, delivering or otherwise
disposing of any controlled substance shall, upon July 1, 1971, May 1, 1973,
and every second year thereafter, prepare a complete and accurate record of
all stocks of each controlled substance on hand and shall keep such record
for two years. When additional controlled substances are designated after July
1, 1971, a similar record must be prepared upon the effective date of their
designation. On and after July 1, 1971, every person manufacturing,
compounding or processing any controlled substance shall prepare and keep,
for not less than two years, a complete and accurate record of the kind and
quantity of each drug manufactured, compounded or processed and the date
of such manufacture, compounding, or processing; and every person selling,
delivering, or otherwise disposing of any controlled substance shall prepare or
obtain, and keep for not less than two years, a complete and accurate record
of the kind and quantity of each such controlled substance received, sold,
delivered, or otherwise disposed of, the name and address from whom it was
received and to whom it was sold, delivered or otherwise disposed of, and the
date of such transaction. The form of such records shall be prescribed by the
state board of pharmacy.
Subd. 2. Application to doctors. This section shall not apply to a
licensed doctor of medicine, a doctor of osteopathy duly licensed to practice
medicine, a licensed doctor of dentistry, a licensed doctor of podiatry, or
licensed doctor of veterinary medicine in the course of that doctor's
professional practice, unless such practitioner regularly engages in dispensing
any such drugs to the practitioner's patients for which the patients are charged,
either separately or together with charges for other professional services.
Subd. 3. Research exception. This section shall not apply to a person
engaged in bona fide research conducted under an exemption granted under
applicable federal law.

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PRESCRIPTIONS

152.105 DISPOSAL
Subd. 1. Disposal of Controlled Substances. Controlled
substances listed in section 152.02, subdivision 3 to 6, may be collected and
disposed of only pursuant to the provisions of Code of Federal Regulations,
Title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that are applicable to
the disposal of controlled substances. Disposal of controlled substances and
legend and nonlegend drugs must also comply with the requirements of
section 116.07 governing the disposal of hazardous waste, and the rules of
promulgated thereunder.
Subd. 2. Sheriff to maintain collection receptacle. (a) The Sheriff
of each county shall maintain or contract for the maintenance of at least one
collection receptacle for the disposal of noncontrolled substances,
pharmaceutical controlled substances, and other legend drugs, as permitted
by federal law. For purposes of this section, “legend drug” has the meaning
given in section 151.01, subdivision 17. The collection receptacle must comply
with federal law. In maintaining and operating the collection receptacle, the
sheriff shall follow all applicable provisions of Code of Federal Regulations,
title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended through
May 1, 2017.
(b) A sheriff may meet the requirements of paragraph (a) by providing
public educational information and making an alternative method available to
the public, at no charge, for safely destroying unwanted legend drugs,
including an at-home prescription drug deactivation and disposal product, so
long as the alternative method meets the requirements of the Minnesota
Pollution Control Agency, the United States Drug Enforcement Administration,
and the Board of Pharmacy.

152.11 PRESCRIPTIONS.
Subdivision 1. General prescription requirements for controlled
substances. (a) A written prescription or an oral prescription reduced to
writing, when issued for a controlled substance in Schedule II, III, IV, or V, is
void unless (1) it is written in ink and contains the name and address of the
person for whose use it is intended; (2) it states the amount of the controlled
substance to be compounded or dispensed, with directions for its use; (3) if a
written prescription, it contains the handwritten signature, address, and federal
registry number of the prescriber and a designation of the branch of the
healing art pursued by the prescriber; and if an oral prescription, the name and
address of the prescriber and a designation of the prescriber's branch of the
healing art; and (4) it shows the date when signed by the prescriber, or the
date of acceptance in the pharmacy if an oral prescription.
(b) An electronic prescription for a controlled substance in Schedule II, III,
IV, or V is void unless it complies with the standards established pursuant to
section 62J.497 and with those portions of Code of Federal Regulations, title
21, parts 1300, 1304, 1306 and 1311 that pertain to electronic prescriptions.
(c) A prescription for a controlled substance in Schedule II, III, IV, or V that
is transmitted by facsimile, either computer to facsimile machine or facsimile

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machine to facsimile machine, is void unless it complies with the applicable
requirements of Code of Federal Regulations, title 21, part 1306.
(d) Every licensed pharmacy that dispenses a controlled substance
prescription shall retain the original prescription in a file for a period of not less
than two years, open to inspection by any officer of the state, county, or
municipal government whose duty it is to aid and assist with the enforcement
of this chapter. An original electronic or facsimile prescription may be stored
in an electronic database, provided that the database provides a means by
which original prescriptions can be retrieved, as transmitted to the pharmacy,
for a period of not less than two years.
(e) Every licensed pharmacy shall distinctly label the container in which a
controlled substance is dispensed with the directions contained in the
prescription for the use of that controlled substance.
Subd. 1a. Prescription requirements for Schedule II controlled
substances. No person may dispense a controlled substance included in
Schedule II of section 152.02 without a prescription issued by a doctor of
medicine, a doctor of osteopathy licensed to practice medicine, a doctor of
dental surgery, a doctor of dental medicine, a doctor of podiatry, or a doctor of
veterinary medicine, lawfully licensed to prescribe in this state or by a
practitioner licensed to prescribe controlled substances by the state in which
the prescription is issued, and having a current federal Drug Enforcement
Administration registration number. The prescription must either be printed or
written in ink and contain the handwritten signature of the prescriber or be
transmitted electronically or by facsimile as permitted under subdivision 1.
Provided that in emergency situations, as authorized by federal law, such drug
may be dispensed upon oral prescription reduced promptly to writing and filed
by the pharmacist. Such prescriptions shall be retained in conformity with
section 152.101. No prescription for a Schedule II substance may be refilled.
Subd. 2. Prescription requirements for Schedule III or IV controlled
substances. No person may dispense a controlled substance included in
schedule III or IV of section 152.02 without a prescription issued, as permitted
under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
to practice medicine, a doctor of dental surgery, a doctor of dental medicine,
a doctor of podiatry, a doctor of optometry limited to schedule IV, or a doctor
of veterinary medicine, lawfully licensed to prescribe in this state or from a
practitioner licensed to prescribe controlled substances by the state in which
the prescription is issued, and having a current federal drug enforcement
administration registration number. Such prescription may not be dispensed
or refilled except with the documented consent of the prescriber, and in no
event more than six months after the date on which such prescription was
issued and no such prescription may be refilled more than five times.
Subd. 2a. Federal registration number exemption. A prescription
need not bear a federal drug enforcement administration registration number
that authorizes the prescriber to prescribe controlled substances if the drug
prescribed is not a controlled substance in schedule II, III, IV, or V. No person
shall impose a requirement inconsistent with this subdivision.
Subd. 2b. Restriction on release of federal registration number. No
person or entity may offer for sale, sell, lease, or otherwise release a federal
drug enforcement administration registration number for any reason, except
for drug enforcement purposes authorized by this chapter and the federal

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controlled substances registration system. For purposes of this section, an

entity includes a state governmental agency or regulatory board, a health plan
company as defined under section 62Q.01, subdivision 4, a managed care
organization as defined under section 62Q.01, subdivision 5, or any other
entity that maintains prescription data.
Subd. 2c. Restriction on use of federal registration number. No entity
may use a federal drug enforcement administration registration number to
identify or monitor the prescribing practices of a prescriber to whom that
number has been assigned, except for drug enforcement purposes authorized
by this chapter and the federal controlled substances registration system. For
purposes of this section, an entity includes a health plan company as defined
under section 62Q.01, subdivision 4, a managed care organization as defined
under section 62Q.01, subdivision 5, or any other entity that maintains
prescription data.
Subd. 2d. Identification requirement for controlled substance
prescriptions. No person may dispense a controlled substance included in
Schedules II through V without requiring the person purchasing the controlled
substance, who need not be the patient for whom the controlled substance
prescription is written, to present valid photographic identification, unless the
person purchasing the controlled substance is known to the dispenser. A
doctor of veterinary medicine who dispenses a controlled substance must
comply with this subdivision.
Subd. 3. Dispensing orphan drugs. For the purpose of this section,
nothing shall prohibit the dispensing of orphan drugs prescribed by a person
practicing in and licensed by another state as a physician, dentist, veterinarian,
or podiatrist; who has a current federal drug enforcement administration
registration number; and who may legally prescribe Schedule II, III, IV, or V
controlled substances in that state.
Subd. 4 Limit on quantity of opiates prescribed. (a) When used for the
treatment of acute pain, prescriptions for opiates or narcotic pain relievers
listed in Schedules II through IV in section 152.02 shall not exceed a seven-
day supply for an adult and shall not exceed a five-day supply for a minor
under 18 years of age.
(b) Notwithstanding paragraph (a), when used for the treatment of acute
dental pain, including acute pain associated with wisdom teeth extraction
surgery or acute pain associated with refractive surgery, prescriptions for
opiate or narcotic pain relievers listed in Schedules II through IV of section
152.02 shall not exceed a four-day supply.
(c) For the purposes of this subdivision, "acute pain" means pain resulting
from disease, accidental or intentional trauma, surgery, or another cause, that
the practitioner reasonably expects to last only a short period of time. Acute
pain does not include chronic pain or pain being treated as part of cancer care,
palliative care, or hospice or other end-of-life care.
(d) Notwithstanding paragraph (a) or (b), if, in the professional clinical
judgment of a practitioner, more than the limit specified in paragraph (a) or (b)
is required to treat a patient's acute pain, the practitioner may issue a
prescription for the quantity needed to treat the patient's acute pain.

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152.12 HEALTH CARE PROVIDERS MAY PRESCRIBE.
Subdivision 1. Prescribing, dispensing, administering controlled
substances in schedules II through V. A licensed doctor of medicine, a
doctor of osteopathy, duly licensed to practice medicine, a doctor of dental
surgery, a doctor of dental medicine, a licensed doctor of podiatry, a licensed
advanced practice registered nurse, a licensed physician assistant, or a
licensed doctor of optometry limited to schedules IV and V, and in the course
of professional practice only, may prescribe, administer, and dispense a
controlled substance included in Schedules II through V of section 152.02,
may cause the same to be administered by a nurse, an intern or an assistant
under the direction and supervision of the doctor, and may cause a person
who is an appropriately certified and licensed health care professional to
prescribe and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes.
Subd. 2. Doctor of veterinary medicine. A licensed doctor of veterinary
medicine, in good faith, and in the course of professional practice only, and
not for use by a human being, may prescribe, administer, and dispense a
controlled substance included in schedules II through V of section 152.02, and
may cause the same to be administered by an assistant under the direction
and supervision of the doctor.
Subd. 3. Research project use of controlled substances. Any
qualified person may use controlled substances in the course of a bona fide
research project but cannot administer or dispense such drugs to human
beings unless such drugs are prescribed, dispensed and administered by a
person lawfully authorized to do so. Every person who engages in research
involving the use of such substances shall apply annually for registration by
the State Board of Pharmacy and shall pay an applicable fee specified in
section 151.065, provided that such registration shall not be required if the
person is covered by and has complied with federal laws covering such
research projects.
Subd. 4. Sale of controlled substances not prohibited for certain
persons and entities. Nothing in this chapter shall prohibit the sale to, or the
possession of, a controlled substance in schedule II, III, IV or V by: Registered
drug wholesalers, registered manufacturers, registered pharmacies, or any
licensed hospital or other licensed institutions wherein sick and injured
persons are cared for or treated, or bona fide hospitals wherein animals are
treated; or by licensed pharmacists, licensed doctors of medicine, doctors of
osteopathy duly licensed to practice medicine, licensed doctors of dental
surgery, licensed doctors of dental medicine, licensed doctors of podiatry,
licensed doctors of optometry limited to schedules IV and V, or licensed
doctors of veterinary medicine when such practitioners use controlled
substances within the course of their professional practice only.
Nothing in this chapter shall prohibit the possession of a controlled
substance in schedule II, III, IV or V by an employee or agent of a registered
drug wholesaler, registered manufacturer, or registered pharmacy, while
acting in the course of employment; by a patient of a licensed doctor of
medicine, a doctor of osteopathy duly licensed to practice medicine, a licensed
doctor of dental surgery, a licensed doctor of dental medicine, or a licensed
doctor of optometry limited to schedules IV and V; or by the owner of an animal
for which a controlled substance has been prescribed by a licensed doctor of

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veterinary medicine, when such controlled substances are dispensed

according to law.
Subd. 5. Analytical laboratory not prohibited from providing
anonymous analysis service. Nothing in this chapter shall prohibit an
analytical laboratory from conducting an anonymous analysis service when
such laboratory is registered by the Federal Drug Enforcement Administration,
nor prohibit the possession of a controlled substance by an employee or agent
of such analytical laboratory while acting in the course of employment.

152.125 INTRACTABLE PAIN. AMENDED

Subdivision 1. Definitions.
(a) For purposes of this section, the terms in this subdivision have the
meanings given.
(b) “Drug diversion” means the unlawful transfer of prescription drugs from
their licit medical purpose to the illicit marketplace.
(c) “Intractable pain” means a pain state in which the cause of the pain
cannot be removed or otherwise treated with the consent of the patient and in
which, in the generally accepted course of medical practice, no relief or cure
of the cause of the pain is possible, or none has been found after reasonable
efforts. Conditions associated with intractable pain may include cancer and
the recovery period, sickle cell disease, noncancer pain, rare diseases, orphan
diseases, severe injuries, and health conditions requiring the provision of
palliative care or hospice care. Reasonable efforts for relieving or curing the
cause of the pain may be determined on the basis of, but are not limited to,
the following:
(1) when treating a nonterminally ill patient for intractable pain, an
evaluation conducted by the attending physician, advanced practice
registered nurse, or physician assistant, and one or more physicians,
advanced practice registred nurses, or physician assistants specializing in
pain medicine or the treatment of the area, system, or organ of the body
confirmed or perceived as the source of the intractable pain; or
(2) when treating a terminally ill patient, an evaluation conducted by the
attending physician, advanced practice registered nurse, or physician
assistant who does so in accordance with the standard of care and the level
of care, skill, and treatment that would be recognized by a reasonably prudent
physician, advanced practice registered nurse, or physician assistant under
similar conditions and circumstances.
(d) "Palliative care" has the meaning given in section 144A.75, subdivision
12.
(e) "Rare disease" means a disease, disorder, or condition that affects
fewer than 200,000 individuals in the United States and is chronic, serious, life
altering, or life threatening.
Subd. 1a. Criteria for the evaluation and treatment of intractable pain.
The evaluation and treatment of intractable pain when treating a
nonterminally ill patient is governed by the following criteria:
(1) a diagnosis of intractable pain by the treating physician, advanced
practice registered nurse, or physician assistant and either by a physician,
advanced practice registered nurse, or physician assistant specializing in pain
medicine or a physician, advanced practice registered nurse, or physician

377
assistant treating the area, system, or organ of the body that is the source of
the pain is sufficient to meet the definition of intractable pain; and
(2) the cause of the diagnosis of intractable pain must not interfere with
medically necessary treatment, including but not limited to prescribing or
administering a controlled substance in Schedules II to V of section 152.02.
Subd. 2. Prescription and administration of controlled substances
for intractable pain.
(a) Notwithstanding any other provision of this chapter, a physician,
advanced practice registered nurse, or physician assistant may prescribe or
administer a controlled substance in schedules II to V of section 152.02 to a
patient in the course of the physician’s treatment of the individual for a
diagnosed condition causing intractable pain. No physician, advanced
practice registered nurse, or physician assistant shall be subject to disciplinary
action by the Board of Medical Practice or Board of Nursing for appropriately
prescribing or administering a controlled substance in schedules II to V of
section 152.02 in the course of treatment of a patient for intractable pain,
provided the physician, advanced practice registered nurse, or physician
assistant:
(1) keeps accurate records of the purpose, use, prescription, and
disposal of controlled substances, writes accurate prescriptions, and
prescribes medications in conformance with chapter 147 or 148 or in
accordance with the current standard of care; and
(2) enters into a patient-provider agreement that meets the criteria in
subdivision 5.
(b) No physician, advanced practice registered nurse, or physician
assistant, acting in good faith and based on the needs of the patient, shall be
subject to disenrollment or termination by the commissioner of health solely
for prescribing a dosage that equates to an upward deviation from morphine
milligram equivalent dosage recommendations or thresholds specified in state
or federal opioid prescribing guidelines or policies, including but not limited to
the Guideline for Prescribing Opioids for Chronic Pain issued by the Centers
for Disease Control and Prevention and Minnesota opioid prescribing
guidelines.
(c) A physician, advanced practice registered nurse, or physician
assistant treating intractable pain by prescribing, dispensing, or administering
a controlled substance in Schedules II to V of section 152.02 that includes but
is not limited to opioid analgesics must not taper a patient's medication dosage
solely to meet a predetermined morphine milligram equivalent dosage
recommendation or threshold if the patient is stable and compliant with the
treatment plan, is experiencing no serious harm from the level of medication
currently being prescribed or previously prescribed, and is in compliance with
the patient-provider agreement as described in subdivision 5.
(d) A physician's, advanced practice registered nurse's, or physician
assistant's decision to taper a patient's medication dosage must be based on
factors other than a morphine milligram equivalent recommendation or
threshold.
(e) No pharmacist, health plan company, or pharmacy benefit manager
shall refuse to fill a prescription for an opiate issued by a licensed practitioner
with the authority to prescribe opiates solely based on the prescription
exceeding a predetermined morphine milligram equivalent dosage

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recommendation or threshold. Health plan companies that participate in

Minnesota health care programs under chapters 256B and 256L, and
pharmacy benefit managers under contract with these health plan companies,
must comply with section 1004 of the federal SUPPORT Act, Public Law 115-
271, when providing services to medical assistance and MinnesotaCare
enrollees.
Subd. 3. Limits on applicability. This section does not apply to:
(1) a physician’s, advanced practice registered nurse’s, or physician
assistant’s treatment of a patient for chemical dependency resulting from the
use of controlled substances in schedules II to V of section 152.02;
(2) the prescription or administration of controlled substances in
schedules II to V of section 152.02 to a patient whom the physician, advanced
practice registered nurse, or physician assistant knows to be using the
controlled substances for nontherapeutic or drug diversion purposes;
(3) the prescription or administration of controlled substances in
schedules II to V of section 152.02 for the purpose of terminating the life of a
patient having intractable pain; or
(4) the prescription or administration of a controlled substance in
schedules II to V of section 152.02 that is not a controlled substance approved
by the United State Food and Drug Administration for pain relief.
Subd. 4. Notice of risks. Prior to treating a patient for intractable pain in
accordance with subdivision 2, a physician, advanced practice registered
nurse, or physician assistant shall discuss with the patient or the patient’s legal
guardian, if applicable, the risks associated with the controlled substances in
schedules II to V of section 152.02 to be prescribed or administered in the
course of the physician’s, advanced practice registered nurse’s, or physician
assistant’s treatment of a patient, and document the discussion in the patient’s
record as required in the patient-provider agreement described in subdivision
5.
Subd. 5. Patient-provider agreement.
(a) Before treating a patient for intractable pain, a physician, advanced
practice registered nurse, or physician assistant and the patient or the patient's
legal guardian, if applicable, must mutually agree to the treatment and enter
into a provider-patient agreement. The agreement must include a description
of the prescriber's and the patient's expectations, responsibilities, and rights
according to best practices and current standards of care.
(b) The agreement must be signed by the patient or the patient's legal
guardian, if applicable, and the physician, advanced practice registered nurse,
or physician assistant and included in the patient's medical records. A copy of
the signed agreement must be provided to the patient.
(c) The agreement must be reviewed by the patient and the physician,
advanced practice registered nurse, or physician assistant annually. If there is
a change in the patient's treatment plan, the agreement must be updated and
a revised agreement must be signed by the patient or the patient's legal
guardian. A copy of the revised agreement must be included in the patient's
medical record and a copy must be provided to the patient.
(d) Absent clear evidence of drug diversion, nonadherence with the
agreement must not be used as the sole reason to stop a patient's treatment
with scheduled drugs. If a patient experiences difficulty adhering to the
agreement, the prescriber must evaluate the patient for other conditions,

379
including but not limited to substance use disorder, and must ensure that the
patient's course of treatment is appropriately adjusted to reflect any change in
diagnosis.
(e) A patient-provider agreement is not required in an emergency or
inpatient hospital setting.

152.126 PRESCRIPTION MONITORING PROGRAM.

Subdivision 1. Definitions. (a) For purposes of this section, the terms
defined in this subdivision have the meanings given.
(b) "Board" means the Minnesota State Board of Pharmacy established
under chapter 151.
(c) "Controlled substances" means those substances listed in section
152.02, subdivisions 3 to 6, and those substances defined by the board
pursuant to section 152.02, subdivisions 7, 8, and 12. For the purposes of
this section, controlled substances includes butalbital and gabapentin.
(d) “Dispense” or “dispensing” has the meaning given in section 151.01,
subdivision 30. Dispensing does not include the direct administering of a
controlled substance to a patient by a licensed health care professional.
(e) "Dispenser" means a person authorized by law to dispense a
controlled substance, pursuant to a valid prescription. For the purposes of this
section, a dispenser does not include a licensed hospital pharmacy that
distributes controlled substances for inpatient hospital care or a veterinarian
who is dispensing prescriptions under section 156.18.
(f) "Prescriber" means a licensed health care professional who is
authorized to prescribe a controlled substance under section 152.12,
subdivision 1 or 2.
(g) "Prescription" has the meaning given in section 151.01, subdivision
16a.
Subd. 1a. Treatment of intractable pain. This section is not intended to
limit or interfere with the legitimate prescribing of controlled substances for
pain. No prescriber shall be subject to disciplinary action by a health-related
licensing board for prescribing a controlled substance according to the
provisions of section 152.125.
Subd. 2. Prescription electronic reporting system. (a) The board shall
establish by January 1, 2010, an electronic system for reporting the
information required under subdivision 4 for all controlled substances
dispensed within the state.
(b) The board may contract with a vendor for the purpose of obtaining
technical assistance in the design, implementation, operation, and
maintenance of the electronic reporting system.
Subd. 3. Prescription Monitoring Program Advisory Task Force. (a)
The board shall appoint an advisory task force consisting of at least one
representative of:
(1) the Department of Health;
(2) the Department of Human Services;
(3) each health-related licensing board that licenses prescribers;
(4) a professional medical association, which may include an association
of pain management and chemical dependency specialists;
(5) a professional pharmacy association;
(6) a professional nursing association;

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(7) a professional dental association;

(8) a consumer privacy or security advocate;
(9) a consumer or patient rights organization; and
(10) an association of medical examiners and coroners.
(b) The advisory task force shall advise the board on the development and
operation of the prescription monitoring program, including, but not limited to:
(1) technical standards for electronic prescription drug reporting;
(2) proper analysis and interpretation of prescription monitoring data;
(3) an evaluation process for the program; and
(4) criteria for the unsolicited provision of prescription monitoring data by
the board to prescribers and dispensers.
(c) The task force is governed by section 15.059. Notwithstanding any
other provisions of law to the contrary, the task force shall not expire.
Subd. 4. Reporting requirements; notice. (a) Each dispenser must
submit the following data to the board or its designated vendor:
(1) name of the prescriber;
(2) national provider identifier of the prescriber;
(3) name of the dispenser;
(4) national provider identifier of the dispenser;
(5) prescription number;
(6) name of the patient for whom the prescription was written;
(7) address of the patient for whom the prescription was written;
(8) date of birth of the patient for whom the prescription was written;
(9) date the prescription was written;
(10) date the prescription was filled;
(11) name and strength of the controlled substance;
(12) quantity of controlled substance prescribed;
(13) quantity of controlled substance dispensed; and
(14) number of days supply.
(b) The dispenser must submit the required information by a procedure
and in a format established by the board. The board may allow dispensers to
omit data listed in this subdivision or may require the submission of data not
listed in this subdivision provided the omission or submission is necessary for
the purpose of complying with the electronic reporting or data transmission
standards of the American Society for Automation in Pharmacy, the National
Council on Prescription Drug Programs, or other relevant national standard-
setting body.
(c) A dispenser is not required to submit this data for those controlled
substance prescriptions dispensed for:
(1) individuals residing in a health care facility as defined in section
151.58, subdivision 2, paragraph (b), when a drug is distributed through the
use of an automated drug distribution system according to section 151.58; and
(2) individuals receiving a drug sample that was packaged by a
manufacturer and provided to the dispenser for dispensing as a professional
sample pursuant to Code of Federal Regulations, title 21, part 203, subpart D.
(d) A dispenser must provide to the patient for whom the prescription was
written a conspicuous notice of the reporting requirements of this section and
notice that the information may be used for program administration purposes.
Subd. 5. Use of data by board. (a) The board shall develop and maintain
a database of the data reported under subdivision 4. The board shall maintain

381
data that could identify an individual prescriber or dispenser in encrypted form.
Except as otherwise allowed under subdivision 6, the database may be used
by permissible users identified under subdivision 6 for the identification of:
(1) individuals receiving prescriptions for controlled substances from
prescribers who subsequently obtain controlled substances from dispensers
in quantities or with a frequency inconsistent with generally recognized
standards of use for those controlled substances, including standards
accepted by national and international pain management associations; and
(2) individuals presenting forged or otherwise false or altered prescriptions
for controlled substances to dispensers.
(b) No permissible user identified under subdivision 6 may access the
database for the sole purpose of identifying prescribers of controlled
substances for unusual or excessive prescribing patterns without a valid
search warrant or court order.
(c) No personnel of a state or federal occupational licensing board or
agency may access the database for the purpose of obtaining information to
be used to initiate a disciplinary action against a prescriber.
(d) Data reported under subdivision 4 shall be made available to
permissible users for a 12-month period beginning the day the data was
received and ending 12 months from the last day of the month in which the
data was received, except that permissible users defined in subdivision 6,
paragraph (b), clauses (6) and (7), may use all data collected under this
section for the purposes of administering, operating, and maintaining the
prescription monitoring program and conducting trend analyses and other
studies necessary to evaluate the effectiveness of the program.
(e) Data reported during the period January 1, 2015, through December
31, 2018, may be retained through December 31, 2019, in an identifiable
manner. Effective January 1, 2020, data older than 24 months must be
destroyed. Data reported on or after January 1, 2020, must be destroyed no
later than 12 months from the date the data was received.
Subd. 6. Access to reporting system data. (a) Except as indicated in
this subdivision, the data submitted to the board under subdivision 4 is private
data on individuals as defined in section 13.02, subdivision 12, and not subject
to public disclosure.
(b) Except as specified in subdivision 5, the following persons shall be
considered permissible users and may access the data submitted under
subdivision 4 in the same or similar manner, and for the same or similar
purposes, as those persons who are authorized to access similar private data
on individuals under federal and state law:
(1) a prescriber or an agent or employee of the prescriber to whom the
prescriber has delegated the task of accessing the data, to the extent the
information relates specifically to a current patient, to whom the prescriber is:
(i) prescribing or considering prescribing any controlled
substance;
(ii) providing emergency medical treatment for which access to
the data may be necessary;
(iii) providing care, and the prescriber has reason to believe,
based on clinically valid indications, that the patient is
potentially abusing a controlled substance; or
(iv) providing other medical treatment for which access to the

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data may be necessary for a clinically valid purpose and the

patient has consented to access to the submitted data, and
with the provision that the prescriber remains responsible
for the use or misuse of data accessed by a delegated
agent or employee;
(2) a dispenser or an agent or employee of the dispenser to whom the
dispenser has delegated the task of accessing the data, to the extent the
information relates specifically to a current patient to whom that dispenser is
dispensing or considering dispensing any controlled substance and with the
provision that the dispenser remains responsible for the use or misuse of data
accessed by a delegated agent or employee;
(3) a licensed pharmacist who is providing pharmaceutical care for which
access to the data may be necessary to the extent that the information relates
specifically to a current patient for whom the pharmacist is providing
pharmaceutical care: (i) if the patient has consented to access to the submitted
data; or (ii) if the pharmacist is consulted by a prescriber who is requesting
data in accordance with clause (1);
(4) an individual who is the recipient of a controlled substance prescription
for which data was submitted under subdivision 4, or a guardian of the
individual, parent or guardian of a minor, or health care agent of the individual
acting under a health care directive under chapter 145C. For purposes of this
clause, access by individuals includes persons in the definition of an individual
under section 13.02;
(5) personnel or designees of a health-related licensing board listed in
section 214.01, subdivision 2, or of the Emergency Medical Services
Regulatory Board, assigned to conduct a bona fide investigation of a complaint
received by that board that alleges that a specific licensee is impaired by use
of a drug for which data is collected under subdivision 4, has engaged in
activity that would constitute a crime as defined in section 152.025, or has
engaged in the behavior specified in subdivision 5, paragraph (a);
(6) personnel of the board engaged in the collection, review and analysis
of controlled substance prescription information as part of the assigned duties
and responsibilities under this section;
(7) authorized personnel of a vendor under contract with the state of
Minnesota who are engaged in the design, implementation, operation, and
maintenance of the prescription monitoring program as part of the assigned
duties and responsibilities, of their employment, provided that access to data
is limited to the minimum amount necessary to carry out such duties and
responsibilities, and subject to the requirement of de-identification and time
limit on retention of data specified in subdivision 5, paragraphs (d) and (e);
(8) federal, state, and local law enforcement authorities acting pursuant
to a valid search warrant;
(9) personnel of the Minnesota health care programs assigned to use the
data collected under this section to identify and manage recipients whose
usage of controlled substances may warrant restriction to a single primary care
provider, a single outpatient pharmacy, and a single hospital;
(10) personnel of the Department of Human Services assigned to access
the data pursuant to paragraph (k);
(11) personnel of health professionals services program established
under section 214.31, to the extent that the information relates specifically to

383
an individual who is currently enrolled in and being monitored by the program,
and the individual consents to access to that information. The health
professionals services program personnel shall not provide this data to a
health-related licensing board of the Emergency Medical Services Regulatory
Board, except as permitted under section 214.33, subdivision 3; and
(12) personnel or designees of a health-related licensing board listed in
section 214.01, subdivision 2, assigned to conduct a bona fide investigation of
a complaint received by that board that alleges that a specific licensee is
inappropriately prescribing controlled substances as defined in this section.
(c) By July 1, 2017, every prescriber licensed by a health-related licensing
board listed in section 214.01, subdivision 2, practicing within this state who is
authorized to prescribe controlled substances for humans and who holds a
current registration issued by the federal Drug Enforcement Administration,
and every pharmacist licensed by the board and practicing within the state,
shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during
the registration application process, other than their name, license number,
and license type, is classified as private pursuant to section 13.02, subdivision
12.
(d) Notwithstanding paragraph (b), beginning January 1, 2021, a
prescriber or an agent or employee of the prescriber to whom the prescriber
has delegated the task of accessing the data, must access the data submitted
under subdivision 4 to the extent the information relates specifically to the
patient:
(1) before the prescriber issues an initial prescription order for a
Schedules II through IV opiate controlled substance to the patient; and
(2) at least once every three months for patients receiving an opiate for
treatment of chronic pain or participating in medically assisted treatment for
an opioid addiction.
(e) Paragraph (d) does not apply if:
(1) the patient is receiving palliative care, or hospice or other end-of-life
care;
(2) the patient is being treated for pain due to cancer or the treatment of
cancer;
(3) the prescription order is for a number of doses that is intended to last
the patient five days or less and is not subject to a refill;
(4) the prescriber and patient have a current or ongoing provider/patient
relationship of a duration longer than one year;
(5) the prescription order is issued within 14 days following surgery or
three days following oral surgery or follows the prescribing protocols
established under the opioid prescribing improvement program under section
256B.0638;
(6) the controlled substance is prescribed or administered to a patient who
is admitted to an inpatient hospital;
(7) the controlled substance is lawfully administered by injection,
ingestion, or any other means to the patient by the prescriber, a pharmacist,
or by the patient at the direction of a prescriber and in the presence of the
prescriber or pharmacist;
(8) due to a medical emergency, it is not possible for the prescriber to
review the data before the prescriber issues the prescription order for the

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patient; or
(9) the prescriber is unable to access the data due to operational or other
technological failure of the program so long as the prescriber reports the failure
to the board.
(f) Only permissible users identified in paragraph (b), clauses (1), (2), (3),
(6), (7), (9), and (10), may directly access the data electronically. No other
permissible users may directly access the data electronically. If the data is
directly accessed electronically, the permissible user shall implement and
maintain a comprehensive information security program that contains
administrative, technical, and physical safeguards that are appropriate to the
user's size and complexity, and the sensitivity of the personal information
obtained. The permissible user shall identify reasonably foreseeable internal
and external risks to the security, confidentiality, and integrity of personal
information that could result in the unauthorized disclosure, misuse, or other
compromise of the information and assess the sufficiency of any safeguards
in place to control the risks.
(g) The board shall not release data submitted under subdivision 4 unless
it is provided with evidence, satisfactory to the board, that the person
requesting the information is entitled to receive the data.
(h) The board shall maintain a log of all persons who access the data for
a period of at least three years and shall ensure that any permissible user
complies with paragraph (c) prior to attaining direct access to the data.
(i) Section 13.05, subdivision 6, shall apply to any contract the board
enters into pursuant to subdivision 2. A vendor shall not use data collected
under this section for any purpose not specified in this section.
(j) The board may participate in an interstate prescription monitoring
program data exchange system provided that permissible users in other states
have access to the data only as allowed under this section, and that section
13.05, subdivision 6, applies to any contract or memorandum of understanding
that the board enters into under this paragraph.
(k) With available appropriations, the commissioner of human services
shall establish and implement a system through which the Department of
Human Services shall routinely access the data for the purpose of determining
whether any client enrolled in an opioid treatment program licensed according
to chapter 245A has been prescribed or dispensed a controlled substance in
addition to that administered or dispensed by the opioid treatment program.
When the commissioner determines there have been multiple prescribers or
multiple prescriptions of controlled substances, the commissioner shall:
(1) inform the medical director of the opioid treatment program only that
the commissioner determined the existence of multiple prescribers or multiple
prescriptions of controlled substances; and
(2) direct the medical director of the opioid treatment program to access
the data directly, review the effect of the multiple prescribers or multiple
prescriptions, and document the review.
If determined necessary, the commissioner of human services shall seek
a federal waiver of, or exception to, any applicable provision of Code of
Federal Regulations, title 42, section 2.34, paragraph (c), prior to
implementing this paragraph.
(l) The board shall review the data submitted under subdivision 4 on at
least a quarterly basis and shall establish criteria, in consultation with the

385
advisory task force, for referring information about a patient to prescribers and
dispensers who prescribed or dispensed the prescriptions in question if the
criteria are met.
(m) The board shall conduct random audits, on at least a quarterly basis,
of electronic access by permissible users, as identified in paragraph (b),
clauses (1), (2), (3), (6), (7), (9), and (10), to the data in subdivision 4, to ensure
compliance with permissible use as defined in this section. A permissible user
whose account has been selected for a random audit shall respond to an
inquiry by the board, no later than 30 days after receipt of notice that an audit
is being conducted. Failure to respond may result in deactivation of access to
the electronic system and referral to the appropriate health licensing board, or
the commissioner of human services, for further action. The board shall report
the results of random audits to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy
and finance and government data practices.
(n) A permissible user who has delegated the task of accessing the data
in subdivision 4 to an agent or employee shall audit the use of the electronic
system by delegated agents or employees on at least a quarterly basis to
ensure compliance with permissible use as defined in this section. When a
delegated agent or employee has been identified as inappropriately accessing
data, the permissible user must immediately remove access for that individual
and notify the board within seven days. The board shall notify all permissible
users associated with the delegated agent or employee of the alleged
violation.
(o) A permissible user who delegates access to the data submitted under
subdivision 4 to an agent or employee shall terminate that individual's access
to the data within three business days of the agent or employee leaving
employment with the permissible user. The board may conduct random audits
to determine compliance with this requirement.
Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to
submit data to the board as required under this section is subject to disciplinary
action by the appropriate health-related licensing board.
(b) A prescriber or dispenser authorized to access the data who knowingly
discloses the data in violation of state or federal laws relating to the privacy of
health care data shall be subject to disciplinary action by the appropriate
health-related licensing board, and appropriate civil penalties.
(c) A prescriber or dispenser authorized to access the data who fails to
comply with subdivision 6, paragraph (l) or (m), shall be subject to disciplinary
action by the appropriate health-related licensing board.
Subd. 9. Immunity from liability; no requirement to obtain
information. (a) A pharmacist, prescriber, or other dispenser making a report
to the program in good faith under this section is immune from any civil,
criminal, or administrative liability, which might otherwise be incurred or
imposed as a result of the report, or on the basis that the pharmacist or
prescriber did or did not seek or obtain or use information from the program.
(b) Nothing in this section shall require a pharmacist, prescriber, or
other dispenser to obtain information about a patient from the program, and
the pharmacist, prescriber, or other dispenser, if acting in good faith, is
immune from any civil, criminal, or administrative liability that might otherwise
be incurred or imposed for requesting, receiving, or using information from the

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program.
Subd. 10. Funding. (a) The board may seek grants and private funds
from nonprofit charitable foundations, the federal government, and other
sources to fund the enhancement and ongoing operations of the prescription
monitoring program established under this section. Any funds received shall
be appropriated to the board for this purpose. The board may not expend
funds to enhance the program in a way that conflicts with this section without
seeking approval from the legislature.
(b) Notwithstanding any other section, the administrative services unit for
the health-related licensing boards shall apportion between the Board of
Medical Practice, the Board of Nursing, the Board of Dentistry, the Board of
Podiatric Medicine, the Board of Optometry, The Board of Veterinary
Medicine, and the Board of Pharmacy an amount to be paid through fees by
each respective board. The amount apportioned to each board shall equal
each board’s share of the annual appropriation to the Board of Pharmacy from
the state government special revenue fund for operating the prescription
monitoring program under this section. Each board’s apportioned share shall
be based on the number of prescribers or dispensers that each board
identified in this paragraph licenses as a percentage of the total number of
prescribers and dispensers licensed collectively by these boards. Each
respective board may adjust the fees that the boards are required to collect to
compensate for the amount apportioned to each board by the administrative
services unit.
Subd. 10a. Patient information on record access. A patient who has
been prescribed a controlled substance may access the prescription
monitoring program database in order to obtain information on access by
permissible users to the patient's data record, including the name and
organizational affiliation of the permissible user and the date of access. In
order to obtain this information, the patient must complete, notarize, and
submit a request form developed by the board. The board shall make this form
available to the public on the board's website.

152.13 DUTIES OF STATE BOARD OF PHARMACY.

It shall be the duty of the state board to enforce the provisions of this
chapter, and the power and authority of the board, as now defined by the laws
of this state, are hereby extended so as to be commensurate with the duties
hereby imposed.

152.135 RESTRICTIONS ON SALES, MARKETING, AND

POSSESSION OF EPHEDRINE.
Subdivision 1. Prescription status for ephedrine. Except as provided
in this section, a material, compound, mixture, or preparation that contains any
quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a
salt of an optical isomer of ephedrine, may be dispensed only upon the
prescription of a duly licensed practitioner authorized by the laws of the state
to prescribe prescription drugs.
Subd. 2. Exceptions. (a) A drug product containing ephedrine, its salts,
optical isomers, and salts of optical isomers is exempt from subdivision 1 if the
drug product:

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 (1) may be lawfully sold over the counter without a prescription under the
Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section
321, et seq.;
(2) is labeled and marketed in a manner consistent with the pertinent OTC
Tentative final or Final Monograph;
(3) is manufactured and distributed for legitimate medicinal use in a
manner that reduces or eliminates the likelihood of abuse;
(4) is not marketed, advertised, or labeled for the indication of stimulation,
mental alertness, weight loss, muscle enhancement, appetite control, or
energy;
(5) is in solid oral dosage forms, including soft gelatin caplets, that
combine 400 milligrams of guaifenesin and 25 milligrams of ephedrine per
dose, according to label instructions; or is an anorectal preparation containing
not more than five percent ephedrine; and
(6) is sold in a manner that does not conflict with section 152.02,
subdivision 6.
(b) Subdivisions 1 and 3 shall not apply to products containing ephedra or
ma huang and lawfully marketed as dietary supplements under federal law.
Subd. 3. Mismarketing of ephedrine prohibited. The marketing,
advertising, or labeling of a product containing ephedrine, a salt of ephedrine,
an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine for
the indication of stimulation, mental alertness, weight loss, appetite control, or
energy, is prohibited. In determining compliance with this subdivision, the
following factors may be considered:
(1) the packaging of the drug product;
(2) the name and labeling of the product;
(3) the manner of distribution, advertising, and promotion of the product;
(4) verbal representations made concerning the product; and
(5) the duration, scope, and significance of abuse or misuse of the
product.
Subd. 4. Repealed, 1Sp2003 c 2 a 8 s 19
Subd. 5. Sales for illicit purposes prohibited. It is unlawful for a person
to sell, distribute, or otherwise make available a product containing ephedrine,
pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or
salts of optical isomers if the person knows or reasonably should know that
the product will be used as a precursor to an illegal substance.
Subd. 6. Penalty. A person who violates this section is guilty of a
misdemeanor.

ANHYDROUS AMMONIA

152.136 ANHYDROUS AMMONIA; PROHIBITED CONDUCT:

CRIMINAL PENALTIES; CIVIL LIABILITY.
Subdivision 1. Definitions. As used in this section, “tamper” means
action taken by a person not authorized to take that action by law or by the
owner or authorized custodian of an anhydrous ammonia container or of
equipment where anhydrous ammonia is used, stored, distributed, or
transported.
Subd. 2. Prohibited conduct. (a) A person may not:

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(1) steal or unlawfully take or carry away any amount of anhydrous

ammonia;
(2) purchase, possess, transfer, or distribute any amount of anhydrous
ammonia, knowing, or having reason to know, that it will be used to unlawfully
manufacture a controlled substance;
(3) place, have placed, or possess anhydrous ammonia in a container that
is not designed, constructed, maintained, and authorized to contain or
transport anhydrous ammonia;
(4) transport anhydrous ammonia in a container that is not designed,
constructed, maintained, and authorized to transport anhydrous ammonia;
(5) use, deliver, receive, sell, or transport a container designed and
constructed to contain anhydrous ammonia without the express consent of the
owner or authorized custodian of the container; or
(6) tamper with any equipment or facility used to contain, store or transport
anhydrous ammonia.
(b) For the purposes of this subdivision, containers designed and
constructed for the storage and transport of anhydrous ammonia are
described in rules adopted under section 18C.121, subdivision 1, or in Code
of Federal Regulations, title 49.
Subd. 3. No cause of action. (a) Except as provided in paragraph (b),
a person tampering with anhydrous ammonia containers or equipment under
subdivision 2 shall have no cause of action for damages arising out of the
tampering against:
(1) the owner or lawful custodian of the container or equipment;
(2) a person responsible for the installation or maintenance of the
container or equipment; or
(3) a person lawfully selling or offering for sale the anhydrous ammonia.
(b) Paragraph (a) does not apply to a cause of action against a person
who unlawfully obtained the anhydrous ammonia or anhydrous ammonia
container or who possesses the anhydrous ammonia or anhydrous ammonia
container for any unlawful purpose.
Subd. 4. Criminal Penalty. A person who knowingly violates subdivision
2 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 $50,000, or both.

METHAMPHETAMINE-RELATED CRIMES; CHILDREN AND

VULNERABLE ADULTS

152.137 METHAMPHETAMINE-RELATED CRIMES INVOLVING

CHILDREN AND VULNERABLE ADULTS.
Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) “Chemical substance” means a substance intended to be used as a
precursor in the manufacture of methamphetamine or any other chemical
intended to be used in the manufacture of methamphetamine.
(c) “Child” means any person under the age of 18 years.
(d) “Methamphetamine paraphernalia” means all equipment, products,
and materials of any kind that are used, intended for use, or designed for use

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in manufacturing, injecting, ingesting, inhaling, or otherwise introducing
methamphetamine into the human body.
(e) “Methamphetamine waste products” means substances, chemicals, or
items of any kind used in the manufacture of methamphetamine or any part of
the manufacturing process, or the by-products or degradates of manufacturing
methamphetamine.
(f) “Vulnerable adult” has the meaning given in section 609.232,
subdivision 11.
Subd. 2. Prohibited conduct. (a) No person may knowingly engage in
any of the following activities in the presence of a child or vulnerable adult; in
the residence of a child or a vulnerable adult; in a building, structure,
conveyance, or outdoor location where a child or vulnerable adult might
reasonably be expected to be present; in a room offered to the public for
overnight accommodation; or in any multiple unit residential building:
(1) manufacturing or attempting to manufacture methamphetamine;
(2) storing any chemical substance;
(3) storing any methamphetamine waste products; or
(4) storing any methamphetamine paraphernalia.
(b) No person may knowingly cause or permit a child or vulnerable adult
to inhale, be exposed to, have contact with, or ingest methamphetamine, a
chemical substance, or methamphetamine paraphernalia.
Subd. 3. Criminal Penalty. A person who violates subdivision 2 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.
Subd. 4. Multiple sentences. Notwithstanding sections 609.035 and
609.04, a prosecution for or conviction under this section is not a bar to
conviction of or punishment for any other crime committed by the defendant
as part of the same conduct.
Subd. 5. Protective custody. A peace officer may take any child present
in an area where any of the activities described in subdivision 2, paragraph
(a), clauses (1) to (4), are taking place into protective custody in accordance
with section 260C.175, subdivision 1, clause (2), item (ii). A child taken into
protective custody under this subdivision shall be provided health screening
to assess potential health concerns related to methamphetamine as provided
in section 260C.188. A child not taken into protective custody under this
subdivision but who is known to have been exposed to methamphetamine
shall be offered health screening for potential health concerns related to
methamphetamine as provided in section 260C.188.
Subd. 6. Reporting maltreatment of vulnerable adult. (a) A peace
officer shall make a report of suspected maltreatment of a vulnerable adult if
the vulnerable adult is present in an area where any of the activities described
in subdivision 2, paragraph (a), clauses (1) to (4), are taking place, and the
peace officer has reason to believe the vulnerable adult inhaled, was exposed
to, had contact with, or ingested methamphetamine, a chemical substance, or
methamphetamine paraphernalia. The peace officer shall immediately report
to the county common entry point as described in section 626.557, subdivision
9b.
(b) As required in section 626.557, subdivision 9b, law enforcement is the
primary agency to conduct investigations of any incident when there is reason
to believe a crime has been committed. Law enforcement shall initiate a

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response immediately. If the common entry point notified a county agency for
adult protective services, law enforcement shall cooperate with that county
agency when both agencies are involved and shall exchange data to the
extent authorized in section 626.557, subdivision 12b, paragraph (g). County
adult protection shall initiate a response immediately.
(c) The county social services agency shall immediately respond as
required in section 626.557, subdivision 10, upon receipt of a report from the
common entry point staff.

152.15 Subdivision 1. MS Repealed, 1969 c 933 s 22;

MS 1988 Repealed, 1989 c 290 art 3 s 37
Subd. 2. MS 1988 Repealed, 1989 c 290 art 3 s 37
Subd. 2a. MS 1988 Repealed, 1989 c 290 art 3 s 37
Subd. 2b. MS 1988 Repealed, 1989 c 290 art 3 s 37
Subd. 3. MS 1988 Repealed, 1989 c 290 art 3 s 37
Subd. 4. MS 1986 Repealed, 1987 c 330 s 4
Subd. 4a. MS 1988 Repealed, 1989 c 290 art 3 s 37
Subd. 5. MS 1988 Repealed, 1989 c 290 art 3 s 37

MISCELLANEOUS PROVISIONS

152.151 Repealed 1996, c 310 s 1

152.152 STAYED SENTENCE LIMITED.

If a person is convicted under section 152.021, 152.022, 152.023 or
152.0262, and the Sentencing Guidelines grid calls for a presumptive prison
sentence for the offense, the court may stay imposition or execution of the
sentence only as provided in this section. The sentence may be stayed based
on amenability to probation only if the offender presents adequate evidence to
the court that the offender has been accepted by, and can respond to, a
treatment program that has been approved by the commissioner of human
services. The court may impose a sentence that is a mitigated dispositional
departure on any other ground only if the court includes as a condition of
probation incarceration in a local jail or workhouse.

152.16 Repealed, 1967 c 408 s 11

152.17 Repealed, 1971 c 937 s 22

152.18 DISCHARGE AND DISMISSAL.

Subdivision 1. Deferring prosecution for certain first time drug
offenders. (a) A court may defer prosecution as provided in paragraph (c) for
any person found guilty, after trial or upon a plea of guilty, of a violation of
section 152.023, subdivision 2, 152.024, subdivision 2, 152.025, subdivision
2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), for possession of a
controlled substance, who:
(1) has not previously participated in or completed a diversion program
authorized under section 401.065;
(2) has not previously been placed on probation without a judgment of
guilty and thereafter been discharged from probation under this section; and

391
 (3) has not been convicted of a felony violation of this chapter, including
a felony-level attempt or conspiracy, or been convicted by the United States
or another state of a similar offense that would have been a felony under this
chapter if committed in Minnesota, unless ten years have elapsed since
discharge from sentence.
(b) The court must defer prosecution as provided in paragraph (c) any
person found guilty of a violation of section 152.025, subdivision 2, who:
(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
(2) has not previously been convicted of a felony offense under any state
or federal law or of a gross misdemeanor under section 152.025.
(c) In granting relief under this section, the court shall, without entering a
judgment of guilty and with the consent of the person, defer further
proceedings and place the person on probation upon such reasonable
conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violation. The court may give the person the
opportunity to attend and participate in an appropriate program of education
regarding the nature and effects of alcohol and drug abuse as a stipulation of
probation. Upon violation of a condition of the probation, the court may enter
an adjudication of guilt and proceed as otherwise provided. The court may, in
its discretion, dismiss the proceedings against the person and discharge the
person from probation before the expiration of the maximum period prescribed
for the person's probation. If during the period of probation the person does
not violate any of the conditions of the probation, then upon expiration of the
period the court shall discharge the person and dismiss the proceedings
against that person. Discharge and dismissal under this subdivision shall be
without court adjudication of guilt, but a not public record of it shall be retained
by the bureau of criminal apprehension for the purpose of use by the courts in
determining the merits of subsequent proceedings against the person. The
not public record may also be opened only upon court order for purposes of a
criminal investigation, prosecution, or sentencing. Upon request by law
enforcement, prosecution, or corrections authorities, the bureau shall notify
the requesting party of the existence of the not public record and the right to
seek a court order to open it pursuant to this section. The court shall forward
a record of any discharge and dismissal under this subdivision to the bureau
which shall make and maintain the not public record of it as provided under
this subdivision. The discharge or dismissal shall not be deemed a conviction
for purposes of disqualifications or disabilities imposed by law upon conviction
of a crime or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in
section 13.02, subdivision 8a.
Subd. 2. Repealed 1996, c 408 a 9 s 10
Subd. 3. Expungement of certain marijuana offenses. Any person
who has been found guilty of a violation of section 152.09 with respect to a
small amount of marijuana which violation occurred prior to April 11, 1976, and
whose conviction would have been a petty misdemeanor under the provisions
of section 152.15, subdivision 2, clause (5) in effect on April 11, 1978, but
whose conviction was for an offense more serious than a petty misdemeanor
under laws in effect prior to April 11, 1976, may petition the court in which the
person was convicted to expunge from all official records, other than the
nonpublic record retained by the department of public safety pursuant to

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section 152.15, subdivision 2, clause (5), all recordation relating to the

person's arrest, indictment or information, trial and conviction of an offense
more serious than a petty misdemeanor. The court, upon being satisfied that
a small amount was involved in the conviction, shall order all the recordation
expunged. No person as to whom an order has been entered pursuant to this
subdivision shall be held thereafter under any provision of any law to be guilty
of perjury or otherwise giving a false statement by reason of the person's
failure to recite or acknowledge conviction of an offense greater than a petty
misdemeanor, unless possession of marijuana is material to a proceeding.

152.19 Repealed, 1988 c 665 s 17

152.20 PENALTIES UNDER OTHER LAWS.

Any penalty imposed for violation of this chapter is in addition to, and not
in lieu of, any civil or administrative penalty or sanction otherwise authorized
by law.

152.205 LOCAL REGULATIONS.

Sections 152.01, subdivision 18, and 152.092 to 152.095 do not preempt
enforcement or preclude adoption of municipal or county ordinances
prohibiting or otherwise regulating the manufacture, delivery, possession, or
advertisement of drug paraphernalia.

152.21 THC THERAPEUTIC RESEARCH ACT.

Subdivision 1. Findings and purpose. The legislature finds that
scientific literature indicates promise for delta-9-tetrahydro-cannabinol (THC),
the active component of marijuana, in alleviating certain side effects of cancer
chemotherapy under strictly controlled medical circumstances.
The legislature also finds that further research and strictly controlled
experimentation regarding the therapeutic use of THC is necessary and
desirable. The intent of this section is to establish an extensive research
program to investigate and report on the therapeutic effects of THC under
strictly controlled circumstances in compliance with all federal laws and
regulations promulgated by the federal food and drug administration, the
national institute on drug abuse and the drug enforcement administration. The
intent of the legislature is to allow this research program the greatest possible
access to qualified cancer patients residing in Minnesota who meet protocol
requirements. The establishment of this research program is not intended in
any manner whatsoever to condone or promote the illicit recreational use of
marijuana.
Subd. 2. Definitions. For purposes of this section, the following terms
shall have the meanings given.
(a) "Commissioner" means the commissioner of health.
(b) "Marijuana" means marijuana as defined in section 152.01,
subdivision 9, and delta-9-tetrahydro-cannabinol (THC),
tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinols, and
all species of the genus Cannabis.

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 (c) "Principal investigator" means the individual responsible for the
medical and scientific aspects of the research, development of protocol, and
contacting and qualifying the clinical investigators in the state.
(d) "Clinical investigators" means those individuals who conduct the
clinical trials.
(e) "Sponsor" means that individual or organization who, acting on behalf
of the state, has the total responsibility for the state program.
Subd. 3. Research grant. The commissioner of health shall grant funds
to the principal investigator selected by the commissioner pursuant to
subdivision 4 for the purpose of conducting a research program under a
protocol approved by the FDA regarding the therapeutic use of oral THC and
other dosage forms, if available, according to the guidelines and requirements
of the federal food and drug administration, the drug enforcement
administration and the national institute on drug abuse. The commissioner
shall ensure that the research principal investigator complies with the
requirements of subdivision 5. The commissioner may designate the principal
investigator as the sponsor.
Subd. 4. Principal investigator. Within three months of April 25, 1980,
the commissioner shall, in consultation with a representative chosen by the
state board of pharmacy and a representative chosen by the state board of
medical examiners, select a person or research organization to be the
principal investigator of the research program.
Subd. 5. Duties. The principal investigator shall:
(1) Apply to the Food and Drug Administration for a notice of "Claimed
Investigational Exemption for a New Drug (IND)" pursuant to the Federal
Food, Drug and Cosmetic Act, United States Code, title 21, section 301, et
seq., and shall comply with all applicable laws and regulations of the federal
food and drug administration, the drug enforcement administration, and the
national institute on drug abuse in establishing the program;
(2) Notify every oncologist in the state of the program, explain the
purposes and requirements of the program to them, provide on request each
of them with a copy of the approved protocol which shall include summaries
of current papers in medical journals reporting on research concerning the
safety, efficacy and appropriate use of THC in alleviating the nausea and
emetic effects of cancer chemotherapy, and provide on request each of them
with a bibliography of other articles published in medical journals;
(3) Allow each oncologist (clinical investigator) in the state who meets or
agrees to meet all applicable federal requirements for investigational new drug
research and who so requests to be included in the research program as a
clinical investigator to conduct the clinical trials;
(4) Provide explanatory information and assistance to each clinical
investigator in understanding the nature of therapeutic use of THC within
program requirements, including the Informed Consent Document contained
in the protocol, informing and counseling patients involved in the program
regarding the appropriate use and the effects of therapeutic use of THC;
(5) Apply to contract with the national institute on drug abuse for receipt
of dosage forms of THC, fully characterized as to contents and delivery to the
human system, pursuant to regulations promulgated by the national institute
on drug abuse, and the federal food and drug administration. The principal

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investigator shall ensure delivery of the THC dosages to clinical investigators

as needed for participation in the program;
(6) Conduct the research program in compliance with federal laws and
regulations promulgated by the federal food and drug administration, the drug
enforcement administration, the national institute on drug abuse, and the
purposes and provisions of this section;
(7) Submit periodic reports as determined by the commissioner on the
numbers of oncologists and patients involved in the program and the results
of the program;
(8) Submit reports on intermediate or final research results, as
appropriate, to the major scientific journals in the United States; and
(9) Otherwise comply with the provisions of this section.
Subd. 6. Exemption from criminal sanctions. For the purposes of this
section, the following are not violations under this chapter:
(1) use or possession of THC, or both, by a patient in the research
program;
(2) possession, prescribing use of, administering, or dispensing THC, or
any combination of these actions, by the principal investigator or by any clinical
investigator; and
(3) possession or distribution of THC, or both, by a pharmacy registered
to handle schedule I substances which stores THC on behalf of the principal
investigator or a clinical investigator.
THC obtained and distributed pursuant to this section is not subject to
forfeiture under sections 609.531 to 609.5316.
For the purposes of this section, THC is removed from schedule I
contained in section 152.02, subdivision 2, and inserted in schedule II
contained in section 152.02, subdivision 3.
Subd. 7. Citation. This section may be cited as the "THC Therapeutic
Research Act."

152.22 DEFINITIONS AMENDED

Subdivision 1. Applicability. For purposes of sections 152.22 to 152.37,
the terms defined in this section have the meanings given them.
Subd. 2. Commissioner. "Commissioner" means the commissioner of
health.
Subd. 3. Disqualifying felony offense.
"Disqualifying felony offense" means a violation of a state or federal
controlled substance law that is a felony under Minnesota law, or would be a
felony if committed in Minnesota, regardless of the sentence imposed, unless
the commissioner determines that the person's conviction was for the medical
use of cannabis or assisting with the medical use of cannabis.
Subd. 4. Health care practitioner. "Health care practitioner" means a
Minnesota licensed doctor of medicine, a Minnesota licensed physician
assistant, or a Minnesota licensed advanced practice registered nurse who
has the primary responsibility for the care and treatment of the qualifying
medical condition of a person diagnosed with a qualifying medical condition.
Subd. 5. Health records. "Health records" means health records as
defined in section 144.291, subdivision 2, paragraph (c).
Subd. 5a. Hemp. “Hemp” has the meaning given to industrial hemp in
section 18K.02, subdivision 3.

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 Subd. 5b. Hemp grower. "Hemp grower" means a person licensed by
the commissioner of agriculture under chapter 18K to grow hemp for
commercial purposes.
Subd. 5c. Hemp processor. "Hemp processor" means a person or
business licensed by the commissioner of agriculture under chapter 18K to
convert raw hemp into a product.
Subd. 6. Medical cannabis. (a) "Medical cannabis" means any species
of the genus cannabis plant, or any mixture or preparation of them, including
whole plant extracts and resins, and is delivered in the form of:
(1) liquid, including, but not limited to, oil;
(2) pill;
(3) vaporized delivery method with use of liquid or oil;
(4) combustion with use of dried raw cannabis; or
(5) any other method approved by the commissioner.
(b) This definition includes any part of the genus cannabis plant prior to
being processed into a form allowed under paragraph (a), that is possessed
by a person while that person is engaged in employment duties necessary to
carry out a requirement under sections 152.22 to 152.37 for a registered
manufacturer or a laboratory under contract with a registered manufacturer.
This definition also includes any hemp acquired by a manufacturer by a hemp
grower as permitted under section 152.29, subdivision 1, paragraph (b).
EFFECTIVE DATE. This section is effective the earlier of (1) March 1,
2022, or (2) a date, as determined by the commissioner of health, by which (i)
the rules adopted or amended under Minnesota Statutes, section 152.26,
paragraph (b), are in effect and (ii) the independent laboratories under contract
with the manufacturers have the necessary procedures and equipment in
place to perform the required testing of dried raw cannabis. If this section is
effective before March 1, 2022, the commissioner shall provide notice of that
effective date to the public.
Subd. 7. Medical cannabis manufacturer. “Medical cannabis
manufacturer" or "manufacturer" means an entity registered by the
commissioner to cultivate, acquire, manufacture, possess, prepare, transfer,
transport, supply, or dispense medical cannabis, delivery devices, or related
supplies and educational materials.
Subd. 8. Medical cannabis product. "Medical cannabis product" means
any delivery device or related supplies and educational materials used in the
administration of medical cannabis for a patient with a qualifying medical
condition enrolled in the registry program.
Subd. 9. Patient. "Patient" means a Minnesota resident who has been
diagnosed with a qualifying medical condition by a health care practitioner and
who has otherwise met any other requirements for patients under sections
152.22 to 152.37 to participate in the registry program under sections 152.22
to 152.37.
Subd. 10. Patient registry number. "Patient registry number" means a
unique identification number assigned by the commissioner to a patient
enrolled in the registry program.
Subd. 11. Registered designated caregiver. "Registered designated
caregiver" means a person who:
(1) is at least 18 years old;
(2) does not have a conviction for a disqualifying felony offense;

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(3) has been approved by the commissioner to assist a patient who

requires assistance in administering medical cannabis or obtaining medical
cannabis from a distribution facility; and
(4) is authorized by the commissioner to assist the patient with the use of
medical cannabis.
Subd. 12. Registry program. "Registry program" means the patient
registry established in sections 152.22 to 152.37.
Subd. 13. Registry verification. "Registry verification" means the
verification provided by the commissioner that a patient is enrolled in the
registry program and that includes the patient's name, registry number, and, if
applicable, the name of the patient's registered designated caregiver or
parent, legal guardian, or spouse.
Subd. 14. Qualifying medical condition. "Qualifying medical condition"
means a diagnosis of any of the following conditions:
(1) cancer, if the underlying condition or treatment produces one or more
of the following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting;
(2) glaucoma;
(3) human immunodeficiency virus or acquired immune deficiency
syndrome;
(4) Tourette's syndrome
(5) amyotrophic lateral sclerosis;
(6) seizures, including those characteristic of epilepsy;
(7) severe and persistent muscle spasms, including those characteristic
of multiple sclerosis;
(8) inflammatory bowel disease, including Crohn's disease;
(9) terminal illness, with a probable life expectancy of under one year, if
the illness or its treatment produces one or more of the following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting; or
(10) any other medical condition or its treatment approved by the
commissioner.

152.23 LIMITATIONS.
(a) Nothing is sections 152.22 to 152.37 permits any person to engage
in and does not prevent the imposition of any civil, criminal, or other penalties
for:
(1) undertaking any task under the influence of medical cannabis that
would constitute negligence or professional malpractice;
(2) possessing or engaging in the use of medial cannabis;
(i) on a school bus or van;
(ii) on the grounds of any preschool or primary or secondary school;
(iii) in any correctional facility; or
(iv) on the grounds of any child care facility or home daycare;
(3) vaporizing or combusting medical cannabis pursuant to section
152.22 subdivision 6;
(i) on any form of public transportation;

397
 (ii) where the vapor would be inhaled by a nonpatient minor child or
where the smoke would be inhaled by a minor child; or
(iii) in any public place, including any indoor or outdoor area used by or
open to the general public or a place of employment as defined under
section 144.413, subdivision 1b; and
(4) operating, navigating, or being in actual physical control of any motor
vehicle, aircraft, train, or motorboat, or working on transportation
property, equipment, or facilities while under the influence of medical
cannabis.
(b) Nothing in sections 152.22 to 152.37 require the medical assistance
and MinnesotaCare programs to reimburse an enrollee or a provider for
costs associated with the medical use of cannabis. Medical assistance
and MinnesotaCare shall continue to provide coverage for all services
related to treatment of an enrollee’s qualifying medical condition if the
service is covered under chapter 256B or 256L.

152.24 FEDERALLY APPROVED CLINICAL TRIALS.

The commissioner may prohibit enrollment of a patient in the registry program
if the patient is simultaneously enrolled in a federally approved clinical trial for
the treatment of a qualifying medical condition with medical cannabis. The
commissioner shall provide information to all patients enrolled in the registry
program on the existence of federally approved clinical trials for the treatment
of the patient’s qualifying medical condition with medical cannabis as an
alternative to enrollment in the patient registry program.

152.25 COMMISSIONER DUTIES

Subdivision 1. Medical cannabis manufacturer registration.
(a) The commissioner shall register two in-state manufacturers for the
production of all medical cannabis within the state. A registration agreement
between the commissioner and a manufacturer is nontransferable. The
commissioner shall register new manufacturers or reregister the existing
manufacturers by December 1, every two years, using the factors described
in this subdivision. The commissioner shall accept applications after
December 1, 2014, if one of the manufacturers registered before December
1, 2014, ceases to be registered as a manufacturer. The commissioner's
determination that no manufacturer exists to fulfill the duties under sections
152.22 to 152.37 is subject to judicial review in Ramsey County District Court.
Data submitted during the application process are private data on individuals
or nonpublic data as defined in section 13.02 until the manufacturer is
registered under this section. Data on a manufacturer that is registered are
public data, unless the data are trade secret or security information under
section 13.37.
(b) As a condition for registration, a manufacturer must agree to:
(1) begin supplying medical cannabis to patients by July 1, 2015; and
(2) comply with all requirements under sections 152.22 to 152.37.
(c) The commissioner shall consider the following factors when
determining which manufacturer to register:
(1) the technical expertise of the manufacturer in cultivating medical
cannabis and converting the medical cannabis into an acceptable delivery
method under section 152.22, subdivision 6;
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(2) the qualifications of the manufacturer's employees;

(3) the long-term financial stability of the manufacturer;
(4) the ability to provide appropriate security measures on the premises
of the manufacturer;
(5) whether the manufacturer has demonstrated an ability to meet the
medical cannabis production needs required by sections 152.22 to 152.37;
and
(6) the manufacturer's projection and ongoing assessment of fees on
patients with a qualifying medical condition.
(d) If an officer, director, or controlling person of the manufacturer pleads
or is found guilty of intentionally diverting medical cannabis to a person other
than allowed by law under section 152.33, subdivision 1, the commissioner
may decide not to renew the registration of the manufacturer, provided the
violation occurred while the person was an officer, director, or controlling
person of the manufacturer.
(e) The commissioner shall require each medical cannabis manufacturer
to contract with an independent laboratory to test medical cannabis produced
by the manufacturer. The commissioner shall approve the laboratory chosen
by each manufacturer and require that the laboratory report testing results to
the manufacturer in a manner determined by the commissioner.
Subd. 1a. Revocation or nonrenewal of a medical cannabis
manufacturer registration. If the commissioner intends to revoke or not
renew a registration issued under this section, the commissioner must first
notify in writing the manufacturer against whom the action is to be taken and
provide the manufacturer with an opportunity to request a hearing under the
contested case provisions of chapter 14. If the manufacturer does not request
a hearing by notifying the commissioner in writing within 20 days after receipt
of the notice of proposed action, the commissioner may proceed with the
action without a hearing. For revocations, the registration of a manufacturer is
considered revoked on the date specified in the commissioner's written notice
of revocation.
Subd. 1b. Temporary suspension proceedings. The commissioner
may institute proceedings to temporarily suspend the registration of a medical
cannabis manufacturer for a period of up to 90 days by notifying the
manufacturer in writing if any action by an employee, agent, officer, director,
or controlling person of the manufacturer:
(1) violates any of the requirements of sections 152.21 to 152.37 or the
rules adopted thereunder;
(2) permits, aids, or abets the commission of any violation of state law at
the manufacturer's location for cultivation, harvesting, manufacturing,
packaging, and processing or at any site for distribution of medical cannabis;
(3) performs any act contrary to the welfare of a registered patient or
registered designated caregiver; or
(4) obtains, or attempts to obtain, a registration by fraudulent means or
misrepresentation.
Subd. 1c. Notice to patients. Upon the revocation or nonrenewal of a
manufacturer's registration under subdivision 1a or implementation of an
enforcement action under subdivision 1b that may affect the ability of a
registered patient, registered designated caregiver, or a registered patient's
parent, legal guardian, or spouse to obtain medical cannabis from the

399
manufacturer subject to the enforcement action, the commissioner shall notify
in writing each registered patient and the patient's registered designated
caregiver or registered patient's parent, legal guardian, or spouse about the
outcome of the proceeding and information regarding alternative registered
manufacturers. This notice must be provided two or more business days prior
to the effective date of the revocation, nonrenewal, or other enforcement
action.
Subd. 2. Range of compounds and dosages; report. The
commissioner shall review and publicly report the existing medical and
scientific literature regarding the range of recommended dosages for each
qualifying condition and the range of chemical compositions of any plant of the
genus cannabis that will likely be medically beneficial for each of the qualifying
medical conditions. The commissioner shall make this information available to
patients with qualifying medical conditions beginning December 1, 2014, and
update the information annually. The commissioner may consult with the
independent laboratory under contract with the manufacturer or other experts
in reporting the range of recommended dosages for each qualifying medical
condition, the range of chemical compositions that will likely be medically
beneficial, and any risks of noncannabis drug interactions. The commissioner
shall consult with each manufacturer on an annual basis on medical cannabis
offered by the manufacturer. The list of medical cannabis offered by a
manufacturer shall be published on the Department of Health Web site.
Subd. 3. Deadlines. The commissioner shall adopt rules necessary for
the manufacturer to begin distribution of medical cannabis to patients under
the registry program by July 1, 2015, and have notice of proposed rules
published in the State Register prior to January 1, 2015.
Subd. 4. Reports. (a) The commissioner shall provide regular updates to
the task force on medical cannabis therapeutic research and to the chairs and
ranking minority members of the legislative committees with jurisdiction over
health and human services, public safety, judiciary, and civil law regarding:
(1) any changes in federal law or regulatory restrictions regarding the use of
medical cannabis or hemp; and (2) the market demand and supply in this state
for products made from hemp that can be used for medicinal purposes.
(b) The commissioner may submit medical research based on the data
collected under sections 152.22 to 152.37 to any federal agency with
regulatory or enforcement authority over medical cannabis to demonstrate the
effectiveness of medical cannabis for treating a qualifying medical condition.

152.26 RULEMAKING.
(a) The commissioner may adopt rules to implement sections 152.22 to
152.37. Rules for which notice is published in the State Register before
January 1, 2015, may be adopted using the process in section 14.389.
(b) The commissioner may adopt or amend rules, using the procedure in
section 14.386, paragraph (a), to implement the addition of dried raw cannabis
as an allowable form of medical cannabis under section 152.22, subdivision
6, paragraph (a), clause (4). Section 14.386, paragraph (b), does not apply to
these rules.

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152.27 PATIENT REGISTRY PROGRAM ESTABLISHED

Subdivision 1. Patient registry program; establishment.
(a) The commissioner shall establish a patient registry program to
evaluate data on patient demographics, effective treatment options, clinical
outcomes, and quality-of-life outcomes for the purpose of reporting on the
benefits, risks, and outcomes regarding patients with a qualifying medical
condition engaged in the therapeutic use of medical cannabis.
(b) The establishment of the registry program shall not be construed or
interpreted to condone or promote the illicit recreational use of marijuana.
Subd. 2. Commissioner duties. (a) The commissioner shall:
(1) give notice of the program to health care practitioners in the state who
are eligible to serve as health care practitioners and explain the purposes and
requirements of the program;
(2) allow each health care practitioner who meets or agrees to meet the
program's requirements and who requests to participate, to be included in the
registry program to collect data for the patient registry;
(3) provide explanatory information and assistance to each health care
practitioner in understanding the nature of therapeutic use of medical cannabis
within program requirements;
(4) create and provide a certification to be used by a health care
practitioner for the practitioner to certify whether a patient has been diagnosed
with a qualifying medical condition and include in the certification an option for
the practitioner to certify whether the patient, in the health care practitioner's
medical opinion, is developmentally or physically disabled and, as a result of
that disability, the patient requires assistance in administering medical
cannabis or obtaining cannabis from a distribution facility;
(5) supervise the participation of the health care practitioner in conducting
patient treatment and health records reporting in a manner that ensures
stringent security and record-keeping requirements and that prevents the
unauthorized release of private data on individuals as defined by section
13.02;
(6) develop safety criteria for patients with a qualifying medical condition
as a requirement of the patient's participation in the program, to prevent the
patient from undertaking any task under the influence of medical cannabis that
would constitute negligence or professional malpractice on the part of the
patient; and
(7) conduct research and studies based on data from health records
submitted to the registry program and submit reports on intermediate or final
research results to the legislature and major scientific journals. The
commissioner may contract with a third party to complete the requirements of
this clause. Any reports submitted must comply with section 152.28,
subdivision 2.
(b) The commissioner may add a delivery method under section 152.22,
subdivision 6, or add, remove, or modify a qualifying medical condition under
section 152.22, subdivision 14, upon a petition from a member of the public or
the task force on medical cannabis therapeutic research or as directed by law.
The commissioner shall evaluate all petitions to add a qualifying medical
condition or to remove or modify an existing qualifying medical condition
submitted by the task force on medical cannabis therapeutic research or as
directed by law and may make the addition, removal, or modification if the

401
commissioner determines the addition, removal, or modification is warranted
based on the best available evidence and research. If the commissioner
wishes to add a delivery method under section 152.22, subdivision 6, or add
or remove a qualifying medical condition under section 152.22, subdivision 14,
the commissioner must notify the chairs and ranking minority members of the
legislative policy committees having jurisdiction over health and public safety
of the addition or removal and the reasons for its addition ore removal,
including any written comments received by the commissioner from the public
and any guidance received from the task force on medical cannabis research,
by January 15 of the year in which the commissioner wishes to make the
change. The change shall be effective on August 1 of that year, unless the
legislature by law provides otherwise.
Subd. 3. Patient application. (a) The commissioner shall develop a
patient application for enrollment into the registry program. The application
shall be available to the patient and given to health care practitioners in the
state who are eligible to serve as health care practitioners. The application
must include:
(1) the name, mailing address, and date of birth of the patient;
(2) the name, mailing address, and telephone number of the patient's
health care practitioner;
(3) the name, mailing address, and date of birth of the patient's designated
caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent,
legal guardian, or spouse will be acting as a caregiver;
(4) a copy of the certification from the patient's health care practitioner that
is dated within 90 days prior to submitting the application that certifies that the
patient has been diagnosed with a qualifying medical condition; and
(5) all other signed affidavits and enrollment forms required by the
commissioner under sections 152.22 to 152.37, including, but not limited to,
the disclosure form required under paragraph (c).
(b) The commissioner shall require a patient to resubmit a copy of the
certification from the patient's health care practitioner on a yearly basis and
shall require that the recertification be dated within 90 days of submission.
(c) The commissioner shall develop a disclosure form and require, as a
condition of enrollment, all patients to sign a copy of the disclosure. The
disclosure must include:
(1) a statement that, notwithstanding any law to the contrary, the
commissioner, or an employee of any state agency, may not be held civilly or
criminally liable for any injury, loss of property, personal injury, or death
caused by any act or omission while acting within the scope of office or
employment under sections 152.22 to 152.37; and
(2) the patient's acknowledgment that enrollment in the patient registry
program is conditional on the patient's agreement to meet all of the
requirements of sections 152.22 to 152.37.
Subd. 4. Registered designated caregiver. (a) The commissioner shall
register a designated caregiver for a patient if the patient requires assistance
in administering medical cannabis or obtaining medical cannabis from a
distribution facility and the caregiver has agreed, in writing, to be the patient's
designated caregiver. As a condition of registration as a designated caregiver,
the commissioner shall require the person to:
(1) be at least 18 years of age;

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(2) agree to only possess the patient’s medical cannabis for purposes of
assisting the patient; and
(3) agree that if the application is approved, the person will not be a
registered designated caregiver for more than six registered patients at one
time. Patients who reside in the same residence shall count as one patient.
(b) The commissioner shall conduct a criminal background check on the
designated caregiver prior to registration to ensure that the person does not
have a conviction for a disqualifying felony offense. Any cost of the
background check shall be paid by the person seeking registration as a
designated caregiver. A designated caregiver must have the criminal
background check renewed every two years.
(c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a
person registered as a designated caregiver from also being enrolled in the
registry program as a patient and possessing and using medical cannabis as
a patient.
Subd. 5. Parents, legal guardians, and spouses. A parent, legal
guardian, or spouse of a patient may act as the caregiver to the patient without
having to register as a designated caregiver. The parent, legal guardian, or
spouse shall follow all of the requirements of parents, legal guardians, and
spouses listed in sections 152.22 to 152.37. Nothing in sections 152.22 to
152.37 limits any legal authority a parent, legal guardian, or spouse may have
for the patient under any other law.
Subd. 6. Patient enrollment.
(a) After receipt of a patient's application, application fees, and signed
disclosure, the commissioner shall enroll the patient in the registry program
and issue the patient and patient's registered designated caregiver or parent,
legal guardian, or spouse, if applicable, a registry verification. The
commissioner shall approve or deny a patient’s application for participation in
the registry program within 30 days after the commissioner receives the
patient’s application and application fee. The commissioner may approve
applications up to 60 days after the receipt of a patient’s application and
application fees until January 1, 2016. A patient's enrollment in the registry
program shall only be denied if the patient:
(1) does not have certification from a health care practitioner that the
patient has been diagnosed with a qualifying medical condition;
(2) has not signed and returned the disclosure form required under
subdivision 3, paragraph (c), to the commissioner;
(3) does not provide the information required;
(4) has previously been removed from the registry program for violations
of section 152.30 or 152.33; or
(5) provides false information.
(b) The commissioner shall give written notice to a patient of the reason
for denying enrollment in the registry program.
(c) Denial of enrollment into the registry program is considered a final
decision of the commissioner and is subject to judicial review under the
Administrative Procedure Act pursuant to chapter 14.
(d) A patient's enrollment in the registry program may only be revoked
upon the death of a patient or if a patient violates a requirement under section
152.30 or 152.33.

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 (e) The commissioner shall develop a registry verification to provide to the
patient, the health care practitioner identified in the patient's application, and
to the manufacturer. The registry verification shall include:
(1) the patient's name and date of birth;
(2) the patient registry number assigned to the patient; and
(3) the name and date of birth of the patient's registered designated
caregiver, if any, or the name of the patient's parent, legal guardian, or spouse
if the parent, legal guardian, or spouse will be acting as a caregiver.
Subd. 7. Notice requirements.
Patients and registered designated caregivers shall notify the
commissioner of any address or name change within 30 days of the change
having occurred. A patient or registered designated caregiver is subject to a
$100 fine for failure to notify the commissioner of the change.

152.28 HEALTH CARE PRACTITIONER DUTIES.

Subdivision 1. Health care practitioner duties. (a) Prior to a patient's
enrollment in the registry program, a health care practitioner shall:
(1) determine, in the health care practitioner's medical judgment, whether
a patient suffers from a qualifying medical condition, and, if so determined,
provide the patient with a certification of that diagnosis;
(2) advise patients, registered designated caregivers, and parents or
legal guardians who are acting as caregivers of the existence of any nonprofit
patient support groups or organizations;
(3) provide explanatory information from the commissioner to patients
with qualifying medical conditions, including disclosure to all patients about the
experimental nature of therapeutic use of medical cannabis; the possible risks,
benefits, and side effects of the proposed treatment; the application and other
materials from the commissioner; and provide patients with the Tennessen
warning as required by section 13.04, subdivision 2; and
(4) agree to continue treatment of the patient's qualifying medical
condition and report medical findings to the commissioner.
(b) Upon notification from the commissioner of the patient's enrollment in
the registry program, the health care practitioner shall:
(1) participate in the patient registry reporting system under the guidance
and supervision of the commissioner;
(2) report health records of the patient throughout the ongoing treatment
of the patient to the commissioner in a manner determined by the
commissioner and in accordance with subdivision 2;
(3) determine, on a yearly basis, if the patient continues to suffer from a
qualifying medical condition and, if so, issue the patient a new certification of
that diagnosis; and
(4) otherwise comply with all requirements developed by the
commissioner.
(c) A health care practitioner may conduct a patient assessment to issue
a recertification as required under paragraph (b), clause (3), via telemedicine
as defined under section 62A.671, subdivision 9.
(d) Nothing in this section requires a health care practitioner to participate
in the registry program.
Subd. 2. Data. Data collected on patients by a health care practitioner
and reported to the patient registry are health records under section 144.291,

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and are private data on individuals under section 13.02, but may be used or
reported in an aggregated, nonidentifiable form as part of a scientific, peer-
reviewed publication of research conducted under section 152.25 or in the
creation of summary data, as defined in section 13.02, subdivision 19.
Subd. 3 Advertising restrictions. (a) A health care practitioner shall not
publish or cause to be published any advertisement that:
(1) contains false or misleading statements about medical cannabis or
about the medical cannabis registry program;
(2) uses colloquial terms to refer to medical cannabis, such as pot, weed,
or grass;
(3) states or implies the health care practitioner is endorsed by the
Department of Health or by the medical cannabis registry program;
(4) includes images of cannabis in its plant or leaf form or of cannabis-
smoking paraphernalia; or
(5) contains medical symbols that could reasonably be confused with
symbols of established medical associations or groups.
(b) A health care practitioner found by the commissioner to have violated
this subdivision is prohibited from certifying that patients have a qualifying
medical condition for purposes of patient participation in the registry program.
The commissioner's decision that a health care practitioner has violated this
subdivision is a final decision of the commissioner and is not subject to the
contested case procedures in chapter 14.

152.29 MANUFACTURER OF MEDICAL CANNABIS DUTIES.

Subdivision 1. Manufacturer; requirements. (a) A manufacturer may
operate eight distribution facilities, which may include the manufacturer's
single location for cultivation, harvesting, manufacturing, packaging, and
processing but is not required to include that location. The commissioner shall
designate the geographical service areas to be served by each manufacturer
based on geographical need throughout the state to improve patient access.
A manufacturer shall not have more than two distribution facilities in each
geographical service area assigned to the manufacturer by the commissioner.
A manufacturer shall operate only one location where all cultivation,
harvesting, manufacturing, packaging, and processing of medical cannabis
shall be conducted. This location may be one of the manufacturer's distribution
facility sites. The additional distribution facilities may dispense medical
cannabis and medical cannabis products but may not contain any medical
cannabis in a form other than those forms allowed under section 152.22,
subdivision 6, and the manufacturer shall not conduct any cultivation,
harvesting, manufacturing, packaging, or processing at the other distribution
facility sites. Any distribution facility operated by the manufacturer is subject
to all of the requirements applying to the manufacturer under sections 152.22
to 152.37, including, but not limited to, security and distribution requirements.
(b) A manufacturer may acquire hemp grown in this state from a hemp
grower, and may acquire hemp products produced by a hemp processor. A
manufacturer may manufacture or process hemp and hemp products into an
allowable form of medical cannabis under section 152.22, subdivision 6. Hemp
and hemp products acquired by a manufacturer under this paragraph is
subject to the same quality control program, security and testing requirements,

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and other requirements that apply to medical cannabis under sections 152.22
to 152.37 and Minnesota Rules, chapter 4770.
(c) A medical cannabis manufacturer shall contract with a laboratory,
approved by the commissioner, subject to any additional requirements set by
the commissioner, for purposes of testing medical cannabis manufactured or
hemp or hemp products acquired by the medical cannabis manufacturer as to
content, contamination, and consistency to verify the medical cannabis meets
the requirements of section 152.22, subdivision 6. The cost of laboratory
testing shall be paid by the manufacturer.
(d) The operating documents of a manufacturer must include:
(1) procedures for the oversight of the manufacturer and procedures to
ensure accurate record keeping;
(2) procedures for the implementation of appropriate security measures
to deter and prevent the theft of medical cannabis and unauthorized entrance
into areas containing medical cannabis; and
(3) procedures for the delivery and transportation of hemp between hemp
growers and manufacturers and for the delivery and transportation of hemp
products between hemp processors and manufacturers.
(e) A manufacturer shall implement security requirements, including
requirements for the delivery and transportation of hemp and hemp products,
protection of each location by a fully operational security alarm system, facility
access controls, perimeter intrusion detection systems, and a personnel
identification system.
(f) A manufacturer shall not share office space with, refer patients to a
health care practitioner, or have any financial relationship with a health care
practitioner.
(g) A manufacturer shall not permit any person to consume medical
cannabis on the property of the manufacturer.
(h) A manufacturer is subject to reasonable inspection by the
commissioner.
(i) For purposes of sections 152.22 to 152.37, a medical cannabis
manufacturer is not subject to the Board of Pharmacy licensure or regulatory
requirements under chapter 151.
(j) A medical cannabis manufacturer may not employ any person who is
under 21 years of age or who has been convicted of a disqualifying felony
offense. An employee of a medical cannabis manufacturer must submit a
completed criminal history records check consent form, a full set of classifiable
fingerprints, and the required fees for submission to the Bureau of Criminal
Apprehension before an employee may begin working with the manufacturer.
The bureau must conduct a Minnesota criminal history records check and the
superintendent is authorized to exchange the fingerprints with the Federal
Bureau of Investigation to obtain the applicant's national criminal history
record information. The bureau shall return the results of the Minnesota and
federal criminal history records checks to the commissioner.
(k) A manufacturer may not operate in any location, whether for
distribution or cultivation, harvesting, manufacturing, packaging, or
processing, within 1,000 feet of a public or private school existing before the
date of the manufacturer's registration with the commissioner.

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(l) A manufacturer shall comply with reasonable restrictions set by the

commissioner relating to signage, marketing, display, and advertising of
medical cannabis.
(m) Before a manufacturer acquires hemp from a hemp grower or hemp
products from a hemp processor, the manufacturer must verify that the hemp
grower or hemp processor has a valid license issued by the commissioner of
agriculture under chapter 18K.
(n) Until a state-centralized, seed-to-sale system is implemented that can
track a specific medical cannabis plant from cultivation through testing and
point of sale, the commissioner shall conduct at least one unannounced
inspection per year of each manufacturer that includes inspection of:
(1) business operations;
(2) physical locations of the manufacturer's manufacturing facility and
distribution facilities;
(3) financial information and inventory documentation, including
laboratory testing results; and
(4) physical and electronic security alarm systems.
Subd. 2. Manufacturer; production.
(a) A manufacturer of medical cannabis shall provide a reliable and
ongoing supply of all medical cannabis needed for the registry program
through cultivation by the manufacturer and through the purchase of hemp
from hemp growers.
(b) All cultivation, harvesting, manufacturing, packaging, and processing
of medical cannabis must take place in an enclosed, locked facility at a
physical address provided to the commissioner during the registration
process.
(c) A manufacturer must process and prepare any medical cannabis plant
material or hemp plant material into a form allowable under section 152.22,
subdivision 6, prior to distribution of any medical cannabis.
Subd. 3. Manufacturer; distribution.
(a) A manufacturer shall require that employees licensed as pharmacists
pursuant to chapter 151 be the only employees to give final approval for the
distribution of medical cannabis to a patient. A manufacturer may transport
medical cannabis or medical cannabis products that have been cultivated,
harvested, manufactured, packaged, and processed by that manufacturer to
another registered manufacturer for the other manufacturer to distribute.
(b) A manufacturer may distribute medical cannabis products, whether or
not the products have been manufactured by that manufacturer.
(c) Prior to distribution of any medical cannabis, the manufacturer shall:
(1) verify that the manufacturer has received the registry verification from
the commissioner for that individual patient;
(2) verify that the person requesting the distribution of medical cannabis
is the patient, the patient's registered designated caregiver, or the patient's
parent, legal guardian, or spouse listed in the registry verification using the
procedures described in section 152.11, subdivision 2d;
(3) assign a tracking number to any medical cannabis distributed from the
manufacturer;
(4) ensure that any employee of the manufacturer licensed as a
pharmacist pursuant to chapter 151 has consulted with the patient to
determine the proper dosage for the individual patient after reviewing the

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ranges of chemical compositions of the medical cannabis and the ranges of
proper dosages reported by the commissioner. For purposes of this clause, a
consultation may be conducted remotely by secure videoconference,
telephone, or other remote means, so long as the employee providing the
consultation is able to confirm the identity of the patient, the consultation
occurs while the patient is at a distribution facility, and the consultation
adheres to patient privacy requirements that apply to health care services
delivered through telemedicine. A pharmacist consultation under this clause is
not required when a manufacturer is distributing medical cannabis to a patient
according to a patient-specific dosage plan established with that manufacturer
and is not modifying the dosage or product being distributed under that plan
and the medical cannabis is distributed by a pharmacy technician;
(5) properly package medical cannabis in compliance with the United
States Poison Prevention Packing Act regarding child resistant packaging and
exemptions for packaging for elderly patients, and label distributed medical
cannabis with a list of all active ingredients and individually identifying
information, including:
(i) the patient's name and date of birth;
(ii) the name and date of birth of the patient's registered designated
caregiver or, if listed on the registry verification, the name of the patient's
parent or legal guardian, if applicable;
(iii) the patient's registry identification number;
(iv) the chemical composition of the medical cannabis; and
(v) the dosage; and
(6) ensure that the medical cannabis distributed contains a maximum of
a 90-day supply of the dosage determined for that patient.
(d) A manufacturer shall require any employee of the manufacturer who
is transporting medical cannabis or medical cannabis products to a distribution
facility or to another registered manufacturer to carry identification showing
that the person is an employee of the manufacturer.
(e) A manufacturer shall distribute medical cannabis in dried raw
cannabis form only to a patient age 21 or older, or to the registered designated
caregiver, parent, legal guardian, or spouse of a patient age 21 or older.
EFFECTIVE DATE. Paragraph (c) is effective the day following final
enactment. Paragraph (e) is effective the earlier of (1) March 1, 2022, or (2) a
date, as determined by the commissioner of health, by which (i) the rules
adopted or amended under Minnesota Statutes, section 152.26, paragraph
(b), are in effect and (ii) the independent laboratories under contract with the
manufacturers have the necessary procedures and equipment in place to
perform the required testing of dried raw cannabis. If paragraph (e) is effective
before March 1, 2022, the commissioner shall provide notice of that effective
date to the public.
Subd. 3a. Transportation of medical cannabis; staffing. (a) A medical
cannabis manufacturer may staff a transport motor vehicle with only one
employee if the medical cannabis manufacturer is transporting medical
cannabis to either a certified laboratory for the purpose of testing or a facility
for the purpose of disposal. If the medical cannabis manufacturer is
transporting medical cannabis for any other purpose or destination, the
transport motor vehicle must be staffed with a minimum of two employees as
required by rules adopted by the commissioner.

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(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that

is only transporting hemp for any purpose may staff the transport motor vehicle
with only one employee.
Subd. 3b. Distribution to recipient in a motor vehicle. A manufacturer
may distribute medical cannabis to a patient, registered designated caregiver,
or parent, legal guardian, or spouse of a patient who is at the distribution facility
but remains in a motor vehicle, provided:
(1) distribution facility staff receive payment and distribute medical
cannabis in a designated zone that is as close as feasible to the front door of
the distribution facility;
(2) the manufacturer ensures that the receipt of payment and distribution
of medical cannabis are visually recorded by a closed-circuit television
surveillance camera at the distribution facility and provides any other
necessary security safeguards;
(3) the manufacturer does not store medical cannabis outside a restricted
access area at the distribution facility, and distribution facility staff transport
medical cannabis from a restricted access area at the distribution facility to the
designated zone for distribution only after confirming that the patient,
designated caregiver, or parent, guardian, or spouse has arrived in the
designated zone;
(4) the payment and distribution of medical cannabis take place only after
a pharmacist consultation takes place, if required under subdivision 3,
paragraph (c), clause (4);
(5) immediately following distribution of medical cannabis, distribution
facility staff enter the transaction in the state medical cannabis registry
information technology database; and
(6) immediately following distribution of medical cannabis, distribution
facility staff take the payment received into the distribution facility.
Subd. 3c. Disposal of medical cannabis plant root balls.
Notwithstanding Minnesota Rules, part 4770.1200, subpart 2, item C, a
manufacturer is not required to grind root balls of medical cannabis plants or
incorporate them with a greater quantity of nonconsumable solid waste before
transporting root balls to another location for disposal. For purposes of this
subdivision, "root ball" means a compact mass of roots formed by a plant and
any attached growing medium.
Subd. 4. Report.
Each manufacturer shall report to the commissioner on a monthly basis
the following information on each individual patient for the month prior to the
report:
(1) the amount and dosages of medical cannabis distributed;
(2) the chemical composition of the medical cannabis; and
(3) the tracking number assigned to any medical cannabis distributed.

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152.30 PATIENT DUTIES.
(a) A patient shall apply to the commissioner for enrollment in the registry
program by submitting an application as required in section 152.27 and an
annual registration fee as determined under section 152.35.
(b) As a condition of continued enrollment, patients shall agree to:
(1) continue to receive regularly scheduled treatment for their qualifying
medical condition from their health care practitioner; and
(2) report changes in their qualifying medical condition to their health care
practitioner.
(c) A patient shall only receive medical cannabis from a registered
manufacturer but is not required to receive medical cannabis products from
only a registered manufacturer.

152.31 DATA PRACTICES.

(a) Government data in patient files maintained by the commissioner and
the health care practitioner, and data submitted to or by a medical cannabis
manufacturer, are private data on individuals, as defined in section 13.02,
subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9,
but may be used for purposes of complying with chapter 13 and complying
with a request from the legislative auditor or the state auditor in the
performance of official duties. The provisions of section 13.05, subdivision 11,
apply to a registration agreement entered between the commissioner and a
medical cannabis manufacturer under section 152.25.
(b) Not public data maintained by the commissioner may not be used for
any purpose not provided for in sections 152.22 to 152.37, and may not be
combined or linked in any manner with any other list, dataset, or database.
(c) The commissioner may execute data sharing arrangements with the
commissioner of agriculture to verify licensing, inspection, and compliance
information related to hemp growers and hemp processors under chapter 18K.

152.32 PROTECTIONS FOR REGISTRY PROGRAM

PARTICIPATION. AMENDED
Subdivision 1. Presumption. (a) There is a presumption that a patient
enrolled in the registry program under sections 152.22 to 152.37 is engaged
in the authorized use of medical cannabis.
(b) The presumption may be rebutted by evidence that conduct related to
use of medical cannabis was not for the purpose of treating or alleviating the
patient's qualifying medical condition or symptoms associated with the
patient's qualifying medical condition.
Subd. 2. Criminal and civil protections.
(a) Subject to section 152.23, the following are not violations under this
chapter:
(1) use or possession of medical cannabis or medical cannabis products
by a patient enrolled in the registry program, or possession by a registered
designated caregiver or the parent, legal guardian, or spouse of a patient if the
parent, legal guardian, or spouse is listed on the registry verification;
(2) possession, dosage determination, or sale of medical cannabis or
medical cannabis products by a medical cannabis manufacturer, employees

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of a manufacturer, a laboratory conducting testing on medical cannabis, or

employees of the laboratory; and
(3) possession of medical cannabis or medical cannabis products by any
person while carrying out the duties required under sections 152.22 to 152.37.
(b) Medical cannabis obtained and distributed pursuant to sections
152.22 to 152.37 and associated property is not subject to forfeiture under
sections 609.531 to 609.5316.
(c) The commissioner, the commissioner's staff, the commissioner's
agents or contractors and any health care practitioner are not subject to any
civil or disciplinary penalties by the Board of Medical Practice, the Board of
Nursing, or by any business, occupational, or professional licensing board or
entity, solely for the participation in the registry program under sections 152.22
to 152.37. A pharmacist licensed under chapter 151 is not subject to any civil
or disciplinary penalties by the Board of Pharmacy when acting in accordance
with the provisions of sections 152.22 to 152.37. Nothing in this section affects
a professional licensing board from taking action in response to violations of
any other section of law.
(d) Notwithstanding any law to the contrary, the commissioner, the
governor of Minnesota, or an employee of any state agency may not be held
civilly or criminally liable for any injury, loss of property, personal injury, or
death caused by any act or omission while acting within the scope of office or
employment under sections 152.22 to 152.37.
(e) Federal, state, and local law enforcement authorities are prohibited
from accessing the patient registry under sections 152.22 to 152.37 except
when acting pursuant to a valid search warrant.
(f) Notwithstanding any law to the contrary, neither the commissioner nor
a public employee may release data or information about an individual
contained in any report, document, or registry created under sections 152.22
to 152.37 or any information obtained about a patient participating in the
program, except as provided in sections 152.22 to 152.37.
(g) No information contained in a report, document, registry, or obtained
from a patient under sections 152.22 to 152.37 may be admitted as evidence
in a criminal proceeding unless independently obtained or in connection with
a proceeding involving a violation of sections 152.22 to 152.37.
(h) Notwithstanding section 13.09, any person who violates paragraph (e)
or (f) is guilty of a gross misdemeanor.
(i) An attorney may not be subject to disciplinary action by the Minnesota
Supreme Court or professional responsibility board for providing legal
assistance to prospective or registered manufacturers or others related to
activity that is no longer subject to criminal penalties under state law pursuant
to sections 152.22 to 152.37.
(j) Possession of a registry verification or application for enrollment in the
program by a person entitled to possess or apply for enrollment in the registry
program does not constitute probable cause or reasonable suspicion, nor shall
it be used to support a search of the person or property of the person
possessing or applying for the registry verification, or otherwise subject the
person or property of the person to inspection by any governmental agency.
Subd. 3. Discrimination prohibited.
(a) No school or landlord may refuse to enroll or lease to and may not
otherwise penalize a person solely for the person's status as a patient enrolled

411
in the registry program under sections 152.22 to 152.37, unless failing to do
so would violate federal law or regulations or cause the school or landlord to
lose a monetary or licensing-related benefit under federal law or regulations.
(b) For the purposes of medical care, including organ transplants, a
registry program enrollee's use of medical cannabis under sections 152.22 to
152.37 is considered the equivalent of the authorized use of any other
medication used at the discretion of a physician, advanced practice registered
nurse, or physician assistant and does not constitute the use of an illicit
substance or otherwise disqualify a patient from needed medical care.
(c) Unless a failure to do so would violate federal law or regulations or
cause an employer to lose a monetary or licensing-related benefit under
federal law or regulations, an employer may not discriminate against a person
in hiring, termination, or any term or condition of employment, or otherwise
penalize a person, if the discrimination is based upon either of the following:
(1) the person's status as a patient enrolled in the registry program under
sections 152.22 to 152.37; or
(2) a patient's positive drug test for cannabis components or metabolites,
unless the patient used, possessed, or was impaired by medical cannabis on
the premises of the place of employment or during the hours of employment.
(d) An employee who is required to undergo employer drug testing
pursuant to section 181.953 may present verification of enrollment in the
patient registry as part of the employee's explanation under section 181.953,
subdivision 6.
(e) A person shall not be denied custody of a minor child or visitation
rights or parenting time with a minor child solely based on the person's status
as a patient enrolled in the registry program under sections 152.22 to 152.37.
There shall be no presumption of neglect or child endangerment for conduct
allowed under sections 152.22 to 152.37, unless the person's behavior is such
that it creates an unreasonable danger to the safety of the minor as
established by clear and convincing evidence.

152.33 VIOLATIONS.
Subdivision 1. Intentional diversion; criminal penalty. In addition to
any other applicable penalty in law, a manufacturer or an agent of a
manufacturer who intentionally transfers medical cannabis to a person other
than another registered manufacturer, a patient, a registered designated
caregiver or, if listed on the registry verification, a parent, legal guardian, or
spouse of a patient is guilty of a felony punishable by imprisonment for not
more than two years or by payment of a fine of not more than $3,000, or both.
A person convicted under this subdivision may not continue to be affiliated
with the manufacturer and is disqualified from further participation under
sections 152.22 to 152.37.
Subd. 1a. Intentional diversion outside of the state; penalties. (a) In
addition to any other applicable penalty in law, the commissioner may levy a
fine of $250,000 against a manufacturer and may immediately initiate
proceedings to revoke the manufacturer's registration, using the procedure in
section 152.25, if:
(1) an officer, director, or controlling person of the manufacturer pleads or
is found guilty under subdivision 1 of intentionally transferring medical

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cannabis, while the person was an officer, director, or controlling person of the
manufacturer, to a person other than allowed by law; and
(2) in intentionally transferring medical cannabis to a person other than
allowed by law, the officer, director, or controlling person transported or
directed the transport of medical cannabis outside of Minnesota.
(b) All fines collected under this subdivision shall be deposited in the state
government special revenue fund.
Subd. 2. Diversion by patient, registered designated caregiver,
parent, legal guardian, or patient’s spouse; criminal penalty.
In addition to any other applicable penalty in law, a patient, registered
designated caregiver or, if listed on the registry verification, a parent, legal
guardian, or spouse of a patient who intentionally sells or otherwise transfers
medical cannabis to a person other than a patient, designated registered
caregiver or, if listed on the registry verification, a parent, legal guardian, or
spouse of a patient is guilty of a felony punishable by imprisonment for not
more than two years or by payment of a fine of not more than $3,000, or both.
Subd. 3. False statement; criminal penalty.
A person who intentionally makes a false statement to a law enforcement
official about any fact or circumstance relating to the medical use of cannabis
to avoid arrest or prosecution is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or by payment of a fine of not more
than $1,000, or both. The penalty is in addition to any other penalties that may
apply for making a false statement or for the possession, cultivation, or sale of
cannabis not protected by sections 152.22 to 152.37. If a person convicted of
violating this subdivision is a patient or a registered designated caregiver, the
person is disqualified from further participation under sections 152.22 to
152.37.
Subd. 4. Submission of false records; criminal penalty.
A person who knowingly submits false records or documentation required
by the commissioner to register as a manufacturer of medical cannabis under
sections 152.22 to 152.37 is guilty of a felony and may be sentenced to
imprisonment for not more than two years or by payment of a fine of not more
than $3,000, or both.
Subd. 5. Violation by health care practitioner; criminal penalty. A
health care practitioner who knowingly refers patients to a manufacturer or to
a designated caregiver, who advertises as a manufacturer, or who issues
certifications while holding a financial interest in a manufacturer is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90
days or by payment of a fine of not more than $1,000, or both. underline end
Subd. 6. Other violations; civil penalty. A manufacturer shall be fined
up to $1,000 for any violation of sections 152.22 to 152.37, or the regulations
issued pursuant to them, where no penalty has been specified. This penalty is
in addition to any other applicable penalties in law.

152.34 HEALTH CARE FACILITIES.

(a) Health care facilities licensed under chapter 144A, hospice providers
licensed under chapter 144A, boarding care homes or supervised living
facilities licensed under section 144.50, assisted living facilities, facilities
owned, controlled, managed, or under common control with hospitals licensed
under chapter 144, and other health facilities licensed by the commissioner of

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health, may adopt reasonable restrictions on the use of medical cannabis by
a patient enrolled in the registry program who resides at or is actively receiving
treatment or care at the facility. The restrictions may include a provision that
the facility will not store or maintain the patient's supply of medical cannabis,
that the facility is not responsible for providing the medical cannabis for
patients, and that medical cannabis be used only in a place specified by the
facility.
(b) Any employee or agent of a facility listed in this section or a person
licensed under chapter 144E is not subject to violations under this chapter for
possession of medical cannabis while carrying out employment duties,
including providing or supervising care to a registered patient, or distribution
of medical cannabis to a registered patient who resides at or is actively
receiving treatment or care at the facility with which the employee or agent is
affiliated. Nothing in this section shall require the facilities to adopt such
restrictions and no facility shall unreasonably limit a patient's access to or use
of medical cannabis to the extent that use is authorized by the patient under
sections 152.22 to 152.37.

152.35 FEES; DEPOSIT OF REVENUE.

(a) The commissioner shall collect an enrollment fee of $200 from patients
enrolled under this section. If the patient provides evidence of receiving Social
Security disability insurance (SSDI), Supplemental Security Income (SSI),
veterans disability, or railroad disability payments, or being enrolled in medical
assistance or MinnesotaCare, then the fee shall be $50.
For purposes of this section:
(1) a patient is considered to receive SSDI if the patient was receiving
SSDI at the time the patient was transitioned to retirement benefits by the
United States Social Security Administration; and
(2) veterans disability payments include VA dependency and
indemnity compensation.
Unless a patient provides evidence of receiving payments from or participating
in one of the programs specifically listed in this paragraph, the commissioner
of health must collect the $200 enrollment fee from a patient to enroll the
patient in the registry program. The fees shall be payable annually and are
due on the anniversary date of the patient's enrollment. The fee amount shall
be deposited in the state treasury and credited to the state government special
revenue fund.
(b) The commissioner shall collect an application fee of $20,000 from
each entity submitting an application for registration as a medical cannabis
manufacturer. Revenue from the fee shall be deposited in the state treasury
and credited to the state government special revenue fund.
(c) The commissioner shall establish and collect an annual fee from a
medical cannabis manufacturer equal to the cost of regulating and inspecting
the manufacturer in that year. Revenue from the fee amount shall be deposited
in the state treasury and credited to the state government special revenue
fund.
(d) A medical cannabis manufacturer may charge patients enrolled in the
registry program a reasonable fee for costs associated with the operations of
the manufacturer. The manufacturer may establish a sliding scale of patient

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fees based upon a patient's household income and may accept private
donations to reduce patient fees.

152.36 IMPACT ASSESSMENT OF MEDICAL CANNABIS

THERAPEUTIC RESEARCH.
Subdivision 1. Task force on medical cannabis therapeutic research.
(a) A 23-member task force on medical cannabis therapeutic research is
created to conduct an impact assessment of medical cannabis therapeutic
research. The task force shall consist of the following members:
(1) two members of the house of representatives, one selected by the
speaker of the house, the other selected by the minority leader;
(2) two members of the senate, one selected by the majority leader, the
other selected by the minority leader;
(3) four members representing consumers or patients enrolled in the
registry program, including at least two parents of patients under age 18;
(4) four members representing health care providers, including one
licensed pharmacist;
(5) four members representing law enforcement, one from the Minnesota
Chiefs of Police Association, one from the Minnesota Sheriff's Association,
one from the Minnesota Police and Peace Officers Association, and one from
the Minnesota County Attorneys Association;
(6) four members representing substance use disorder treatment
providers; and
(7) the commissioners of health, human services, and public safety.
(b) Task force members listed under paragraph (a), clauses (3), (4), (5),
and (6), shall be appointed by the governor under the appointment process in
section 15.0597. Members shall serve on the task force at the pleasure of the
appointing authority. All members must be appointed by July 15, 2014, and
the commissioner of health shall convene the first meeting of the task force by
August 1, 2014.
(c) There shall be two cochairs of the task force chosen from the
members listed under paragraph (a). One cochair shall be selected by the
speaker of the house and the other cochair shall be selected by the majority
leader of the senate. The authority to convene meetings shall alternate
between the cochairs.
(d) Members of the task force other than those in paragraph (a), clauses
(1), (2), and (7), shall receive expenses as provided in section 15.059,
subdivision 6.
Subd. 1a. Administration. The commissioner of health shall provide
administrative and technical support to the task force.
Subd. 2. Impact assessment. The task force shall hold hearings to
evaluate the impact of the use of medical cannabis and hemp and Minnesota's
activities involving medical cannabis and hemp, including, but not limited to:
(1) program design and implementation;
(2) the impact on the health care provider community;
(3) patient experiences;
(4) the impact on the incidence of substance abuse;
(5) access to and quality of medical cannabis, hemp, and medical
cannabis products;

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 (6) the impact on law enforcement and prosecutions;
(7) public awareness and perception; and
(8) any unintended consequences.
Subd. 3. Cost assessment.
By January 15 of each year, beginning January 15, 2015, and ending
January 15, 2019, the commissioners of state departments impacted by the
medical cannabis therapeutic research study shall report to the cochairs of the
task force on the costs incurred by each department on implementing sections
152.22 to 152.37. The reports must compare actual costs to the estimated
costs of implementing these sections and must be submitted to the task force
on medical cannabis therapeutic research
Subd. 4. Reports to the legislature.
(a) The cochairs of the task force shall submit the following reports to the
chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over health and human services, public safety,
judiciary, and civil law:
(1) by February 1, 2015, a report on the design and implementation of
the registry program; and every two years thereafter, a complete impact
assessment report; and
(2) upon receipt of a cost assessment from a commissioner of a state
agency, the completed cost assessment.
(b) The task force may make recommendations to the legislature on
whether to add or remove conditions from the list of qualifying medical
conditions.
Subd. 5. Expiration.
The task force on medical cannabis therapeutic research does not expire.

152.37 FINANCIAL EXAMINATIONS: PRICING REVIEWS.

Subdivision 1. Financial records.
A medical cannabis manufacturer shall maintain detailed financial records
in a manner and format approved by the commissioner, and shall keep all
records updated and accessible to the commissioner when requested.
Subd. 2. Certified annual audit.
A medical cannabis manufacturer shall submit the results of an annual
certified financial audit to the commissioner no later than May 1 of each year
for the calendar year beginning January 2015. The annual audit shall be
conducted by an independent certified public accountant and the costs of the
audit are the responsibility of the medical cannabis manufacturer. Results of
the audit shall be provided to the medical cannabis manufacturer and the
commissioner. The commissioner may also require another audit of the
medical cannabis manufacturer by a certified public accountant chosen by the
commissioner with the costs of the audit paid by the medical cannabis
manufacturer.
Subd. 3. Power to examine. (a) The commissioner or designee may
examine the business affairs and conditions of any medical cannabis
manufacturer, including but not limited to a review of the financing, budgets,
revenues, sales, and pricing.
(b) An examination may cover the medical cannabis manufacturer's
business affairs, practices, and conditions including but not limited to a review
of the financing, budgets, revenues, sales, and pricing. The commissioner
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shall determine the nature and scope of each examination and in doing so
shall take into account all available relevant factors concerning the financial
and business affairs, practices, and conditions of the examinee. The costs
incurred by the department in conducting an examination shall be paid for by
the medical cannabis manufacturer.
(c) When making an examination under this section, the commissioner
may retain attorneys, appraisers, independent economists, independent
certified public accountants, or other professionals and specialists as
designees. A certified public accountant retained by the commissioner may
not be the same certified public accountant providing the certified annual audit
in subdivision 2.
(d) The commissioner shall make a report of an examination conducted
under this section and provide a copy to the medical cannabis manufacturer.
The commissioner shall then post a copy of the report on the department's
Web site. All working papers, recorded information, documents, and copies
produced by, obtained by, or disclosed to the commissioner or any other
person in the course of an examination, other than the information contained
in any commissioner official report, made under this section are private data
on individuals or nonpublic data, as defined in section 13.02.

CHAPTER 243 CORRECTIONS; ADULTS

243.166 REGISTRATION OF PREDATORY OFFENDERS.

Subdivision 1. MS 2005 Repealed c 136 a 3 s 31
Subd. 1a. Definitions. (a) As used in this section, unless the context
clearly indicates otherwise, the following terms have the meanings given them.
(b) “Bureau” means the Bureau of Criminal Apprehension.
(c) "Corrections agent" means a county or state probation agent or other
corrections employee. The term also includes United States Probation and
Pretrial Services System employees who work with a person subject to this
section.
(d) “Dwelling” means the building where the person lives under a formal
or informal agreement to do so.
(e) “Incarceration” and “confinement” do not include electronic home
monitoring.
(f) “Law enforcement authority” or “authority” means the chief of police
of a home rule charter or statutory city, and the county sheriff of an
unincorporated area in that county. An authority must be located in Minnesota.
(g) “Motor vehicle” has the meaning given in section 169.01, subdivision
2.
(h) “Primary address” means the mailing address of the person’s
dwelling. If the mailing address is different from the actual location of the
dwelling, primary address also includes the physical location of the dwelling
described with as much specificity as possible.
(i) “School” includes any public or private educational institution,
including any secondary school, trade, or professional institution, or institution
of higher education, that the person is enrolled in on a full-time or part-time
basis.

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 (j) “Secondary address” means the mailing address of any place where
the person regularly or occasionally stays overnight when not staying at the
person’s primary address. If the mailing address is different from the actual
location of the place, secondary address also includes the physical location of
the place described with as much specificity as possible. However, the
location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless
individuals as defined in section 116L.361, subdivision 5, does not constitute
a secondary address.
(k) “Treatment facility” means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency treatment
programs and halfway houses licensed under chapter 245A, including, but not
limited to, those facilities directly or indirectly assisted by any department or
agency of the United States.
(l) “Work” includes employment that is full time or part time for a period
of time exceeding 14 days or for an aggregate period of time exceeding 30
days during any calendar year, whether financially compensated, volunteered,
or for the purpose of government or educational benefit.
Subd. 1b. Registration required. (a) A person shall register under this
section if:
(1) the person was charged with or petitioned for a felony violation of or
attempt to violate, or aiding, abetting, or conspiracy to commit, any of the
following, and convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343;.609.344;
609.345; 609.3451, subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section
609.746, subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or
attempt to violate, or aiding, abetting, or conspiring to commit any of the
following and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1,
paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;3
(iii) solicitation, inducement, or promotion of the prostitution of a minor
or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1,
paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section
609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section
617.246; or
(vii) possessing pornographic work involving a minor in violation of
section 617.24.
(3) the person was sentenced as a patterned sex offender under section
609.3455, subd. 3a; or

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(4) the person was charged with or petitioned for, including pursuant to
a court martial, violating a law of the United States, including the Uniform Code
of Military Justice, similar to an offense or involving similar circumstances to
an offense described in clause (1), (2), or (3), and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of
circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another
state similar to an offense or involving similar circumstances to an offense
described in paragraph (a), clause (1), (2), or (3), and convicted of or
adjudicated delinquent for that offense or another offense arising out of the
same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or
enters this state and remains for 14 days or longer or for an aggregate period
of time exceeding 30 days during any calendar year; and
(3) ten years have not elapsed since the person was released from
confinement or, if the person was not confined, since the person was convicted
of or adjudicated delinquent for the offense that triggers registration, unless
the person is subject to a longer registration period under the laws of another
state in which the person has been convicted or adjudicated, or is subject to
lifetime registration.
If a person described in this paragraph is subject to a longer registration
period in another state or is subject to lifetime registration, the person shall
register for that time period regardless of when the person was released from
confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was
committed pursuant to a court commitment order under Minnesota Statutes
2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section
526.10, or a similar law of another state or the United States, regardless of
whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or
attempt to violate any of the offenses listed in paragraph (a), clause (1), or a
similar law of another state or the United States, or the person was charged
with or petitioned for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental
deficiency after a trial for that offense, or found guilty but mentally ill after a
trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under
section 253B.18 or a similar law of another state or the United States.
Subd. 2. Notice. When a person who is required to register under
subdivision 1b, paragraph (a), is sentenced or becomes subject to a juvenile
court disposition order, the court shall tell the person of the duty to register
under this section and that, if the person fails to comply with the registration
requirements, information about the offender may be made available to the
public through electronic, computerized, or other accessible means. The court
may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form
stating that the duty of the person to register under this section has been

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explained. The court shall make available the signed court notification form,
the complaint, and sentencing documents to the bureau. If a person required
to register under subdivision 1b, paragraph (a), was not notified by the court
of the registration requirement at the time of sentencing or disposition, the
assigned corrections agent shall notify the person of the requirements of this
section. If a person required to register under subdivision 1b, paragraph (a),
was not notified by the court of the registration requirement at the time of
sentencing or disposition and does not have a corrections agent, the law
enforcement authority with jurisdiction over the person's primary address shall
notify the person of the requirements. When a person who is required to
register under subdivision 1b, paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration
information required under this section and forward it to the bureau.
Subd. 3. Registration procedure. (a) Except as provided in
subdivision 3a, a person required to register under this section shall register
with the corrections agent as soon as the agent is assigned to the person. If
the person does not have an assigned corrections agent or is unable to locate
the assigned corrections agent, the person shall register with the law
enforcement authority that has jurisdiction in the area of the person's primary
address.
(b) Except as provided in subdivision 3a, at least five days before the
person starts living at a new primary address, including living in another state,
the person shall give written notice of the new primary address to the assigned
corrections agent or to the law enforcement authority with which the person
currently is registered. If the person will be living in a new state and that state
has a registration requirement, the person shall also give written notice of the
new address to the designated registration agency in the new state. A person
required to register under this section shall also give written notice to the
assigned corrections agent or to the law enforcement authority that has
jurisdiction in the area of the person's primary address that the person is no
longer living or staying at an address, immediately after the person is no longer
living or staying at that address. The written notice required by this paragraph
must be provided in person. The corrections agent or law enforcement
authority shall, within two business days after receipt of this information,
forward it to the bureau. The bureau shall, if it has not already been done,
notify the law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the person is
leaving the state, the bureau shall notify the registration authority in the new
state of the new address. The person's registration requirements under this
section are suspended after the person begins living in the new state and the
bureau has confirmed the address in the other state through the annual
verification process on at least one occasion. The person’s registration
requirements under this section are reactivated if the person resumes living in
Minnesota and the registration time period described in subdivision 6 has not
expired.
(c) A person required to register under subdivision 1b, paragraph (b),
because the person is working or attending school in Minnesota shall register
with the law enforcement authority that has jurisdiction in the area where the
person works or attends school. In addition to other information required by

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this section, the person shall provide the address of the school or of the
location where the person is employed. A person shall comply with this
paragraph within five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the person is no
longer working or attending school in Minnesota.
(d) A person required to register under this section who works or attends
school outside of Minnesota shall register as a predatory offender in the state
where the person works or attends school. The person's corrections agent, or
if the person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the person's primary
address shall notify the person of this requirement.
Subd. 3a. Registration procedure when person lacks primary
address.
(a) If a person leaves a primary address and does not have a new primary
address, the person shall register with the law enforcement authority that has
jurisdiction in the area where the person is staying with 24 hours of the time
the person no longer has a primary address.
(b) Notwithstanding the time period for registration in paragraphs (a) and
(c), a person with a primary address of a correctional facility who is scheduled
to be released from the facility and who does not have a new primary address
shall register with the law enforcement authority that has jurisdiction in the
area where the person will be staying at least three days before the person is
released from the correctional facility.
(c) A person who lacks a primary address shall register with the law
enforcement authority that has jurisdiction in the area where the person is
staying within 24 hours after entering the jurisdiction. Each time a person who
lacks a primary address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law enforcement authority
that has jurisdiction in the area where the person is staying within 24 hours
after entering the jurisdiction.
(d) Upon registering under this subdivision, the person shall provide the
law enforcement authority with all of the information the individual is required
to provide under subdivision 4a. However, instead of reporting the person’s
primary address, the person shall describe the location of where the person is
staying with as much specificity as possible.
(e) Except as otherwise provided in paragraph (f), if a person continues to
lack a primary address, the person shall report in person on a weekly basis to
the law enforcement authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of 9:00 a.m. and
5:00 p.m. The person is not required to provide the registration information
required under subdivision 4a each time the offender reports to an authority,
but the person shall inform the authority of changes to any information
provided under this subdivision or subdivision 4a and shall otherwise comply
with this subdivision.
(f) If the law enforcement authority determines that it is impractical, due to
the person’s unique circumstances, to require a person lacking a primary
address to report weekly and in person as required under paragraph (e), the
authority may authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person’s corrections agent, if

421
the person has one, in establishing the specific criteria of this alternative
procedure, subject to the following requirements:
(1) the authority shall document, in the person’s registration record, the
specific reasons why the weekly in-person reporting process is impractical for
the person to follow:
(2) the authority shall explain how the alternative reporting procedure
furthers the public safety objectives of this section;
(3) the authority shall require the person lacking a primary address to
report in person at least monthly to the authority or the person’s corrections
agent and shall specify the location where the person shall report. If the
authority determines it would be more practical and would further public safety
for the person to report to another law enforcement authority with jurisdiction
where the person is staying, it may, after consulting with the other law
enforcement authority, include this requirement in the person’s alternative
reporting process;
(4) the authority shall require the person to comply with the weekly, in-
person reporting process required under paragraph (e), if the person moves
to a new area where this process would be practical;
(5) the authority shall require the person to report any changes to the
registration information provided under subdivision 4a and to comply with the
periodic registration requirements specified under paragraph (g); and
(6) the authority shall require the person to comply with the requirements
of subdivision 3, paragraphs (b) and (c), if the person moves to a primary
address.
(g) If a person continues to lack a primary address and continues to report
to the same law enforcement authority, the person shall provide the authority
with all of the information the individual is required to provide under this
subdivision and subdivision 4a at least annually, unless the person in required
to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a
similar law of another state or the United States. If the person is required to
register under subdivision 1b, paragraph (c), the person shall provide the law
enforcement authority with all of the information the individual is required to
report under this subdivision and subdivision 4a at least once every three
months.
(h) A law enforcement authority receiving information under this
subdivision shall forward registration information and changes to that
information to the bureau within two business days of receipt of the
information.
(i) For purposes of this subdivision, a person who fails to report a primary
address will be deemed to be a person who lacks a primary address, and the
person shall comply with the requirements for a person who lacks a primary
address.
Subd. 4. Contents of registration. (a) The registration provided to the
corrections agent or law enforcement authority, must consist of a statement in
writing signed by the person, giving information required by the bureau,
fingerprints, biological specimen for DNA analysis as defined under section
299C.155, subdivision 1, and photograph of the person taken at the time of
the person's release from incarceration or, if the person was not incarcerated,

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at the time the person initially registered under this section. The registration
information also must include a written consent form signed by the person
allowing a treatment facility or residential housing unit or shelter to release
information to a law enforcement officer about the person's admission to, or
residence in, a treatment facility or residential housing unit or shelter.
Registration information on adults and juveniles may be maintained together
notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c),
following commitment pursuant to a court commitment under Minnesota
Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992
section 526.10, or a similar law of another state or the United States, in
addition to other information required by this section, the registration provided
to the corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received during the
person's commitment. This documentation is limited to a statement of how far
the person progressed in treatment during commitment.
(c) Within three days of receipt, the corrections agent or law enforcement
authority shall forward the registration information to the bureau. The bureau
shall ascertain whether the person has registered with the law enforcement
authority in the area of the person’s primary address, if any, or if the person
lacks a primary address, where the person is staying, as required by
subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall notify that authority.
(d) The corrections agent or law enforcement authority may require that a
person required to register under this section appear before the agent or
authority to be photographed. The agent or authority shall submit the
photograph to the bureau.
(1) Except as provided in clause (2), the agent or authority may
photograph any offender at a time and frequency chosen by the agent or
authority.
(2) The requirements of this paragraph shall not apply during any period
where the person to be photographed is: (i) committed to the commissioner of
corrections and incarcerated, (ii) incarcerated in a regional jail or county jail,
or (iii) committed to the commissioner of human services and receiving
treatment in a secure treatment facility.
(e) During the period a person is required to register under this section,
the following provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall
mail a verification form to the person's last reported primary address. This
verification form must provide notice to the offender that, if the offender does
not return the verification form as required, information about the offender may
be made available to the public through electronic, computerized, or other
accessible means. For persons who are registered under subdivision 3a, the
bureau shall mail an annual verification form to the law enforcement authority
where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the
person completes and signs the form and returns it to the bureau. Notice is
sufficient under this paragraph, if the verification form is sent by first class mail
to the person’s last reported primary address, or for persons registered under

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subdivision 3a, to the law enforcement authority where the offender most
recently reported.
(2) The person shall mail the signed verification form back to the bureau
within ten days after receipt of the form, stating on the form the current and
last address of the person's residence and the other information required
under subdivision 4a.
(3) In addition to the requirements listed in this section, an offender who
is no longer under correctional supervision for a registration offense, or a
failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an in-person contact with a law enforcement authority
as provided in this section. If the person resides in Minnesota, the in-person
contact shall be with the law enforcement authority that has jurisdiction over
the person’s primary address or, if the person has no address, the location
where the person is staying. If the person does not reside in Minnesota but
works or attends school in this state, the person shall have an in-person
contact with the law enforcement authority or authorities with jurisdiction over
the person’s school or workplace. During the month of the person’s birth date,
the person shall report to the authority to verify the accuracy of the registration
information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the
person to the bureau’s predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to
the bureau within ten days after receipt of the form, or if the person fails to
report to the law enforcement authority during the month of the person’s birth
date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed verification
form to the bureau within ten days after receipt of the form and who has been
determined to be subject to community notification pursuant to section
253D.32 or is a risk level III offender under section 244.052, the bureau shall
immediately investigate and notify local law enforcement authorities to
investigate the person’s location and to ensure compliance with this section.
The bureau also shall immediately give notice of the person’s violation of this
section to the law enforcement authority having jurisdiction over the person’s
last registered primary address.
For persons required to register under subdivision 1b, paragraph (c),
following commitment pursuant to a court commitment under Minnesota
Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992,
section 526.10, or a similar law of another state or the United States, the
bureau shall comply with clause (1) at least two times each year. For persons
who, under section 244.052, are assigned to risk level III and who are no
longer under correction supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two times
each year. For all other persons required to register under this section, the
bureau shall comply with clause (1) each year within 30 days of the
anniversary date of the person's initial registration.
(f) For persons registered under this section on the effective date of this
section, each person, on or before one year from that date, must provide a
biological specimen for the purpose of DNA analysis to the probation agency
or law enforcement authority where that person is registered. A person who

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provides or has provided a biological specimen for the purpose of DNA

analysis under chapter 299C or section 609.117 meets the requirements of
this paragraph.
(g) For persons registered under this section on the effective date of this
section, each person, on or before one year from that date, must provide
fingerprints to the probation agency or law enforcement authority where that
person is registered.
Subd. 4a. Information required to be provided. (a) A person required
to register under this section shall provide to the corrections agent or law
enforcement authority the following information:
(1) the person's primary address;
(2) all of the person's secondary addresses in Minnesota, including all
addresses used for residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased, or rented by
the person;
(4) the addresses of all locations where the person is employed;
(5) the addresses of all schools where the person is enrolled;
(6) the year, model, make, license plate number, and color of all motor
vehicles owned or regularly driven by the person;
(7) the expiration year for the motor vehicle license plate tabs of all motor
vehicles owned by the person; and
(8) all telephone numbers including work, school, and home and any
cellular telephone service.
(b) The person shall report to the agent or authority the information
required to be provided under paragraph (a), clauses (2) to (8), within five days
of the date the clause becomes applicable. If because of a change in
circumstances any information reported under paragraph (a), clauses (1) to
(8), no longer applies, the person shall immediately inform the agent or
authority that the information is no longer valid. If the person leaves a primary
address and does not have a new primary address, the person shall register
as provided in subdivision 3a.
Subd. 4b. Health care facility; notice of status. (a) For the purposes
of this subdivision,
(1)“health care facility” means a facility:
(i) licensed by the commissioner of health as a hospital, boarding care
home or supervised living facility under sections 144.50 to 144.58, or a nursing
home under chapter 144A;
(ii) registered by the commissioner of health as a housing with services
establishment as defined in section 144D.01; or
(iii) licensed by the commissioner of human services as a residential
facility under chapter 245A to provide adult foster care, adult mental health
treatment, chemical dependency treatment to adults, or residential services to
persons with disabilities;
(2) "home care provider" has the meaning given in section 144A.43; and
(3) "hospice provider" has the meaning given in section 144A.75.
(b) Prior to admission to a health care facility or home care services
from a home care provider or hospice services from a hospice provider; a
person required to register under this section shall disclose to:

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 (1) the health care facility employee or the home care provider or
hospice provider processing the admission the person's status as a registered
predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an
assigned corrections agent, the law enforcement authority with whom the
person is currently required to register, that admission will occur.
(c) A law enforcement authority or corrections agent who receives
notice under paragraph (b) or who knows that a person required to register
under this section is planning to be admitted and receive, or has been admitted
and is receiving health care at a health care facility or home care services from
a home care provider or hospice services from a hospice provider, shall notify
the administrator of the facility or the home care provider or the hospice
provider and deliver a fact sheet to the administrator or provider containing the
following information: (1) name and physical description of the offender; (2)
the offender's conviction history, including the dates of conviction; (3) the risk
level classification assigned to the offender under section 244.052, if any; and
(4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a
health care facility receives a fact sheet under paragraph (c) that includes a
risk level classification for the offender, and if the facility admits the offender,
the facility shall distribute the fact sheet to all residents at the facility. If the
facility determines that distribution to a resident is not appropriate given the
resident's medical, emotional, or mental status, the facility shall distribute the
fact sheet to the patient's next of kin or emergency contact.
(e) If a home care provider or hospice provider receives a fact sheet
under paragraph (c) that includes a risk level classification for the offender, the
provider shall distribute the fact sheet to any individual who will provide direct
services to the offender before the individual begins to provide the service.
Subd. 4c Notices in writing; signed. All notices required by this section
must be in writing and signed by the person required to register. For purposes
of this section, a signature is as defined in section 645.44, subdivision 14, by
an electronic method established by the bureau, or by use of a biometric for
the person. If a biometric is used, the person must provide a sample that is
forwarded to the bureau so that it can be maintained for comparison purposes
to verify the person's identity. The bureau shall determine the signature
methods available for use and post this determination on the bureau's website.
Subd. 5. Criminal penalty. (a) A person required to register under this
section who was given notice, knows, or reasonably should know of the duty
to register and who:
(1) knowingly commits an act or fails to fulfill a requirement that violates
any provision of this section; or
(2) intentionally provides false information to a corrections agent, law
enforcement authority, or the bureau 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.
(b) Except as provided in paragraph (c), a person convicted of violating
paragraph (a) shall be committed to the custody of the commissioner of
corrections for not less than a year and a day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has previously been
convicted of or adjudicated delinquent for violating this section or a similar

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statute of another state or the United States, shall be committed to the custody
of the commissioner of corrections for not less than two years, nor more than
five years.
(d) Prior to the time of sentencing, the prosecutor may file a motion to
have the person sentenced without regard to the mandatory minimum
sentence established by this subdivision. The motion must be accompanied
by a statement on the record of the reasons for it. When presented with the
motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and
compelling reasons to do so. Sentencing a person in the manner described
in this paragraph is a departure from the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this subdivision is
not eligible for probation, parole, discharge, work release, conditional release,
or supervised release, until that person has served the full term of
imprisonment as provided by law, notwithstanding the provisions of sections
241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
Subd. 5a. Ten-year conditional release for violations committed by
level III offenders. Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing
guidelines, when a court commits a person to the custody of the commissioner
of corrections for violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the court shall
provide that after the person has been released from prison, the commissioner
shall place the person on conditional release for ten years. The terms of
conditional release are governed by section 609.3455, subdivision 8.
Subd. 6. Registration period. (a) Notwithstanding the provisions of
section 609.165, subdivision 1, and except as provided in paragraphs (b), (c),
and (d), a person required to register under this section shall continue to
comply with this section until ten years have elapsed since the person initially
registered in connection with the offense, or until the probation, supervised
release, or conditional release period expires, whichever occurs later. For a
person required to register under this section who is committed under section
253B.18, Minnesota Statutes 2012, section 253B.185, or chapter 253D, the
ten-year registration period does not include the period of commitment.
(b) If a person required to register under this section fails to provide the
person’s primary address as required by subdivision 3, paragraph (b), fails to
comply with the requirements of subdivision 3a, fails to provide information as
required by subdivision 4a, or fails to return the verification form referenced in
subdivision 4 within ten days, the commissioner of public safety shall require
the person to continue to register for an additional period of five years. This
five-year period is added to the end of the offender's registration period.
(c) If a person required to register under this section is incarcerated due
to a conviction for a new offense or following a revocation of probation,
supervised release, or conditional release for any offense, the person shall
continue to register until ten years have elapsed since the person was last
released from incarceration or until the person's probation, supervised
release, or conditional release period expires, whichever occurs later.
(d) A person shall continue to comply with this section for the life of that
person:

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 (1) if the person is convicted of or adjudicated delinquent for any offense
for which registration is required under subdivision 1b, or any offense from
another state or any federal offense similar to the offenses described in
subdivision 1b, and the person has a prior conviction or adjudication for an
offense for which registration was or would have been required under
subdivision 1b, or an offense from another state or a federal offense similar to
an offense described in subdivision 1b;
(2) if the person is required to register based upon a conviction or
delinquency adjudication for an offense under section 609.185, paragraph (a),
clause (2), or a similar statute from another state or the United States;
(3) if the person is required to register based upon a conviction for an
offense under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f),
or (h); 609.343, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345, subdivision 1, paragraph
(a), (c), or (g); or a statute from another state or the United States similar to
the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph
(c), following commitment pursuant to a court commitment under Minnesota
Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992,
section 526.10, or a similar law of another state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who is required
to register under the laws of a state in which the person has been previously
convicted or adjudicated delinquent, shall register under this section for the
time period required by the state of conviction or adjudication unless a longer
time period is required elsewhere in this section.
Subd. 7. Use of data. (a) Except as otherwise provided in subdivision
4b or 7a or sections 244.052 and 299C.093, the data provided under this
section is private data on individuals under section 13.02, subdivision 12.
(b) The data may be used only by law enforcement and corrections
agencies for law enforcement and corrections purposes. Law enforcement or
a corrections agent may disclose the status of an individual as a predatory
offender to a child protection worker with a local welfare agency for purposes
of doing a family assessment under chapter 260E. A corrections agent may
also disclose the status of an individual as a predatory offender to comply with
section 244.057.
(c) The commissioner of human services is authorized to have access to
the data for:
(1) state-operated services, as defined in section 246.014, for the
purposes described in section 246.13, subdivision 2, paragraph (b); and
(2) purposes of completing background studies under chapter 245C.
Subd. 7a. Availability of information on offenders who are out of
compliance with registration law. (a) The bureau may make information
available to the public about offenders who are 16 years of age or older and
who are out of compliance with this section for 30 days or longer for failure to
provide the offenders' primary or secondary addresses. This information may
be made available to the public through electronic, computerized, or other
accessible means. The amount and type of information made available is
limited to the information necessary for the public to assist law enforcement in
locating the offender.

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(b) An offender who comes into compliance with this section after the
bureau discloses information about the offender to the public may send a
written request to the bureau requesting the bureau to treat information about
the offender as private data, consistent with subdivision 7. The bureau shall
review the request and promptly take reasonable action to treat the data as
private, if the offender has complied with the requirement that the offender
provide the offender's primary and secondary addresses, or promptly notify
the offender that the information will continue to be treated as public
information and the reasons for the bureau's decision.
(c) If an offender believes the information made public about the offender
is inaccurate or incomplete, the offender may challenge the data under section
13.04, subdivision 4.
(d) The bureau is immune from any civil or criminal liability that might
otherwise arise, based on the accuracy or completeness of any information
made public under this subdivision, if the bureau acts in good faith.
Subd. 8. MS 2005 Repealed c 136 a 3 s 31
Subd. 9. Offenders from other states. (a) When the state accepts an
offender from another state under a reciprocal agreement under the interstate
compact authorized by section 243.1605, or under any authorized interstate
agreement, the acceptance is conditional on the offender agreeing to register
under this section when the offender is living in Minnesota.
(b) The Bureau of Criminal Apprehension shall notify the commissioner of
corrections:
(1) when the bureau receives notice from a local law enforcement
authority that a person from another state who is subject to this section has
registered with the authority, unless the bureau previously received
information about the offender from the commissioner of corrections;
(2) when a registration authority, corrections agent, or law enforcement
agency in another state notifies the bureau that a person from another state
who is subject to this section is moving to Minnesota; and
(3) when the bureau learns that a person from another state is in
Minnesota and allegedly in violation of subdivision 5 for failure to register.
(c) When a local law enforcement agency notifies the bureau of an out-of-
state offender’s registration, the agency shall provide the bureau with
information on whether the person is subject to community notification in
another state and the risk level the person was assigned, if any.
(d) The bureau must forward all information it receives regarding offenders
covered under this subdivision from sources other than the commissioner of
corrections to the commissioner.
(e) When the bureau receives information directly from a registration
authority, corrections agent, or law enforcement agency in another state that
a person who may be subject to this section is moving to Minnesota, the
bureau must ask whether the person entering the state is subject to community
notification in another state and the risk level the person has been assigned,
if any.
(f) When the bureau learns that a person subject to this section intends to
move into Minnesota from another state or has moved into Minnesota from
another state, the bureau shall notify the law enforcement authority with
jurisdiction in the area of the person’s primary address and provide all
information concerning the person that is available to the bureau.

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 (g) The commissioner of corrections must determine the parole,
supervised release, or conditional release status of persons who are referred
to the commissioner under this subdivision. If the commissioner determines
that a person is subject to parole, supervised release, or conditional release
in another state and is not registered in Minnesota under the applicable
interstate compact, the commissioner shall inform the local law enforcement
agency that the person is in violation of section 243.161. If the person is not
subject to supervised release, the commissioner shall notify the bureau and
the local law enforcement agency of the person’s status.
Subd. 10. Repealed, 1Sp2001 c 8 art 9 s 8
Subd. 10. Venue; aggregation. (a) A violation of this section may be
prosecuted in any jurisdiction where an offense takes place. However, the
prosecutorial agency in the jurisdiction where the person last registered a
primary address in initially responsible to review the case for prosecution.
(b) When a person commits two or more offenses in two or more counties,
the accused may be prosecuted for all of the offenses in any county in which
one of the offenses was committed.
Subd. 11. Certified copies as evidence. Certified copies of predatory
offender registration records are admissible as substantive evidence when
necessary to prove the commission of a violation of this section.

243.167 REGISTRATION UNDER PREDATORY OFFENDER

REGISTRATION LAW FOR OTHER OFFENSES.
Subdivision 1. Definition. As used in this section, "crime against the
person" means a violation of any of the following or a similar law of another
state or of the United States: section 609.165; 609.185; 609.19; 609.195;
609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, subdivision
2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235; 609.245, subdivision
1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1; 609.582,
subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section
609.229; 609.377; 609.749; or 624.713.
Subd. 2. When required. (a) In addition to the requirements of section
243.166, a person also shall register under section 243.166 if:
(1) the person is convicted of a crime against the person; and
(2) the person was previously convicted of or adjudicated delinquent for
an offense listed in section 243.166, or a comparable offense in another state,
but was not required to register for the offense because the registration
requirements of that section did not apply to the person at the time the offense
was committed or at the time the person was released from imprisonment.
(b) A person who was previously required to register in any state and who
has completed the registration requirements of that state shall again register
under section 243.166 if the person commits a crime against the person.

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CHAPTER 299C BUREAU OF CRIMINAL

APPREHENSION

299C.10 IDENTIFICATION DATA REQUIRED.

Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers,
and community corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken immediately finger and thumb prints,
photographs, distinctive physical mark identification data, information on any
known aliases or street names, and other identification data requested or
required by the superintendent of the bureau, of the following:
(1) persons arrested for, appearing in court on a charge of, or convicted
of a felony, gross misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated
delinquent for, or alleged to have committed felonies or gross misdemeanors
as distinguished from those committed by adult offenders;
(3) adults and juveniles admitted to jails or detention facilities;
(4) persons reasonably believed by the arresting officer to be fugitives
from justice;
(5) persons in whose possession, when arrested, are found concealed
firearms or other dangerous weapons, burglar tools or outfits, high-power
explosives, or articles, machines, or appliances usable for an unlawful purpose
and reasonably believed by the arresting officer to be intended for such
purposes;
(6) juveniles referred by a law enforcement agency to a diversion program
for a felony or gross misdemeanor offense; and
(7) persons currently involved in the criminal justice process, on probation,
on parole, or in custody for any offense whom the superintendent of the bureau
identifies as being the subject of a court disposition record which cannot be
linked to an arrest record, and whose fingerprints are necessary to reduce the
number of suspense files, or to comply with the mandates of section
299C.111, relating to the reduction of the number of suspense files. This duty
to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest
interviews; while making court appearances; while in custody; or while on any
form of probation, diversion, or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period,
within 24 hours of taking the fingerprints and data, the fingerprint records and
other identification data specified under paragraph (a) must be electronically
entered into a bureau-managed searchable database in a manner as may be
prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents,
employees, and subordinates, shall attempt to ensure that the required
identification data is taken on a person described in paragraph (a). Law
enforcement may take fingerprints of an individual who is presently on
probation.
(d) Finger and thumb prints must be obtained no later than:
(1) release from booking; or
(2) if not booked prior to acceptance of a plea of guilty or not guilty.

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 Prior to acceptance of a plea of guilty or not guilty, an individual’s finger
and thumb prints must be submitted to the Bureau of Criminal Apprehension
for the offense. If finger and thumb prints have not been successfully received
by the bureau, an individual may, upon order of the court, be taken into custody
for no more than eight hours so that the taking of prints can be completed.
Upon notice and motion of the prosecuting attorney, this time period may be
extended upon a showing that additional time in custody is essential for the
successful taking of prints.
(e) For purposes of this section, a targeted misdemeanor is a
misdemeanor violation of section 169A.20 (driving while impaired), 518B.01
(order for protection violation), 609.224 (fifth-degree assault), 609.2242
(domestic assault), 609.746 (interference with privacy), 609.748 (harassment
or restraining order violation), 617.23 (indecent exposure), or 629.75
(domestic abuse no contact order).
Subd. 1a. Court disposition record in suspense; fingerprinting. The
superintendent of the bureau shall inform a prosecuting authority that a person
prosecuted by that authority is the subject of a court disposition record in
suspense which requires fingerprinting under this section. Upon being notified
by the superintendent or otherwise learning of the suspense status of a court
disposition record, any prosecuting authority may bring a motion in district
court to compel the taking of the person’s fingerprints upon a showing to the
court that the person is the subject of the court disposition record in suspense.
Subd. 2. Law enforcement education. The sheriffs and police officers
who take finger and thumb prints must obtain training in the proper methods
of taking and transmitting finger prints under this section consistent with
bureau requirements.
Subd. 3. Bureau duty. The bureau must convert into an electronic
format for entry in the criminal records system fingerprints, thumbprints, and
other identification data within three business days after they are received
under this section if the fingerprints, thumbprints, and other identification data
were not electronically entered by a criminal justice agency.
Subd. 4. Fee for background check; account; appropriation. The
superintendent shall collect a fee in an amount to cover the expense for each
background check provided for a purpose not directly related to the criminal
justice system or required by section 624.7131, 624.7132, or 624.714. The
proceeds of the fee must be deposited in a special account. Money in the
account is annually appropriated to the commissioner to maintain and improve
the quality of the criminal record system in Minnesota. The superintendent
shall collect an additional handling fee of $7 for FBI background fingerprint
checks.
Subd. 5. Fee for taking fingerprints; account; appropriation. The
superintendent may charge a fee of $10 to take fingerprints for the public when
required by an employer or government entity for either employment or
licensing. No fee will be charged when there is a question whether the person
is the subject of a criminal history record. The proceeds of the fee must be
deposited in an account in the special revenue fund. Money in the account is
annually appropriated to the commissioner to maintain and improve the quality
of the criminal record system in Minnesota.

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299C.105 DNA DATA REQUIRED.

Subdivision 1. Required collection of biological specimen for DNA
testing. (a) Sheriffs, peace officers, and community corrections agencies
operating secure juvenile detention facilities shall take or cause to be taken
biological specimens for the purpose of DNA analysis as defined in section
299C.155, of the following:
(1) persons who have appeared in court and have had a judicial probable
cause determination on a charge of committing, or persons having been
convicted of or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under section
609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344,
609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under section
609.3455, subdivision 3a; or
(3) juveniles who have appeared in court and have had a judicial probable
cause determination on a charge of committing, or juveniles having been
adjudicated delinquent for committing or attempting to commit, any of the
following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery under section
609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344,
609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a shorter period,
within 72 hours the biological specimen required under paragraph (a) must be
forwarded to the bureau in such a manner as may be prescribed by the
superintendent.
(c) Prosecutors, courts, and probation officers shall attempt to ensure that
the biological specimen is taken on a person described in paragraph (a).
Subdivision 1, paragraph (a), clauses (1) and (3), were found unconstitutional
as applied to a person who has been charged but not convicted in re Welfare
of C.T.L., 722 N.W.2d 484 (Minn. Ct. App. 2006).
Subd. 2. Law enforcement training; duties. (a) The persons who
collect the biological specimens required under subdivision 1 must be trained

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to bureau-established standards in the proper method of collecting and
transmitting biological specimens.
(b) A law enforcement officer who seeks to collect a biological specimen
from a juvenile pursuant to subdivision 1 must notify the juvenile’s parent or
guardian prior to collecting the biological specimen.
Subd. 3. Bureau duty. (a) The bureau shall destroy the biological
specimen and return all records to a person who submitted a biological
specimen under subdivision 1 but who was found not guilty of a felony. Upon
the request of a person who submitted a biological specimen under
subdivision 1 but where the charge against the person was later dismissed,
the bureau shall destroy the person’s biological specimen and return all
records to the individual.
(b) If the bureau destroys a biological specimen under paragraph (a), the
bureau shall also remove the person’s information from the bureau’s
combined DNA index system and return all related records, and all copies or
duplicates of them.

299C.106 SEXUAL ASSAULT EXAMINATION KIT HANDLING.

Subdivision 1. Definitions. (a) As used in this section, the terms in this
subdivision have the meanings given.
(b) "Forensic laboratory" has the meaning given in section 299C.157,
subdivision 1, clause (2).
(c) "Patient" has the meaning given in section 144.291, subdivision 2,
paragraph (g), and means a person who consents to a sexual assault
examination.
(d) "Release form" means a document provided by the hospital to the
patient at the time of the sexual assault examination that gives the patient the
option of authorizing, in writing, the release of the kit to law enforcement.
(e) "Restricted sexual assault examination kit" means a kit that does not
have an accompanying release form signed by the patient authorizing law
enforcement to submit the kit to a forensic laboratory. A health care
professional shall provide the patient with information about how to convert a
restricted sexual assault examination kit to unrestricted status.
(f) "Sexual assault examination kit" means a collection of evidence,
including biological material, gathered from a patient by a health care
professional.
(g) "Submitted sexual assault examination kit" means an unrestricted kit
that has been submitted by law enforcement to a forensic laboratory.
(h) "Unrestricted sexual assault examination kit" means a kit that has an
accompanying release form signed by the patient allowing law enforcement to
submit the kit to a forensic laboratory.
(i) "Unsubmitted sexual assault examination kit" means an unrestricted kit
that has not been submitted by law enforcement to a forensic laboratory.
Subd. 2. Transfer of unrestricted sexual assault examination kit from
health care professional to law enforcement agency. When a sexual
assault examination is performed, evidence is collected, and the patient
requests that law enforcement officials be notified and signs a release form,
the individual performing the examination, or the individual's designee, shall
notify the appropriate law enforcement agency of the collection of the evidence
in an unrestricted sexual assault examination kit. The agency must retrieve an

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unrestricted sexual assault examination kit from the health care professional
within ten days of receiving notice that the kit is available for transfer.
Notification to the agency shall be made in writing, by telephone, or by
electronic communication.
Subd. 3. Submission of unrestricted sexual assault examination kit.
Within 60 days of receiving an unrestricted sexual assault examination kit, a
law enforcement agency shall submit the kit for testing to a forensic laboratory,
unless the law enforcement agency deems the result of the kit would not add
evidentiary value to the case. If a kit is not submitted during this time, the
agency shall make a record, in consultation with the county attorney, stating
the reasons why the kit was not submitted. Restricted sexual assault
examination kits shall not be submitted for testing.
Subd. 4. No basis for dismissal or bar to admissibility of evidence.
Failure to meet a deadline established in this section is not a basis for
dismissal of a criminal action or a bar to the admissibility of the evidence in a
criminal action.

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.

Subdivision 1. Identification data other than DNA. (a) Each sheriff
and chief of police shall furnish the bureau, upon such form as the
superintendent shall prescribe, with such finger and thumb prints,
photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be
taken under the provisions of section 299C.10. In addition, sheriffs and chiefs
of police shall furnish this identification data to the bureau for individuals found
to have been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their arrest. When
the bureau learns that an individual who is the subject of a background check
has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau
shall convert into an electronic format, if necessary, and enter into a bureau-
managed searchable database the new identifying information when
supported by fingerprints within three business days of learning the
information if the information is not entered by a law enforcement agency.
(b) No petition under chapter 609A is required if the person has not been
convicted of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding the determination
of all pending criminal actions or proceedings in favor of the arrested person,
and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause;
or
(2) the prosecuting authority declined to file any charges and a grand jury
did not return an indictment.
Where these conditions are met, the bureau or agency shall, upon
demand, destroy the arrested person’s finger and thumb prints, photographs,
distinctive physical mark identification data, information on known aliases and
street names, and other identification data, and all copies and duplicates of
them.

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 (c) Except as otherwise provided in paragraph (b), upon the determination
of all pending criminal actions or proceedings in favor of the arrested person,
and the granting of the petition of the arrested person under chapter 609A, the
bureau shall seal finger and thumb prints, photographs, distinctive physical
mark identification data, information on known aliases and street names, and
other identification data, and all copies and duplicates of them if the arrested
person has not been convicted of any felony or gross misdemeanor, either
within or without the state, within the period of ten years immediately preceding
such determination.
Subd. 2. DNA samples; law enforcement duties. (a) Each sheriff and
chief of police shall furnish the bureau, in such form as the superintendent
shall prescribe, with the biological specimens required to be taken under
section 299C.105.
(b) DNA samples and DNA records of the arrested person obtained
through authority other than section 299C.105 shall not be returned, sealed,
or destroyed as to a charge supported by probable cause.
Subd. 3. Definitions. For purposes of this section:
(1) “determination of all pending criminal actions or proceedings in favor
of the arrested person” does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision
1, 242.31, or chapter 609A;
(ii) the arrested person’s successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) “targeted misdemeanor” has the meaning given in section 299C.10,
subdivision 1.

CHAPTER 340A LIQUOR

340A.503 PERSONS UNDER 21; ILLEGAL ACTS
Subdivision 1. Consumption. (a) It is unlawful for any:
(1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal
liquor store, or bottle club permit holder under section 340A.414, to permit any
person under the age of 21 years to drink alcoholic beverages on the licensed
premises or within the municipal liquor store; or
(2) person under the age of 21 years to consume any alcoholic beverages.
If proven by a preponderance of the evidence, it is an affirmative defense to a
violation of this clause that the defendant consumed the alcoholic beverage in
the household of the defendant's parent or guardian and with the consent of
the parent or guardian.
(b) An offense under paragraph (a), clause (2), may be prosecuted either
in the jurisdiction where consumption occurs or the jurisdiction where evidence
of consumption is observed.
(c) As used in this subdivision, "consume" includes the ingestion of an
alcoholic beverage and the physical condition of having ingested an alcoholic
beverage.
Subd. 2. Purchasing. It is unlawful for any person:
(1) to sell, barter, furnish, or give alcoholic beverages to a person under
21 years of age;

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(2) under the age of 21 years to purchase or attempt to purchase any

alcoholic beverage unless under the supervision of a responsible person over
the age of 21 for training, education, or research purposes. Prior notification
of the licensing authority is required unless the supervised alcohol purchase
attempt is for professional research conducted by post-secondary educational
institutions or state, county, or local health departments; or
(3) to induce a person under the age of 21 years to purchase or procure
any alcoholic beverage, or to lend or knowingly permit the use of the person's
driver's license, permit, Minnesota identification card, or other form of
identification by a person under the age of 21 years for the purpose of
purchasing or attempting to purchase an alcoholic beverage.
If proven by a preponderance of the evidence, it shall be an affirmative
defense to a violation of clause (1) that the defendant is the parent or guardian
of the person under 21 years of age and that the defendant gave or furnished
the alcoholic beverage to that person solely for consumption in the defendant's
household.
Subd. 3. Possession. It is unlawful for a person under the age of 21 years
to possess any alcoholic beverage with the intent to consume it at a place
other than the household of the person's parent or guardian. Possession at a
place other than the household of the parent or guardian creates a rebuttable
presumption of intent to consume it at a place other than the household of the
parent or guardian. This presumption may be rebutted by a preponderance of
the evidence.
Subd. 4. Entering licensed premises. (a) It is unlawful for a person
under the age of 21 years to enter an establishment licensed for the sale of
alcoholic beverages or any municipal liquor store for the purpose of
purchasing or having served or delivered any alcoholic beverage.
(b) Notwithstanding section 340A.509, no ordinance enacted by a
statutory or home rule charter city may prohibit a person 18, 19, or 20 years
old from entering an establishment licensed under this chapter to:
(1) perform work for the establishment, including the serving of alcoholic
beverages, unless otherwise prohibited by section 340A.412, subdivision 10;
(2) consume meals; and
(3) attend social functions that are held in a portion of the establishment
where liquor is not sold.
Subd. 5. Misrepresentation of age. It is unlawful for a person under the
age of 21 years to claim to be 21 years old or older for the purpose of
purchasing alcoholic beverages.
Subd. 5a. Attainment of Age. With respect to purchasing, possessing,
consuming, selling, furnishing, and serving alcoholic beverages, a person is
not 21 years of age until 8:00 a.m. on the day of that person’s 21st birthday.
Subd. 6. Proof of age; defense; seizure of false identification. (a)
Proof of age for purchasing or consuming alcoholic beverages may be
established only by one of the following:
(1) a valid driver's license or identification card issued by Minnesota,
another state, or a province of Canada, and including the photograph and date
of birth of the licensed person;
(2) a valid military identification card issued by the United States
Department of Defense;
(3) a valid passport issued by the United States; or

437
 (4) a valid instructional permit issued under section 171.05 to a person of
legal age to purchase alcohol which includes a photograph and the date of
birth of the person issued the permit; or
(5) in the case of a foreign national, by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), it is a defense for the
defendant to prove by a preponderance of the evidence that the defendant
reasonably and in good faith relied upon representations of proof of age
authorized in paragraph (a) in selling, bartering, furnishing, or giving the
alcoholic beverage.
(c) A licensed retailer or municipal liquor store may seize a form of
identification listed under paragraph (a) if the retailer or municipal liquor store
has reasonable grounds to believe that the form of identification has been
altered or falsified or is being used to violate any law. A retailer or municipal
liquor store that seizes a form of identification as authorized under this
paragraph must deliver it to a law enforcement agency, within 24 hours of
seizing it.
Subd. 7. Repealed, 1989 c 351 s 19
Subd. 8. Prosecution; immunity. (a) A person is not subject to
prosecution under subdivision 1, paragraph (a), clause (2), or subdivision (3),
if the person contacts a 911 operator to report that the person or another
person is in need of medical assistance for an immediate health or safety
concern, provided that the person who initiates contact is the first person to
make such a report, provides a name and contact information, remains on the
scene until assistance arrives, and cooperates with the authorities at the
scene.
(b) The person who receives medical assistance shall also be immune
from prosecution under paragraph (a).
(c) Paragraph (a) also applies to one or two persons acting in concert with
the person initiating contact provided that all the requirements of paragraph
(a) are met.

340A.703 Misdemeanors.
Where no other penalty is specified a violation of any provision of this
chapter is a misdemeanor. A minimum fine of $100 must be assessed against
a person under the age of 21 years who violates section 340A.503.

CHARITABLE AUCTIONS
340A.707 AUCTION OR RAFFLE FOR CHARITABLE
PURPOSES.
Notwithstanding sections 340A.401, 340A.414, and 340A.505, a nonprofit
organization conducting a silent auction, raffle, or other fund raising event may
conduct live, on premises auctions or raffles of wine, beer, or intoxicating
liquors, provided that funds from the auction or raffle are dedicated to the
charitable purposes of the nonprofit organization, such auctions or raffles are
limited to not more than six occasions per year, and the alcohol may only be
auctioned or raffled to persons who demonstrate that they are 21 years of age
or older and do not show signs of obvious intoxication. Nothing in this section
authorizes on premises consumption of alcohol.

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CHAPTER 518B DOMESTIC ABUSE

518B.01 DOMESTIC ABUSE ACT

Subdivision 1. Short title. This section may be cited as the “Domestic
Abuse Act. “
Subd. 2. Definitions. As used in this section, the following terms shall
have the meanings given them:
(a) "Domestic abuse" means the following, if committed against a family
or household member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault;
or
(3) terroristic threats, within the meaning of section 609.713, subdivision
1; criminal sexual conduct, within the meaning of section 609.342, 609.343,
609.344, 609.345, or 609.3451; or interference with an emergency call
within the meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided
together in the past;
(5) persons who have a child in common regardless of whether they have
been married or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to
be the father, regardless of whether they have been married or have lived
together at any time; and
(7) persons involved in a significant romantic or sexual relationship.
Issuance of an order for protection on the ground in clause (6) does not
affect a determination of paternity under sections 257.51 to 257.74. In
determining whether persons are or have been involved in a significant
romantic or sexual relationship under clause (7), the court shall consider the
length of time of the relationship; type of relationship; frequency of interaction
between the parties; and, if the relationship has terminated, length of time
since the termination.
(c) "Qualified domestic violence-related offense" has the meaning given
in section 609.02, subdivision 16.
Subd. 3. Court jurisdiction. An application for relief under this section
may be filed in the court having jurisdiction over dissolution actions, in the
county of residence of either party, in the county in which a pending or
completed family court proceeding involving the parties or their minor children
was brought, or in the county in which the alleged domestic abuse occurred.
There are no residency requirements that apply to a petition for an order for
protection. In a jurisdiction which utilizes referees in dissolution actions, the
court or judge may refer actions under this section to a referee to take and
report the evidence in the action in the same manner and subject to the same
limitations provided in section 518.13. Actions under this section shall be
given docket priorities by the court.

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 Subd. 3a. Filing fee. The filing fees for an order for protection under
this section are waived for the petitioner and respondent. The court
administrator, the sheriff of any county in this state, and other law enforcement
and corrections officers shall perform their duties relating to service of process
without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server
when the sheriff or other law enforcement or corrections officer is unavailable
or if service is made by publication, without requiring the petitioner to make
application under section 563.01.
Subd. 3b. Information on petitioner's location or residence. Upon the
petitioner's request, information maintained by the court regarding the
petitioner's location or residence is not accessible to the public and may be
disclosed only to court personnel or law enforcement for purposes of service
of process, conducting an investigation, or enforcing an order.
Subd. 4. Order for protection. There shall exist an action known as a
petition for an order for protection in cases of domestic abuse.
(a) A petition for relief under this section may be made by any family or
household member personally or by a family or household member, a
guardian as defined in section 524.1-201, clause (26), or, if the court finds that
it is in the best interests of the minor, by a reputable adult age 25 or older on
behalf of minor family or household members. A minor age 16 or older may
make a petition on the minor's own behalf against a spouse or former spouse,
or a person with whom the minor has a child in common, if the court
determines that the minor has sufficient maturity and judgment and that it is in
the best interests of the minor.
(b) A petition for relief shall allege the existence of domestic abuse, and
shall be accompanied by an affidavit made under oath stating the specific facts
and circumstances from which relief is sought.
(c) A petition for relief must state whether the petitioner has ever had an
order for protection in effect against the respondent.
(d) A petition for relief must state whether there is an existing order for
protection in effect under this chapter governing both the parties and whether
there is a pending lawsuit, complaint, petition or other action between the
parties under chapter 257, 518, 518A, 518B, or 518C. The court administrator
shall verify the terms of any existing order governing the parties. The court
may not delay granting relief because of the existence of a pending action
between the parties or the necessity of verifying the terms of an existing order.
A subsequent order in a separate action under this chapter may modify only
the provision of an existing order that grants relief authorized under
subdivision 6, paragraph (a), clause (1). A petition for relief may be granted,
regardless of whether there is a pending action between the parties.
(e) The court shall provide simplified forms and clerical assistance to help
with the writing and filing of a petition under this section.
(f) The court shall advise a petitioner under paragraph (e) of the right to
file a motion and affidavit and to sue in forma pauperis pursuant to section
563.01 and shall assist with the writing and filing of the motion and affidavit.
(g) The court shall advise a petitioner under paragraph (e) of the right to
serve the respondent by published notice under subdivision 5, paragraph (b),
if the respondent is avoiding personal service by concealment or otherwise,
and shall assist with the writing and filing of the affidavit.

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(h) The court shall advise the petitioner of the right to seek restitution
under the petition for relief.
(i) The court shall advise the petitioner of the right to request a hearing
under subdivision 7, paragraph (c). If the petitioner does not request a
hearing, the court shall advise the petitioner that the respondent may request
a hearing and that notice of the hearing date and time will be provided to the
petitioner by mail at least five days before the hearing.
(j) The court shall advise the petitioner of the right to request supervised
parenting time, as provided in section 518.175, subdivision 1a.
Subd. 5. Hearing on application; notice. (a) Upon receipt of the
petition, the court shall order a hearing which shall be held not later than 14
days from the date of the order for hearing unless an ex parte order is issued.
(b) If an ex parte order has been issued under subdivision 7 and the
petitioner seeks only the relief under subdivision 7, paragraph (a), a hearing
is not required unless:
(1) the court declines to order the requested relief; or
(2) one of the parties requests a hearing.
(c) If an ex parte order has been issued under subdivision 7 and the
petitioner seeks relief beyond that specified in subdivision 7, paragraph (a), or
if the court declines to order relief requested by the petitioner, a hearing must
be held within seven days. Personal service of the ex parte order may be
made upon the respondent at any time up to 12 hours prior to the time set for
the hearing, provided that the respondent at the hearing may request a
continuance of up to five days if served fewer than five days prior to the hearing
which continuance shall be granted unless there are compelling reasons not
to.
(d) If an ex parte order has been issued only granting relief under
subdivision 7, paragraph (a), and the respondent requests a hearing, the
hearing shall be held within ten days of the court's receipt of the respondent's
request. Service of the notice of hearing must be made upon the petitioner
not less than five days prior to the hearing. The court shall serve the notice of
hearing upon the petitioner by mail in the manner provided in the rules of civil
procedure for pleadings subsequent to a complaint and motions and shall also
mail notice of the date and time of the hearing to the respondent. In the event
that service cannot be completed in time to give the respondent or petitioner
the minimum notice required under this subdivision, the court may set a new
hearing date no more than five days later.
(e) If for good cause shown either party is unable to proceed at the initial
hearing and requests a continuance and the court finds that a continuance is
appropriate, the hearing may be continued. Unless otherwise agreed by the
parties and approved by the court, the continuance shall be for no more than
five days. If the court grants the requested continuance, the court shall also
issue a written order continuing all provisions of the ex parte order pending the
issuance of an order after the hearing.
(f) Notwithstanding the preceding provisions of this subdivision, service
on the respondent may be made by one week published notice, as provided
under section 645.11, provided the petitioner files with the court an affidavit
stating that an attempt at personal service made by a sheriff or other law
enforcement or corrections officer was unsuccessful because the respondent
is avoiding service by concealment or otherwise, and that a copy of the petition

441
and notice of hearing has been mailed to the respondent at the respondent's
residence or that the residence is not known to the petitioner. Service under
this paragraph is complete seven days after publication. The court shall set a
new hearing date if necessary to allow the respondent the five-day minimum
notice required under paragraph (d).
Subd. 6. Relief by court. (a) Upon notice and hearing, the court may
provide relief as follows:
(1) restrain the abusing party from committing acts of domestic abuse;
(2) exclude the abusing party from the dwelling which the parties share or
from the residence of the petitioner;
(3) exclude the abusing party from a reasonable area surrounding the
dwelling or residence, which area shall be described specifically in the order;
(4) award temporary custody or establish temporary parenting time with
regard to minor children of the parties on a basis which gives primary
consideration to the safety of the victim and the children. In addition to the
primary safety considerations, the court may consider particular best interest
factors that are found to be relevant to the temporary custody and parenting
time award. Findings under section 257.025, 518.17, or 518.175 are not
required with respect to the particular best interest factors not considered by
the court. If the court finds that the safety of the victim or the children will be
jeopardized by unsupervised or unrestricted parenting time, the court shall
condition or restrict parenting time as to time, place, duration, or supervision,
or deny parenting time entirely, as needed to guard the safety of the victim
and the children. The court's decision on custody and parenting time shall in
no way delay the issuance of an order for protection granting other relief
provided for in this section. The court must not enter a parenting plan under
section 518.1705 as part of an action for an order for protection;
(5) on the same basis as is provided in chapter 518 or 518A, establish
temporary support for minor children or a spouse, and order the withholding
of support from the income of the person obligated to pay the support
according to chapter 518A;
(6) provide upon request of the petitioner counseling or other social
services for the parties, if married, or if there are minor children;
(7) order the abusing party to participate in treatment or counseling
services, including requiring the abusing party to successfully complete a
domestic abuse counseling program or educational program under section
518B.02;
(8) award temporary use and possession of property and restrain one or
both parties from transferring, encumbering, concealing, or disposing of
property except in the usual course of business or for the necessities of life,
and to account to the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated to the party
restrained in open court;
(9) exclude the abusing party from the place of employment of the
petitioner, or otherwise limit access to the petitioner by the abusing party at
the petitioner's place of employment;
(10) order the abusing party to have no contact with the petitioner whether
in person, by telephone, mail, or electronic mail or messaging, through a third
party, or by any other means.
(11) order the abusing party to pay restitution to the petitioner;

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(12) order the continuance of all currently available insurance coverage

without change in coverage or beneficiary designation;
(13) order, in its discretion, other relief as it deems necessary for the
protection of a family or household member, including orders or directives to
the sheriff or other law enforcement or corrections officer as provided by this
section;
(14) direct the care, possession, or control of a pet or companion animal
owned, possessed, or kept by the petitioner or respondent or a child of the
petitioner or respondent; and
(15) direct the respondent to refrain from physically abusing or injuring
any pet or companion animal, without legal justification, known to be owned,
possessed, kept, or held by either party or a minor child residing in the
residence or household of either party as an indirect means of intentionally
threatening the safety of such person.
(b) Any relief granted by the order for protection shall be for a period not
to exceed two years, except when the court determines a longer period is
appropriate. When a referee presides at the hearing on the petition, the order
granting relief becomes effective upon the referee's signature.
(c) An order granting the relief authorized in paragraph (a), clause (1),
may not be vacated or modified in a proceeding for dissolution of marriage or
legal separation, except that the court may hear a motion for modification of
an order for protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required by court rule
shall not be waived. If the proceedings are consolidated and the motion to
modify is granted, a separate order for modification of an order for protection
shall be issued.
(d) An order granting the relief authorized in paragraph (a), clause (2) or
(3), is not voided by the admittance of the abusing party into the dwelling from
which the abusing party is excluded.
(e) If a proceeding for dissolution of marriage or legal separation is
pending between the parties, the court shall provide a copy of the order for
protection to the court with jurisdiction over the dissolution or separation
proceeding for inclusion in its file.
(f) An order for restitution issued under this subdivision is enforceable as
civil judgment.
(g) An order granting relief shall prohibit the abusing party from
possessing firearms for the length the order is in effect if the order (1) restrains
the abusing party from harassing, stalking, or threatening the petitioner or
restrains the abusing party from engaging in other conduct that would place
the petitioner in reasonable fear of bodily injury, and (2) includes a finding that
the abusing party represents a credible threat to the physical safety of the
petitioner or prohibits the abusing party from using, attempting to use, or
threatening to use physical force against the petitioner. The order shall inform
the abusing party of that party's prohibited status. Except as provided in
paragraph (i), the court shall order the abusing party to transfer any firearms
that the person possesses, within three business days, to a federally licensed
firearms dealer, a law enforcement agency, or a third party who may lawfully
receive them. The transfer may be permanent or temporary. A temporary
firearm transfer only entitles the receiving party to possess the firearm. A
temporary transfer does not transfer ownership or title. An abusing party may

443
not transfer firearms to a third party who resides with the abusing party. If an
abusing party makes a temporary transfer, a federally licensed firearms dealer
or law enforcement agency may charge the abusing party a reasonable fee to
store the person's firearms and may establish policies for disposal of
abandoned firearms, provided such policies require that the person be notified
via certified mail prior to disposal of abandoned firearms. For temporary
firearms transfers under this paragraph, a law enforcement agency, federally
licensed firearms dealer, or third party shall exercise due care to preserve the
quality and function of the transferred firearms and shall return the transferred
firearms to the person upon request after the expiration of the prohibiting time
period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The return of temporarily transferred
firearms to an abusing party shall comply with state and federal law. If an
abusing party permanently transfers the abusing party's firearms to a law
enforcement agency, the agency is not required to compensate the abusing
party and may charge the abusing party a reasonable processing fee. A law
enforcement agency is not required to accept an abusing party's firearm under
this paragraph.
(h) An abusing party who is ordered to transfer firearms under paragraph
(g) must file proof of transfer as provided for in this paragraph. If the transfer
is made to a third party, the third party must sign an affidavit under oath before
a notary public either acknowledging that the abusing party permanently
transferred the abusing party's firearms to the third party or agreeing to
temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the
serial number, make, and model of all firearms transferred by the abusing
party to the third party. The third party shall acknowledge in the affidavit that
the third party may be held criminally and civilly responsible under section
624.7144 if the abusing party gains access to a transferred firearm while the
firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing
party. The proof of transfer must specify whether the firearms were
permanently or temporarily transferred and include the name of the abusing
party, date of transfer, and the serial number, make, and model of all
transferred firearms. The abusing party shall provide the court with a signed
and notarized affidavit or proof of transfer as described in this section within
two business days of the firearms transfer. The court shall seal affidavits and
proofs of transfer filed pursuant to this paragraph.
(i) When a court issues an order containing a firearms restriction provided
for in paragraph (g), the court shall determine by a preponderance of evidence
if an abusing party poses an imminent risk of causing another person
substantial bodily harm. Upon a finding of imminent risk, the court shall order
that the local law enforcement agency take immediate possession of all
firearms in the abusing party's possession. The local law enforcement agency
shall exercise due care to preserve the quality and function of the abusing
party's firearms and shall return the firearms to the person upon request after
the expiration of the prohibiting time period, provided the person is not
otherwise prohibited from possessing firearms under state or federal law. The
local law enforcement agency shall, upon written notice from the abusing

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party, transfer the firearms to a federally licensed firearms dealer or a third

party who may lawfully receive them. Before a local law enforcement agency
transfers a firearm under this paragraph, the agency shall require the third
party or federally licensed firearms dealer receiving the firearm to submit an
affidavit or proof of transfer that complies with the requirements for affidavits
or proofs of transfer established in paragraph (h). The agency shall file all
affidavits or proofs of transfer received with the court within two business days
of the transfer. The court shall seal all affidavits or proofs of transfer filed
pursuant to this paragraph. A federally licensed firearms dealer or third party
who accepts a firearm transfer pursuant to this paragraph shall comply with
paragraphs (g) and (h) as if accepting transfer from the abusing party. If the
law enforcement agency does not receive written notice from the abusing party
within three business days, the agency may charge a reasonable fee to store
the abusing party's firearms. A law enforcement agency may establish policies
for disposal of abandoned firearms, provided such policies require that the
abusing party be notified via certified mail prior to disposal of abandoned
firearms.
Subd. 6a. Subsequent orders and extensions. (a) Upon application,
notice to all parties, and hearing, the court may extend the relief granted in an
existing order for protection or, if a petitioner's order for protection is no longer
in effect when an application for subsequent relief is made, grant a new order.
If the petitioner seeks only the relief under subdivision 7, paragraph (a), a
hearing is not required unless the court declines to order the requested relief
or the respondent requests a hearing. If a hearing is required, subdivisions 5
and 7 apply to service of the application, notice to the parties, and time for the
hearing.
(b) The court may extend the terms of an existing order or, if an order is
no longer in effect, grant a new order upon a showing that:
(1) the respondent has violated a prior or existing order for protection;
(2) the petitioner is reasonably in fear of physical harm from the
respondent;
(3) the respondent has engaged in acts of stalking within the meaning of
section 609.749, subdivision 2; or
(4) the respondent is incarcerated and about to be released, or has
recently been released from incarceration.
A petitioner does not need to show that physical harm is imminent to
obtain an extension or a subsequent order under this subdivision.
(c) Relief granted by the order for protection may be for a period of up to
50 years, if the court finds:
(1) the respondent has violated a prior or existing order for protection on
two or more occasions; or
(2) the petitioner has had two or more orders for protection in effect
against the same respondent.
An order issued under this paragraph may restrain the abusing party from
committing acts of domestic abuse; or prohibit the abusing party from having
any contact with the petitioner, whether in person, by telephone, mail or
electronic mail or messaging, through electronic devices, through a third party,
or by any other means.
Subd. 7. Ex parte order. (a) Where an application under this section
alleges an immediate and present danger of domestic abuse, the court may

445
grant an ex parte order for protection and granting relief as the court deems
proper, including an order:
(1) restraining the abusing party from committing acts of domestic abuse;
(2) excluding any party from the dwelling they share or from the residence
of the other, including a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order, except by
further order of the court;
(3) excluding the abusing party from the place of employment of the
petitioner or otherwise limiting access to the petitioner by the abusing party at
the petitioner's place of employment;
(4) order the abusing party to have no contact with the petitioner whether
in person, by telephone, mail, e-mail, through electronic devices, or through a
third party;
(5) continuing all currently available insurance coverage without change
in coverage or beneficiary designation;
(6) directing the care, possession, or control of a pet or companion animal
owned, possessed, or kept by a party or a child of a party; and
(7) directing the respondent to refrain from physically abusing or injuring
any pet or companion animal, without legal justification, known to be owned,
possessed, kept, or held by either party or a minor child residing in the
residence or household of either party as an indirect means of intentionally
threatening the safety of such person.
(b) A finding by the court that there is a basis for issuing an ex parte order
for protection constitutes a finding that sufficient reasons exist not to require
notice under applicable court rules governing applications for ex parte relief.
(c) Subject to paragraph (d), an ex parte order for protection shall be
effective for a fixed period set by the court, as provided in subdivision 6,
paragraph (b), or until modified or vacated by the court pursuant to a hearing.
When signed by a referee, the ex parte order becomes effective upon the
referee’s signature. Upon request, a hearing, as provided by this section, shall
be set. Except as provided in paragraph (d), the respondent shall be
personally served forthwith a copy of the ex parte order along with a copy of
the petition and, if requested by the petitioner, notice of the date set for the
hearing. If the petitioner does not request a hearing, an order served on a
respondent under this subdivision must include a notice advising the
respondent of the right to request a hearing, must be accompanied by a form
that can be used by the respondent to request a hearing and must include a
conspicuous notice that a hearing will not be held unless requested by the
respondent within five days of service of the order.
(d) Service of the ex parte order may be made by published notice, as
provided under subdivision 5, provided that the petitioner files the affidavit
required under that subdivision. If personal service is not made or the affidavit
is not filed within 14 days of issuance of the ex parte order, the order expires.
If the petitioner does not request a hearing, the petition mailed to the
respondent's residence, if known, must be accompanied by the form for
requesting a hearing and notice described in paragraph (c). Unless personal
service is completed, if service by published notice is not completed within 28
days of issuance of the ex parte order, the order expires.

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(e) If the petitioner seeks relief under subdivision 6 other than the relief
described in paragraph (a), the petitioner must request a hearing to obtain the
additional relief.
(f) Nothing in this subdivision affects the right of a party to seek
modification of an order under subdivision 11.
Subd. 8. Service; alternate service; publication; notice. (a) The
petition and any order issued under this section other than orders for dismissal
shall be served on the respondent personally. Orders for dismissal may be
served personally or by certified mail. In lieu of personal service of an order
for protection, a law enforcement officer may serve a person with a short form
notification as provided in subdivision 8a.
(b) When service is made out of this state and in the United States, it may
be proved by the affidavit of the person making the service. When service is
made outside the United States, it may be proved by the affidavit of the person
making the service, taken before and certified by any United States minister,
charge d'affaires, commissioner, consul, or commercial agent, or other
consular or diplomatic officer of the United States appointed to reside in the
other country, including all deputies or other representatives of the officer
authorized to perform their duties; or before an office authorized to administer
an oath with the certificate of an officer of a court of record of the country in
which the affidavit is taken as to the identity and authority of the officer taking
the affidavit.
(c) If personal service cannot be made, the court may order service of the
petition and any order issued under this section by alternate means, or by
publication, which publication must be made as in other actions. The
application for alternate service must include the last known location of the
respondent; the petitioner's most recent contacts with the respondent; the last
known location of the respondent's employment; the names and locations of
the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's
whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has
been unknown, the likelihood that the respondent's location will become
known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding
address requested, to any addresses where there is a reasonable possibility
that mail or information will be forwarded or communicated to the respondent.
The court may also order publication, within or without the state, but only
if it might reasonably succeed in notifying the respondent of the proceeding.
Service shall be deemed complete 14 days after mailing or 14 days after court-
ordered publication.
(d) A petition and any order issued under this section, including the short
form notification, must include a notice to the respondent that if an order for
protection is issued to protect the petitioner or a child of the parties, upon
request of the petitioner in any parenting time proceeding, the court shall
consider the order for protection in making a decision regarding parenting
time.
Subd. 8a. Short form notification. (a) In lieu of personal service of an
order for protection under subdivision 8, a law enforcement officer may serve
a person with a short form notification. The short form notification must include

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the following clauses: the respondent's name; the respondent's date of birth,
if known; the petitioner's name; the names of other protected parties; the date
and county in which the ex parte order for protection or order for protection
was filed; the court file number; the hearing date and time, if known; the
conditions that apply to the respondent, either in checklist form or handwritten;
and the name of the judge who signed the order.
The short form notification must be in bold print in the following form:
The order for protection is now enforceable. You must report to your
nearest sheriff office or county court to obtain a copy of the order for protection.
You are subject to arrest and may be charged with a misdemeanor, gross
misdemeanor, or felony if you violate any of the terms of the order for
protection or this short form notification.
(b) Upon verification of the identity of the respondent and the existence of
an unserved order for protection against the respondent, a law enforcement
officer may detain the respondent for a reasonable time necessary to complete
and serve the short form notification.
(c) When service is made by short form notification, it may be proved by
the affidavit of the law enforcement officer making the service.
(d) For service under this section only, service upon an individual may
occur at any time, including Sundays, and legal holidays.
(e) The superintendent of the Bureau of Criminal Apprehension shall
provide the short form to law enforcement agencies.
Subd. 9. Assistance of sheriff in service or execution. When an
order is issued under this section upon request of the petitioner, the court shall
order the sheriff or constable to accompany the petitioner and assist in placing
the petitioner in possession of the dwelling or residence, or otherwise assist in
execution or service of the order of protection. If the application for relief is
brought in a county in which the respondent is not present, the sheriff shall
forward the pleadings necessary for service upon the respondent to the sheriff
of the county in which the respondent is present. This transmittal must be
expedited to allow for timely service.
Subd. 9a. Service by others. Peace officers licensed by the state of
Minnesota and corrections officers, including, but not limited to, probation
officers, court services officers, parole officers, and employees of jails or
correctional facilities, may serve an order for protection.
Subd. 10. Right to apply for relief. (a) A person's right to apply for
relief shall not be affected by the person's leaving the residence or household
to avoid abuse.
(b) The court shall not require security or bond of any party unless it
deems necessary in exceptional cases.
Subd. 11. Modifying or vacating order. (a) Upon application, notice
to all parties, and hearing, the court may modify the terms of an existing order
for protection.
(b) If the court orders relief under subdivision 6a, paragraph (c), the
respondent named in the order for protection may request to have the order
vacated or modified if the order has been in effect for at least five years and
the respondent has not violated the order during that time. Application for
relief under this subdivision must be made in the county in which the order for
protection was issued. Upon receipt of the request, the court shall set a
hearing date. Personal service must be made upon the petitioner named in

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the order for protection not less than 30 days before the date of the hearing.
At the hearing, the respondent named in the order for protection has the
burden of proving by a preponderance of the evidence that there has been a
material change in circumstances and that the reasons upon which the court
relied in granting or extending the order for protection no longer apply and are
unlikely to occur. If the court finds that the respondent named in the order for
protection has met the burden of proof, the court may vacate or modify the
order. If the court finds that the respondent named in the order for protection
has not met the burden of proof, the court shall deny the request and no
request may be made to vacate or modify the order for protection until five
years have elapsed from the date of denial. An order vacated or modified
under this paragraph must be personally served on the petitioner named in the
order for protection.
Subd. 12. Real estate. Nothing in this section shall affect the title to
real estate.
Subd. 13. Copy to law enforcement agency. (a) An order for
protection and any continuance of an order for protection granted pursuant to
this section shall be forwarded by the court administrator within 24 hours to
the local law enforcement agency with jurisdiction over the residence of the
applicant.
Each appropriate law enforcement agency shall make available to other
law enforcement officers through a system for verification, information as to
the existence and status of any order for protection issued pursuant to this
section.
(b) If the applicant notifies the court administrator of a change in the
applicant's residence so that a different local law enforcement agency has
jurisdiction over the residence, the order for protection and any continuance
of an order for protection must be forwarded by the court administrator to the
new law enforcement agency within 24 hours of the notice. If the applicant
notifies the new law enforcement agency that an order for protection has been
issued under this section and the applicant has established a new residence
within that agency's jurisdiction, within 24 hours the local law enforcement
agency shall request a copy of the order for protection from the court
administrator in the county that issued the order.
(c) When an order for protection is granted, the applicant for an order for
protection must be told by the court that:
(1) notification of a change in residence should be given immediately to
the court administrator and to the local law enforcement agency having
jurisdiction over the new residence of the applicant;
(2) the reason for notification of a change in residence is to forward an
order for protection to the proper law enforcement agency; and
(3) the order for protection must be forwarded to the law enforcement
agency having jurisdiction over the new residence within 24 hours of
notification of a change in residence, whether notification is given to the court
administrator or to the local law enforcement agency having jurisdiction over
the applicant's new residence.
An order for protection is enforceable even if the applicant does not notify
the court administrator or the appropriate law enforcement agency of a change
in residence.

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 Subd. 14. Violation of an order for protection. (a) A person who
violates an order for protection issued by a judge or referee is subject to the
penalties provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d), whenever an
order for protection is granted by a judge or referee or pursuant to a similar
law of another state, the United States, the District of Columbia, tribal lands,
United States territories, Canada, or a Canadian province, and the respondent
or person to be restrained knows of the existence of the order, violation of the
order for protection is a misdemeanor. Upon a misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of three days
imprisonment and must be ordered to participate in counseling or other
appropriate programs selected by the court. If the court stays imposition or
execution of the jail sentence and the defendant refuses or fails to comply with
the court's treatment order, the court must impose and execute the stayed jail
sentence. A violation of an order for protection shall also constitute contempt
of court and be subject to the penalties provided in chapter 588.
(c) A person is guilty of a gross misdemeanor who violates this subdivision
within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. Upon a gross misdemeanor
conviction under this paragraph, the defendant must be sentenced to a
minimum of ten days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court.
Notwithstanding section 609.135, the court must impose and execute the
minimum sentence provided in this paragraph for gross misdemeanor
convictions.
(d) A person 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, if the person violates this subdivision:
(1) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency; or
(2) while possessing a dangerous weapon, as defined in section 609.02,
subdivision 6.
Upon a felony conviction under this paragraph in which the court stays
imposition or execution of sentence, the court shall impose at least a 30-day
period of incarceration as a condition of probation. The court also shall order
that the defendant participate in counseling or other appropriate programs
selected by the court. Notwithstanding section 609.135, the court must
impose and execute the minimum sentence provided in this paragraph for
felony convictions.
(e) A peace officer shall arrest without a warrant and take into custody a
person whom the peace officer has probable cause to believe has violated an
order granted pursuant to this section or a similar law of another state, the
United States, the District of Columbia, tribal lands, United States territories,
Canada, or a Canadian province restraining the person or excluding the
person from the residence or the petitioner's place of employment, even if the
violation of the order did not take place in the presence of the peace officer, if
the existence of the order can be verified by the officer. The probable cause
required under this paragraph includes probable cause that the person knows
of the existence of the order. If the order has not been served, the officer shall
immediately serve the order whenever reasonably safe and possible to do so.

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An order for purposes of this subdivision, includes the short form order
described in subdivision 8a. When the order is first served upon the person
at a location at which, under the terms of the order, the person's presence
constitutes a violation, the person shall not be arrested for violation of the order
without first being given a reasonable opportunity to leave the location in the
presence of the peace officer. A person arrested under this paragraph shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays,
and holidays, unless the person is released earlier by a judge or judicial officer.
A peace officer acting in good faith and exercising due care in making an arrest
pursuant to this paragraph is immune from civil liability that might result from
the officer's actions.
(f) If the court finds that the respondent has violated an order for protection
and that there is reason to believe that the respondent will commit a further
violation of the provisions of the order restraining the respondent from
committing acts of domestic abuse or excluding the respondent from the
petitioner's residence, the court may require the respondent to acknowledge
an obligation to comply with the order on the record. The court may require a
bond sufficient to deter the respondent from committing further violations of
the order for protection, considering the financial resources of the respondent,
and not to exceed $10,000. If the respondent refuses to comply with an order
to acknowledge the obligation or post a bond under this paragraph, the court
shall commit the respondent to the county jail during the term of the order for
protection or until the respondent complies with the order under this
paragraph. The warrant must state the cause of commitment, with the sum
and time for which any bond is required. If an order is issued under this
paragraph, the court may order the costs of the contempt action, or any part
of them, to be paid by the respondent. An order under this paragraph is
appealable.
(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an
interested party designated by the court, alleging that the respondent has
violated any order for protection granted pursuant to this section or a similar
law of another state, the United States, the District of Columbia, tribal lands,
United States territories, Canada, or a Canadian province the court may issue
an order to the respondent, requiring the respondent to appear and show
cause within 14 days why the respondent should not be found in contempt of
court and punished therefor. The hearing may be held by the court in any
county in which the petitioner or respondent temporarily or permanently
resides at the time of the alleged violation, or in the county in which the alleged
violation occurred, if the petitioner and respondent do not reside in this state.
The court also shall refer the violation of the order for protection to the
appropriate prosecuting authority for possible prosecution under paragraph
(b), (c), or (d).
(h) If it is alleged that the respondent has violated an order for protection
issued under subdivision 6 or a similar law of another state, the United States,
the District of Columbia, tribal lands, United States territories, Canada, or a
Canadian province and the court finds that the order has expired between the
time of the alleged violation and the court's hearing on the violation, the court
may grant a new order for protection under subdivision 6 based solely on the
respondent's alleged violation of the prior order, to be effective until the
hearing on the alleged violation of the prior order. If the court finds that the

451
respondent has violated the prior order, the relief granted in the new order for
protection shall be extended for a fixed period, not to exceed one year, except
when the court determines a longer fixed period is appropriate.
(i) The admittance into petitioner's dwelling of an abusing party excluded
from the dwelling under an order for protection is not a violation by the
petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause (1), for a failure
to perform a duty required by paragraph (e).
(j) When a person is convicted under paragraph (b) or (c) of violating an
order for protection and the court determines that the person used a firearm in
any way during commission of the violation, the court may order that the
person is prohibited from possessing any type of firearm for any period longer
than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the
conviction, the court shall inform the defendant whether and for how long the
defendant is prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this paragraph. The failure of the court to provide this
information to a defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that defendant.
(k) Except as otherwise provided in paragraph (j), when a person is
convicted under paragraph (b) or (c) of violating an order for protection, the
court shall inform the defendant that the defendant is prohibited from
possessing a pistol for three years from the date of conviction and that it is a
gross misdemeanor offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the applicability of
the pistol possession prohibition or the gross misdemeanor penalty to that
defendant.
(l) Except as otherwise provided in paragraph (j), a person is not entitled
to possess a pistol if the person has been convicted under paragraph (b) or
(c) after August 1, 1996, of violating an order for protection, unless three years
have elapsed from the date of conviction and, during that time, the person has
not been convicted of any other violation of this section. Property rights may
not be abated but access may be restricted by the courts. A person who
possesses a pistol in violation of this paragraph is guilty of a gross
misdemeanor.
(m) If the court determines that a person convicted under paragraph (b)
or (c) of violating an order for protection owns or possesses a firearm and used
it in any way during the commission of the violation, it shall order that the
firearm be summarily forfeited under section 609.5316, subdivision 3.
Subd. 14a. Venue. A person may be prosecuted under subdivision 14 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 under chapter 5B.
Subd. 15. Admissibility of testimony in criminal proceeding. Any
testimony offered by a respondent in a hearing pursuant to this section is
inadmissible in a criminal proceeding.
Subd. 16. Other remedies available. Any proceeding under this
section shall be in addition to other civil or criminal remedies.

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Subd. 17. Effect on custody proceedings. In a subsequent custody

proceeding the court must consider a finding in a proceeding under this
chapter or under a similar law of another state that domestic abuse has
occurred between the parties.
Subd. 18. Notices. (a) Each order for protection granted under this
chapter must contain a conspicuous notice to the respondent or person to be
restrained that:
(1) violation of an order for protection is either (i) a misdemeanor
punishable by imprisonment for up to 90 days or a fine of up to $700, or both,
(ii) a gross misdemeanor punishable by imprisonment of up to one year or a
fine of up to $3,000, or both, or (iii) a felony punishable by imprisonment of up
to five years or a fine of up to $10,000, or both;
(2) the respondent is forbidden to enter or stay at the petitioner's
residence, even if invited to do so by the petitioner or any other person; in no
event is the order for protection voided;
(3) a peace officer must arrest without warrant and take into custody a
person whom the peace officer has probable cause to believe has violated an
order for protection restraining the person or excluding the person from a
residence; and
(4) pursuant to the Violence Against Women Act of 1994, United States
Code, title 18, section 2265, the order is enforceable in all 50 states, the
District of Columbia, tribal lands, and United States territories, that violation of
the order may also subject the respondent to federal charges and punishment
under United States Code, title 18, sections 2261 and 2262, and that if a final
order is entered against the respondent after the hearing, the respondent may
be prohibited from possessing, transporting, or accepting a firearm under the
1994 amendment to the Gun Control Act, United States Code, title 18, section
922(g)(8).
(b) If the court grants relief under subdivision 6a, paragraph (c), the order
for protection must also contain a conspicuous notice to the respondent or
person to be restrained that the respondent must wait five years to seek a
modification of the order.
Subd. 19. Recording required. Proceedings under this section must
be recorded.
Subd. 19a.Entry and enforcement of foreign protective orders.
(a) As used in this subdivision, "foreign protective order" means an order
for protection entered by a court of another state; an order by an Indian tribe
or United States territory that would be a protective order entered under this
chapter; a Canadian order for protection as defined in section 518F.02; a
temporary or permanent order or protective order to exclude a respondent
from a dwelling; or an order that establishes conditions of release or is a
protective order or sentencing order in a criminal prosecution arising from a
domestic abuse assault if it had been entered in Minnesota.
(b) A person for whom a foreign protection order has been issued or the
issuing court or tribunal may provide a certified or authenticated copy of a
foreign protective order to the court administrator in any county that would
have venue if the original action was being commenced in this state or in which
the person in whose favor the order was entered may be present, for filing and
entering of the same into the state order for protection database.
(c) The court administrator shall file and enter foreign protective orders

453
that are not certified or authenticated, if supported by an affidavit of a person
with personal knowledge, subject to the penalties for perjury. The person
protected by the order may provide this affidavit.
(d) The court administrator shall provide copies of the order as required
by this section.
(e) A valid foreign protective order has the same effect and shall be
enforced in the same manner as an order for protection issued in this state
whether or not filed with a court administrator or otherwise entered in the state
order for protection database.
(f) A foreign protective order is presumed valid if it meets all of the
following:
(1) the order states the name of the protected individual and the individual
against whom enforcement is sought;
(2) the order has not expired;
(3) the order was issued by a court or tribunal that had jurisdiction over
the parties and subject matter under the law of the foreign jurisdiction; and
(4) the order was issued in accordance with the respondent's due process
rights, either after the respondent was provided with reasonable notice and an
opportunity to be heard before the court or tribunal that issued the order, or in
the case of an ex parte order, the respondent was granted notice and an
opportunity to be heard within a reasonable time after the order was issued.
(g) Proof that a foreign protective order failed to meet all of the factors
listed in paragraph (f) is an affirmative defense in any action seeking
enforcement of the order.
(h) A peace officer shall treat a foreign protective order as a valid legal
document and shall make an arrest for a violation of the foreign protective
order in the same manner that a peace officer would make an arrest for a
violation of a protective order issued within this state.
(i) The fact that a foreign protective order has not been filed with the court
administrator or otherwise entered into the state order for protection database
shall not be grounds to refuse to enforce the terms of the order unless it is
apparent to the officer that the order is invalid on its face.
(j) A peace officer acting reasonably and in good faith in connection with
the enforcement of a foreign protective order is immune from civil and criminal
liability in any action arising in connection with the enforcement.
(k) Filing and service costs in connection with foreign protective orders
are waived.
Subd. 20. Statewide application. An order for protection granted under
this section applies throughout this state.
Subd. 21. Order for protection forms. The state court administrator,
in consultation with city and county attorneys, and legal advocates who work
with victims, shall update the uniform order for protection form that facilitates
the consistent enforcement of orders for protection throughout the state.
Subd. 22. Repealed, 2010 c 299 s15
Subd. 23. Prohibition against employer retaliation. (a) An employer
shall not discharge, discipline, threaten, otherwise discriminate against, or
penalize an employee regarding the employee’s compensation, terms,
conditions, location, or privileges of employment, because the employee took
reasonable time off from work to obtain or attempt to obtain relief under this
chapter. Except in cases of imminent danger to the health or safety of the

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employee or the employee’s child, or unless impracticable, an employee who

is absent from the workplace shall give 48 hours’ advance notice to the
employer. Upon request of the employer, the employee shall provide
verification that supports the employee’s reason for being absent from the
workplace. All information related to the employee’s leave pursuant to this
section shall be kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a misdemeanor
and may be punished for contempt of court. In addition, the court shall order
the employer to pay back wages and offer job reinstatement to any employee
discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law, an employee
injured by a violation of paragraph (a) may bring a civil action for recovery of
damages, together with costs and disbursements, including reasonable
attorney’s fees, and may receive such injunctive and other equitable relief,
including reinstatement, as determined by the court.

518B.02 DOMESTIC ABUSE COUNSELING PROGRAM OR

EDUCATIONAL PROGRAM REQUIRED.
Subdivision 1. Court-ordered domestic abuse counseling program
or educational program. If the court stays imposition or execution of a
sentence for a domestic abuse offense and places the offender on probation,
the court shall order that, as a condition of the stayed sentence, the offender
participate in and successfully complete a domestic abuse counseling
program or educational program.
Subd. 2. Standards for domestic abuse counseling programs and
domestic abuse educational programs. (a) Domestic abuse counseling or
educational programs that provide group or class sessions for court-ordered
domestic abuse offenders must provide documentation to the probation
department or the court on program policies and how the program meets the
criteria contained in paragraphs (b) to (l).
(b) Programs shall require offenders and abusing parties to attend a
minimum of 24 sessions or 36 hours of programming, unless a probation agent
has recommended fewer sessions. The documentation provided to the
probation department or the court must specify the length of the program that
offenders are required to complete.
(c) Programs must have a written policy requiring that counselors and
facilitators report to the court and to the offender's probation or corrections
officer any threats of violence made by the offender or abusing party, acts of
violence by the offender or abusing party, violation of court orders by the
offender or abusing party, and violation of program rules that resulted in the
offender's or abusing party's termination from the program. Programs shall
have written policies requiring that counselors and facilitators hold offenders
and abusing parties solely responsible for their behavior.
Programs shall have written policies requiring that counselors and
facilitators be violence free in their own lives.
(d) Each program shall conduct an intake process with each offender or
abusing party. This intake process shall look for chemical dependency
problems and possible risks the offender or abusing party might pose to self
or others. The program must have policies regarding referral of a chemically

455
dependent offender or abusing party to a chemical dependency treatment
center. If the offender or abusing party poses a risk to self or others, the
program shall report this information to the court, the probation or corrections
officer, and the victim.
(e) If the offender or abusing party is reported back to the court or is
terminated from the program, the program shall notify the victim of the
circumstances unless the victim requests otherwise.
(f) Programs shall require court-ordered offenders and abusing parties to
sign a release of information authorizing communication regarding the
offender's or abusing party's progress in the program to the court, the
offender's probation or corrections officer, other providers, and the victim. The
offender or abusing party may not enter the program if the offender does not
sign a release.
(g) If a counselor or facilitator contacts the victim, the counselor or
facilitator must not elicit any information that the victim does not want to
provide. A counselor or facilitator who contacts a victim shall (1) notify the
victim of the right not to provide any information, (2) notify the victim of how
any information provided will be used and with whom it will be shared, and (3)
obtain the victim's permission before eliciting information from the victim or
sharing information with anyone other than staff of the counseling program.
Programs shall have written policies requiring that counselors and
facilitators inform victims of the confidentiality of information as provided by
this subdivision.
Programs must maintain separate files for information pertaining to the
offender or abusing party and to the victim.
If a counselor or facilitator contacts a victim, the counselor or facilitator
shall provide the victim with referral information for support services.
(h) Programs shall have written policies forbidding program staff from
disclosing any confidential communication made by the offender or abusing
party without the consent of the offender or abusing party, except that
programs must warn a potential victim of imminent danger based upon
information provided by an offender or abusing party.
(i) The counseling program or educational program must provide services
in a group setting, unless the offender or abusing party would be inappropriate
in a group setting.
Programs must provide separate sessions for male and female offenders
and abusing parties.
(j) Programs shall have written policies forbidding program staff from
offering or referring marriage or couples counseling until the offender or
abusing party has completed a domestic abuse counseling program or
educational program for the minimum number of court-ordered sessions and
the counselor or facilitator reasonably believes that the violence, intimidation,
and coercion has ceased and the victim feels safe to participate.
(k) Programs must have written policies requiring that the counselor or
facilitator report when the court-ordered offender or abusing party has
completed the program to the court and the offender's probation or corrections
officer.
(l) Programs must have written policies to coordinate with the court,
probation and corrections officers, battered women's and domestic abuse

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programs, child protection services, and other providers on promotion of victim

safety and offender accountability.
Subd. 3. Program accountability. The Office of Justice Programs in
the Department of Public Safety will consult with domestic abuse counseling
and educational programs, the court, probation departments, and the
interagency task force on the prevention of domestic and sexual abuse on
acceptable measures to ensure program accountability. By December 30,
2001, the center shall make recommendations to the house of representatives
and senate committees and divisions with jurisdiction over criminal justice
policy and funding on agreed upon accountability measures including outcome
studies.

Chapter 617 ABORTION; OBSCENITY; NUISANCE

617.23 INDECENT EXPOSURE; PENALTIES.

Subdivision 1. Misdemeanor. A person who commits any of the
following acts in any public place, or in any place where others are present, is
guilty of a misdemeanor:
(1) willfully and lewdly exposes the person's body, or the private parts
thereof;
(2) procures another to expose private parts; or
(3) engages in any open or gross lewdness or lascivious behavior, or any
public indecency other than behavior specified in this subdivision.
Subd. 2. Gross misdemeanor. A person who commits any of the
following acts is guilty of a gross misdemeanor:
(1) the person violates subdivision 1 in the presence of a minor under the
age of 16; or
(2) the person violates subdivision 1 after having been previously
convicted of violating subdivision 1, sections 609.342 to 609.3451, or a statute
from another state in conformity with any of those sections.
Subd. 3. Felony. A person 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, if:
(1) the person violates subdivision 2, clause (1), after having been
previously convicted of or adjudicated delinquent for violating subdivision 2,
clause (1); section 609.3451, subdivision 1, clause (2); or a statute from
another state in conformity with subdivision 2, clause (1), or section 609.3451,
subdivision 1, clause (2); or
(2) the person commits a violation of subdivision 1, clause (1), in the
presence of another person while intentionally confining that person or
otherwise intentionally restricting that person's freedom to move.
Subd. 4. Breastfeeding. It is not a violation of this section for a woman
to breast feed.

617.241 OBSCENE MATERIALS AND PERFORMANCES;

DISTRIBUTION AND EXHIBITION PROHIBITED; PENALTY.
Subdivision 1. Definitions. For purposes of this section, the following
terms have the meanings given them:

457
 (a) "Obscene" means that the work, taken as a whole, appeals to the
prurient interest in sex and depicts or describes in a patently offensive manner
sexual conduct and which, taken as a whole, does not have serious literary,
artistic, political, or scientific value. In order to determine that a work is
obscene, the trier of fact must find:
(1) that the average person, applying contemporary community standards
would find that the work, taken as a whole, appeals to the prurient interest in
sex;
(2) that the work depicts sexual conduct specifically defined by clause (b)
in a patently offensive manner; and
(3) that the work, taken as a whole, lacks serious literary, artistic, political,
or scientific value.
(b) "Sexual conduct" means any of the following:
(1) An act of sexual intercourse, normal or perverted, actual or simulated,
including genital-genital, anal-genital, or oral-genital intercourse, whether
between human beings or between a human being and an animal.
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a
person who is nude or clad in undergarments or in a sexually revealing
costume or the condition of being fettered, bound, or otherwise physically
restricted on the part of one so clothed or who is nude.
(3) Masturbation, excretory functions, or lewd exhibitions of the genitals
including any explicit, close-up representation of a human genital organ.
(4) Physical contact or simulated physical contact with the clothed or
unclothed pubic areas or buttocks of a human male or female, or the breasts
of the female, whether alone or between members of the same or opposite
sex or between humans and animals in an act of apparent sexual stimulation
or gratification.
(c) "Community" means the political subdivision from which persons
properly qualified to serve as jurors in a criminal proceeding are chosen.
(d) "Work" means "material" or "performance."
(e) "Material" means a book, magazine, pamphlet, paper, writing, card,
advertisement, circular, print, picture, photograph, motion picture film,
videotape, script, image, instrument, statue, drawing, or other article.
(f) "Performance" means a play, motion picture, dance, or other exhibition
performed before an audience.
Subd. 2. Crime. It is unlawful for a person, knowing or with reason to
know its content and character, to:
(a) exhibit, sell, print, offer to sell, give away, circulate, publish, distribute
or attempt to distribute any obscene material; or
(b) produce, present, participate in, or direct an obscene performance.
Subd. 3. Penalty. A person violating subdivision 2 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. 4. Second or subsequent violations. Whoever violates the
provisions of subdivision 2 within five years of a previous conviction under that
subdivision is guilty of a felony and may be sentenced to imprisonment for not
more than two years, or to payment of a fine of not more than $10,000, or both.

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617.242 ADULT ENTERTAINMENT ESTABLISHMENTS.

Subdivision 1. Definitions. For purposes of this section:
(1) “adult entertainment establishment” means a business that is open
only to adults and that presents live performances that are distinguished or
characterized by an emphasis on the depiction of sexual conduct or nudity;
(2) “sexual conduct” has the meaning given in section 617.241; and
(3) nudity has the meaning given in section 617.292, subdivision 3.
Subd. 2. Notice to local government unit. A person must not operate
an adult entertainment establishment in a location where this type of
establishment was not previously located unless, at least 60 days before
submitting a permit application for operation of the establishment or, if a permit
is not required, at least 60 days before beginning operation of the
establishment, the person gives written notice by certified mail to the chief
clerical officer of the statutory or home rule charter city in which it will be
located of the date on which the person intends to begin operation of the
establishment. If the adult entertainment establishment is proposed to be
located outside the boundaries of a statutory or home rule charter city the
notice must be given to the clerk of the town board and the county auditor of
the county in which the establishment is proposed to be located. Upon receipt
of the notice, the officer must acknowledge receipt of the notice by certified
mail, return receipt requested, addressed to the person, and notify the
governing body or town board of the receipt of the notice. The governing body
or town board may conduct hearings on the proposed operation of the adult
entertainment establishment and must give written notice by ordinary mail to
the operator of the establishment of any hearings.
Subd. 3. Zoning; adult entertainment establishments. If an adult
entertainment establishment is located within 50 miles of a statutory or home
rule charter city or town, the governing body of the city or the town board is
not required to provide by zoning or otherwise for a location within the city or
town limits in which an adult entertainment establishment may be located. If
an adult entertainment establishment is located within 50 miles of the
boundaries of a county, the county board is not required to provide by zoning
or otherwise for a location within the county limits in which an adult
entertainment establishment may be located.
Subd. 4. Proximity. An adult entertainment establishment may not
operate in the same building as, or within 1,500 feet from, another adult
entertainment establishment; within 500 feet of residential property,
regardless of how the property is zoned; or within 2,800 feet of a public or
private elementary or secondary school or a church, synagogue, mosque, or
other place of worship. Distances are measured between the closest property
lines.
Subd. 5. Hours and days of operation. An adult entertainment
establishment located in a statutory or home rule city, town, or county that
does not regulate hours of operation may not be open for business before
10:00 a.m. or after 10:00 p.m. on Monday through Saturday and may not be
open for business on a Sunday or legal holiday.
Subd. 6. Restrictions on ownership or management by persons
convicted of certain crimes. A person who has been convicted of one of the
following offenses may not operate or manage an adult business

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establishment for three years after discharge of the sentence for the offense,
or a similar offense in another state or jurisdiction:
(1) prostitution or sex trafficking under section 609.321; 609.322; 609.324;
or 609.3242;
(2) criminal sexual conduct under section 609.342 to 609.3451;
(3) solicitation of children under section 609.352;
(4) indecent exposure under section 617.23;
(5) distribution or exhibition of obscene materials and performances under
section 617.241;
(6) use of a minor in a sexual performance under section 617.246; or
(7) possession of pornographic work involving minors under section
617.247.
Subd. 7. Local regulation allowed. If a county, town, or statutory or
home rule charter city does not enact an ordinance or regulation governing
adult entertainment establishments, this section applies in the county, town,
or city. A county, town, or city may adopt an ordinance or regulation that is
consistent with this section, that supersedes or is in whole or in part more
restrictive than this section, or that provides that this section does not apply in
the county, town, or city, and the county, town, or city ordinance applies. If a
county, town, or city adopts an ordinance that only regulates a portion or facet
of the operation of an adult entertainment establishment, this section applies
to the remainder of the operation that is not regulated by the county, town, or
city ordinance, unless the ordinance provides otherwise.

617.243 INDECENT LITERATURE, DISTRIBUTION.

Subdivision 1. Prohibited activity. No person, copartnership or
corporation shall, as a condition to a sale or delivery for resale of any paper,
magazine, book, comic, periodical or publication, require that the purchaser or
consignee receive for resale any other article, book, comic or other publication
reasonably believed by the purchaser or consignee to be obscene as defined
in section 617.241.
Subd. 2. Penalty. A violation of subdivision 1 is a gross misdemeanor.

617.245 CIVIL ACTION; USE OF MINOR IN SEXUAL

PERFORMANCE.
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "Minor" means any person who, at the time of use in a sexual
performance, is under the age of 16.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or
advertise.
(d) "Sexual performance" means any play, dance, or other exhibition
presented before an audience or for purposes of visual or mechanical
reproduction which depicts sexual conduct as defined by paragraph (e).
(e) "Sexual conduct" means any of the following if the depiction involves
a minor:
(1) an act of sexual intercourse, actual or simulated, including genital-
genital, anal-genital, or oral-genital intercourse, whether between human
beings or between a human being and an animal;

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(2) sadomasochistic abuse, meaning flagellation, torture, or similar

demeaning acts inflicted by or upon a minor who is nude, or the condition of
being fettered, bound, or otherwise physically restrained on the part of one so
unclothed;
(3) masturbation or lewd exhibitions of the genitals; and
(4) physical contact or simulated physical contact with the unclothed pubic
areas or buttocks of a human male or female, or the breasts of the female,
whether alone or between members of the same or opposite sex or between
humans and animals in an act of apparent sexual stimulation or gratification.
Subd. 2. Cause of action. A cause of action exists for injury caused
by the use of a minor in a sexual performance. The cause of action exists
against a person who promotes, employs, uses, or permits a minor to engage
or assist others to engage in posing or modeling alone or with others in a
sexual performance, if the person knows or has reason to know that the
conduct intended is a sexual performance.
A person found liable for injuries under this section is liable to the minor
for damages.
Neither consent to sexual performance by the minor or by the minor's
parent, guardian, or custodian, or mistake as to the minor's age is a defense
to the action.
Subd. 3. Limitation period. An action for damages under this section
must be commenced within six years of the time the plaintiff knew or had
reason to know injury was caused by plaintiff's use as a minor in a sexual
performance. The knowledge of a parent, guardian, or custodian may not be
imputed to the minor. This section does not affect the suspension of the
statute of limitations during a period of disability under section 541.15.

617.246 USE OF MINORS IN SEXUAL PERFORMANCE

PROHIBITED.
Subdivision 1. Definitions. (a) For the purpose of this section, the
terms defined in this subdivision have the meanings given them.
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or
advertise.
(d) "Sexual performance" means any play, dance or other exhibition
presented before an audience or for purposes of visual or mechanical
reproduction that uses a minor to depict actual or simulated sexual conduct as
defined by clause (e).
(e) "Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-
genital, anal-genital, or oral-genital intercourse, whether between human
beings or between a human being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar
demeaning acts inflicted by or upon a person who is nude or clad in
undergarments or in a revealing costume, or the condition of being fettered,
bound or otherwise physically restrained on the part of one so clothed;
(3) masturbation;
(4) lewd exhibitions of the genitals; or
(5) physical contact with the clothed or unclothed pubic areas or buttocks
of a human male or female, or the breasts of the female, whether alone or

461
between members of the same or opposite sex or between humans and
animals in an act of apparent sexual stimulation or gratification.
(f) "Pornographic work" means:
(1) an original or reproduction of a picture, film, photograph, negative,
slide, videotape, videodisc, or drawing of a sexual performance involving a
minor; or
(2) any visual depiction, including any photograph, film, video, picture,
drawing, negative, slide, or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable
minor is engaging in sexual conduct; or
(iii) is advertised, promoted, presented, described, or distributed in such
a manner that conveys the impression that the material is or contains a visual
depiction of a minor engaging in sexual conduct.
For the purposes of this paragraph, an identifiable minor is a person who
was a minor at the time the depiction was created or altered, whose image is
used to create the visual depiction.
Subd. 2. Use of minor. (a) It is unlawful for a person to promote,
employ, use or permit a minor to engage in or assist others to engage minors
in posing or modeling alone or with others in any sexual performance or
pornographic work if the person knows or has reason to know that the conduct
intended is a sexual performance or a pornographic work.
Any person who violates this paragraph 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) A person who violates paragraph (a) is guilty of a felony and may be
sentenced to imprisonment for not more than 15 years or to payment of a fine
of not more than $40,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for
violating this section or section 617.247;
(2) the violation occurs when the person is a registered predatory offender
under section 243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 3. Operation or ownership of business. (a) A person who
owns or operates a business in which a pornographic work, as defined in this
section, is disseminated to an adult or a minor or is reproduced, and who
knows the content and character of the pornographic work disseminated or
reproduced, 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) A person who violates paragraph (a) is guilty of a felony and may be
sentenced to imprisonment for not more than 15 years or to payment of a fine
of not more than $40,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for
violating this section or section 617.247;
(2) the violation occurs when the person is a registered predatory offender
under section 243.166; or
(3) the violation involved a minor under the age of 14 years.

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Subd. 4. Dissemination. (a) A person who, knowing or with reason to

know its content and character, disseminates for profit to an adult or a minor
a pornographic work, as defined in this section, 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) A person who violates paragraph (a) is guilty of a felony and may be
sentenced to imprisonment for not more than 15 years or to payment of a fine
of not more than $40,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for
violating this section or section 617.247;
(2) the violation occurs when the person is a registered predatory offender
under section 243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 5. Consent; mistake. Neither consent to sexual performance by
a minor or the minor's parent, guardian, or custodian nor mistake as to the
minor's age is a defense to a charge of violation of this section.
Subd. 6. Affirmative defense. It shall be an affirmative defense to a
charge of violating this section that the sexual performance or pornographic
work was produced using only persons who were 18 years or older.
Subd. 7. Conditional release term. Notwithstanding the statutory
maximum sentence otherwise applicable to the offense or any provision of the
sentencing guidelines, when a court commits a person to the custody of the
commissioner of corrections for violating this section, the court shall provide
that after the person has been released from prison, the commissioner shall
place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342,
609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar
statute of the United States, this state, or any state, the commissioner shall
place the person on conditional release for 15 years. The terms of conditional
release are governed by section 609.3455, subdivision 8.

617.247 POSSESSION OF PORNOGRAPHIC WORK

INVOLVING MINORS.
Subdivision 1. Policy; purpose. It is the policy of the legislature in
enacting this section to protect minors from the physical and psychological
damage caused by their being used in pornographic work depicting sexual
conduct which involves minors. It is therefore the intent of the legislature to
penalize possession of pornographic work depicting sexual conduct which
involve minors or appears to involve minors in order to protect the identity of
minors who are victimized by involvement in the pornographic work, and to
protect minors from future involvement in pornographic work depicting sexual
conduct.
Subd. 2. Definitions. For purposes of this section, the following terms
have the meanings given them:
(a) "Pornographic work" has the meaning given to it in section 617.246.
(b) "Sexual conduct" has the meaning given to it in section 617.246.
Subd. 3. Dissemination prohibited. (a) A person who disseminates
pornographic work to an adult or a minor, knowing or with reason to know its
content and character, is guilty of a felony and may be sentenced to

463
imprisonment for not more than seven years or to payment of a fine of not
more than $10,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be
sentenced to imprisonment for not more than 15 years or to payment of a fine
of not more than $20,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for
violating this section or section 617.246;
(2) the violation occurs when the person is a registered predatory offender
under section 243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 4. Possession prohibited. (a) A person who possesses a
pornographic work or a computer disk or computer or other electronic,
magnetic, or optical storage system or a storage system of any other type,
containing a pornographic work, knowing or with reason to know its content
and character, 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 $5,000, or
both.
(b) A person who violates paragraph (a) 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 $10,000, or both, if:
(1) the person has a prior conviction or delinquency adjudication for
violating this section or section 617.246;
(2) the violation occurs when the person is a registered predatory offender
under section 243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 5. Exception. This section does not apply to the performance of
official duties by peace officers, court personnel, or attorneys, nor to licensed
physicians, psychologists, or social workers or persons acting at the direction
of a licensed physician, psychologist, or social worker in the course of a bona
fide treatment or professional education program.
Subd. 6. Consent. Consent to sexual performance by a minor or the
minor's parent, guardian, or custodian is not a defense to a charge of violation
of this section.
Subd. 7. Second offense. If a person is convicted of a second or
subsequent violation of this section within 15 years of the prior conviction, the
court shall order a mental examination of the person. The examiner shall
report to the court whether treatment of the person is necessary.
Subd. 8. Affirmative defense. It shall be an affirmative defense to a
charge of violating this section that the pornographic work was produced using
only persons who were 18 years or older.
Subdivision 8 was found unconstitutional in State v. Cannady, 727 N.W.2d
403 (Minn. 2007).
Subd. 9. Conditional release term. Notwithstanding the statutory
maximum sentence otherwise applicable to the offense or any provision of the
Sentencing Guidelines, when a court commits a person to the custody of the
commissioner of corrections for violating this section, the court shall provide
that after the person has been released from prison, the commissioner shall
place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342,
609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar

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statute of the United States, this state, or any state, the commissioner shall
place the person on conditional release for 15 years. The terms of conditional
release are governed by section 609.3455, subdivision 8.

617.261 NONCONSENSUAL DISSEMINATION OF PRIVATE

SEXUAL IMAGES
Subdivision 1 Crime. It is a crime to intentionally disseminate an image
of another person who is depicted in a sexual act or whose intimate parts are
exposed, in whole or in part, when:
(1) the person is identifiable:
(i) from the image itself, by the person depicted in the image or by another
person; or
(ii) from personal information displayed in connection with the image;
(2) the actor knows or reasonably should know that the person depicted
in the image does not consent to the dissemination; and
(3) the image was obtained or created under circumstances in which the
actor knew or reasonably should have known the person depicted had a
reasonable expectation of privacy.
Subd. 2 Penalties. (a) Except as provided in paragraph (b), whoever
violates subdivision 1 is guilty of a gross misdemeanor.
(b) Whoever violates subdivision 1 may be sentenced to imprisonment for
not more than three years or to payment of a fine of $5,000, or both, if one of
the following factors is present:
(1) the person depicted in the image suffers financial loss due to the
dissemination of the image;
(2) the actor disseminates the image with intent to profit from the
dissemination;
(3) the actor maintains an Internet Web site, online service, online
application, or mobile application for the purpose of disseminating the image;
(4) the actor posts the image on a Web site;
(5) the actor disseminates the image with intent to harass the person
depicted in the image;
(6) the actor obtained the image by committing a violation of section
609.52, 609.746, 609.89, or 609.891; or
(7) the actor has previously been convicted under this chapter.
Subd. 3. No defense. It is not a defense to a prosecution under this
section that the person consented to the capture or possession of the image.
Subd. 4. Venue. Notwithstanding anything to the contrary in section
627.01, an offense committed under this section may be prosecuted in:
(1) the county where the offense occurred;
(2) the county of residence of the actor or victim or in the jurisdiction of
the victim's designated address if the victim participates in the address
confidentiality program established by chapter 5B; or
(3) only if venue cannot be located in the counties specified under clause
(1) or (2), the county where any image is produced, reproduced, found, stored,
received, or possessed in violation of this section.

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 Subd. 5. Exemptions. Subdivision 1 does not apply when:
(1) the dissemination is made for the purpose of a criminal investigation
or prosecution that is otherwise lawful;
(2) the dissemination is for the purpose of, or in connection with, the
reporting of unlawful conduct;
(3) the dissemination is made in the course of seeking or receiving
medical or mental health treatment and the image is protected from further
dissemination;
(4) the image involves exposure in public or was obtained in a commercial
setting for the purpose of the legal sale of goods or services, including the
creation of artistic products for sale or display;
(5) the image relates to a matter of public interest and dissemination
serves a lawful public purpose;
(6) the dissemination is for legitimate scientific research or educational
purposes; or
(7) the dissemination is made for legal proceedings and is consistent with
common practice in civil proceedings necessary for the proper functioning of
the criminal justice system, or protected by court order which prohibits any
further dissemination.
Subd. 6. Immunity. Nothing in this section shall be construed to impose
liability upon the following entities solely as a result of content or information
provided by another person:
(1) an interactive computer service as defined in United States Code, title
47, section 230, paragraph (f), clause (2);
(2) a provider of public mobile services or private radio services; or
(3) a telecommunications network or broadband provider.
Subd. 7. Definitions.
(a) For purposes of this section, the following terms have the meanings
given.
(b) "Dissemination" means distribution to one or more persons, other than
the person depicted in the image, or publication by any publicly available
medium.
(c) "Harass" means an act that would cause a substantial adverse effect
on the safety, security, or privacy of a reasonable person.
(d) "Image" means a photograph, film, video recording, or digital
photograph or recording.
(e) "Intimate parts" means the genitals, pubic area, or anus of an
individual, or if the individual is female, a partially or fully exposed nipple.
(f) "Personal information" means any identifier that permits
communication or in-person contact with a person, including:
(1) a person's first and last name, first initial and last name, first name and
last initial, or nickname;
(2) a person's home, school, or work address;
(3) a person's telephone number, e-mail address, or social media account
information; or
(4) a person's geolocation data.
(g) "Sexual act" means either sexual contact or sexual penetration.
(h) "Sexual contact" means the intentional touching of intimate parts or
intentional touching with seminal fluid or sperm onto another person's body.
(i) "Sexual penetration" means any of the following acts:

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(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

(2) any intrusion, however slight, into the genital or anal openings of an
individual by another's body part or an object used by another for this purpose.
(j) "Social media" means any electronic medium, including an interactive
computer service, telephone network, or data network, that allows users to
create, share, and view user-generated content.
Subd. 8. Other crimes. Nothing in this section shall limit the power of the
state to prosecute or punish a person for conduct that constitutes any other
crime under any other law of this state.

NUISANCE

617.91 DEFINITIONS.
Subdivision 1. General. The definitions in this section apply to
sections 617.91 to 617.97.
Subd. 2. Continuously or regularly. "Continuously or regularly"
means at least three separate incidents or occurrences in a period of not more
than 12 months.
Subd. 3. Criminal gang. "Criminal gang" has the meaning given in
section 609.229.
Subd. 4. Gang activity. "Gang activity" means the commission of one
or more of the offenses listed in section 609.11, subdivision 9; criminal
damage to property in the first or second degree under section 609.595,
subdivision 1 or 1a; trespass under section 609.605; disorderly conduct under
section 609.72; or unlawful possession of a firearm by a minor under section
624.713, subdivision 1, clause (1).
Subd. 5. Place. "Place" means:
(1) a structure suitable for human shelter, a commercial structure that is
maintained for business activities, a portion of the structure, or the land
surrounding the structure that is under the control of the person who owns or
is responsible for maintaining the structure. If the place is a multiunit dwelling,
a hotel or motel, or a commercial or office building, "place" means only the
portion of the place in which a public nuisance is maintained or permitted,
including a dwelling unit, room, suite of rooms, office, common area, storage
area, garage, parking area, or the land surrounding the place that is under the
control of the person who owns or is responsible for maintaining the structure;
or
(2) a parcel of land that does not include a structure and is under the
control of the person who owns or is responsible for maintaining the land.

617.92 PUBLIC NUISANCE.

Subdivision 1. Gang activities. A criminal gang that continuously or
regularly engages in gang activities is a public nuisance.
Subd. 2. Use of place. The continuous or regular use of a place by a
lessee or tenant to engage in or allow gang activity by a criminal gang that is
knowingly permitted by the owner or a person who is responsible for
maintaining the place on behalf of the owner is a public nuisance

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617.93 SUIT TO ABATE NUISANCE.
(a) A county or city attorney or the attorney general may sue to enjoin
a public nuisance under sections 617.91 to 617.97.
(b) A person who continuously or regularly engages in gang activity as
a member of a criminal gang may be made a defendant in a suit.
(c) If the public nuisance involves the use of a place as provided in
section 617.92, subdivision 2, the owner or a person who is responsible for
maintaining the place on behalf of the owner may be made a defendant in the
suit pursuant to the procedures applicable to owners under sections 617.81 to
617.87.

617.94 COURT ORDER.

(a) If the court finds, by a preponderance of the evidence, that a criminal
gang constitutes a public nuisance, the court may enter a temporary or
permanent order:
(1) enjoining a defendant in the suit from engaging in the gang activities;
and
(2) imposing other reasonable requirements to prevent the defendant
from engaging in future gang activities.
(b) "Reasonable requirement" as specified in paragraph (a), clause (2),
means an injunctive limitation on gang behavior and social interaction that
reduces the opportunity for gang activity. The court in imposing reasonable
requirements must balance state interests in public safety against
constitutional freedoms.
(c) If the court finds, by a preponderance of the evidence, that a place
is continuously or regularly used in a manner that constitutes a public
nuisance, the court may include in its order reasonable requirements to
prevent the use of the place for gang activity. This may include cancellation of
any applicable lease pursuant to the procedures in section 617.85 that may
involve any tenant or lessee who has maintained or conducted the public
nuisance, or other reasonable requirements established in the order.

617.95 VIOLATION OF COURT ORDER; FINE AND CRIMINAL

PENALTY.
Subdivision 1. Fine for civil contempt. A person who violates a
temporary or permanent injunctive order issued under section 617.94 is
subject to a fine for civil contempt of not less than $1,000 nor more than
$10,000.
Subd. 2. Criminal penalty. A person who knowingly violates a
temporary or permanent injunctive order issued under section 617.94 is guilty
of a misdemeanor.

617.96 ATTORNEY FEES.

In an action brought under sections 617.91 to 617.97, the court may
award a prevailing party reasonable attorney fees and costs.

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617.97 USE OF PLACE; EVIDENCE.

(a) In an action brought under sections 617.91 to 617.97, proof that
gang activity by a member of a criminal gang is continuously or regularly
committed at a place or proof that a place is continuously or regularly used for
engaging in gang activity by a member of a criminal gang is prima facie
evidence that the person who owns or is responsible for maintaining the place
knowingly permitted the act.
(b) Paragraph (a) does not apply if the person who owns or is
responsible for maintaining the place proves, by a preponderance of the
evidence, that the person has made reasonable efforts to prevent the
occurrence of the gang activity, which may include cancellation of or an
attempt to cancel the lease.

CHAPT 624 CRIMES, OTHER PROVISIONS FIREARMS

624.71 GUN CONTROL, APPLICATION OF FEDERAL LAW.
Subdivision 1. Application. Notwithstanding any other law to the
contrary, it shall be lawful for any federally licensed importer, manufacturer,
dealer, or collector to sell and deliver firearms and ammunition to a resident of
any state in any instance where such sale and delivery is lawful under the
federal Gun Control Act of 1968 (Public Law Number 90-618).
Subd. 2. Contiguous state purchases. Notwithstanding any other law
to the contrary, it shall be lawful for a resident of Minnesota to purchase
firearms and ammunition in any state in any instance where such sale and
delivery is lawful under the federal Gun Control Act of 1968 (Public Law
Number 90-618).

624.711 DECLARATION OF POLICY.

It is not the intent of the legislature to regulate shotguns, rifles and other
long guns of the type commonly used for hunting and not defined as pistols or
semiautomatic military-style assault weapons, or to place costs of
administration upon those citizens who wish to possess or carry pistols or
semi-automatic military-style assault weapons lawfully, or to confiscate or
otherwise restrict the use of pistols or semi-automatic military-style assault
weapons by law-abiding citizens.

624.712 DEFINITIONS.
Subdivision 1. Scope. As used in sections 624.711 to 624.717, the
terms defined in this section shall have the meanings given them.
Subd. 2. Pistol. "Pistol" includes a weapon designed to be fired by the
use of a single hand and with an overall length less than 26 inches, or having
a barrel or barrels of a length less than 18 inches in the case of a shotgun or
having a barrel of a length less than 16 inches in the case of a rifle (a) from
which may be fired or ejected one or more solid projectiles by means of a
cartridge or shell or by the action of an explosive or the igniting of flammable
or explosive substances; or (b) for which the propelling force is a spring, elastic
band, carbon dioxide, air or other gas, or vapor.
"Pistol" does not include a device firing or ejecting a shot measuring .18
of an inch, or less, in diameter and commonly known as a "BB gun," a scuba

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gun, a stud gun or nail gun used in the construction industry or children's pop
guns or toys.
Subd. 3. Antique firearm. "Antique firearm" means any firearm,
including any pistol, with a matchlock, flintlock, percussion cap, or similar type
of ignition system, manufactured before 1899 and any replica of any firearm
described herein if such replica is not designed or redesigned, made or
remade, or intended to fire conventional rimfire or conventional centerfire
ammunition, or uses conventional rimfire or conventional centerfire
ammunition which is not readily available in the ordinary channels of
commercial trade.
Subd. 4. Saturday night special pistol. "Saturday night special pistol"
means a pistol other than an antique firearm or a pistol for which the propelling
force is carbon dioxide, air or other vapor, or children's pop guns or toys,
having a frame, barrel, cylinder, slide or breechblock:
(1) of any material having a melting point (liquidus) of less than 1,000
degrees Fahrenheit, or
(2) of any material having an ultimate tensile strength of less than 55,000
pounds per square inch, or
(3) of any powdered metal having a density of less than 7.5 grams per
cubic centimeter.
Subd. 5. Crime of Violence. "Crime of violence" means: felony
convictions of the following offenses: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.215 (aiding suicide and aiding attempted suicide);
609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247
(domestic assault by strangulation); 609.229 (crimes committed for the benefit
of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false
imprisonment); 609.322 (solicitation, inducement, and promotion of
prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct
in the fourth degree); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.486 (commission of crime while
wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a
firearm, and theft involving the theft of a controlled substance, an explosive,
or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson
in the second degree); 609.582, subdivision 1, or 2, (burglary in the first and
second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67
(unlawfully owning, possessing, operating a machine gun or short-barreled
shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment);
609.855, subdivision 5 (shooting at a public transit vehicle or facility); and
chapter 152 (drugs, controlled substances); and an attempt to commit any of
these offenses.
Subd. 6. Transfer. "Transfer" means a sale, gift, loan, assignment or
other delivery to another, whether or not for consideration, of a pistol or

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semiautomatic military-style assault weapon or the frame or receiver of a pistol

or semiautomatic military-style assault weapon.
Subd. 7. Semiautomatic military-style assault weapon.
"Semiautomatic military-style assault weapon" means:
(1) any of the following firearms:
(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
(iii) Colt AR-15 semiautomatic rifle type;
(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
(v) Famas MAS semiautomatic rifle type;
(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
(vii) Galil semiautomatic rifle type;
(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
(x) Intratec TEC-9 semiautomatic pistol type;
(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
(xii) SKS with detachable magazine semiautomatic rifle type;
(xiii) Steyr AUG semiautomatic rifle type;
(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;
(xv) USAS-12 semiautomatic shotgun type;
(xvi) Uzi semiautomatic pistol and carbine types; or
(xvii) Valmet M76 and M78 semiautomatic rifle types;
(2) any firearm that is another model made by the same manufacturer as
one of the firearms listed in clause (1), and has the same action design as one
of the listed firearms, and is a redesigned, renamed, or renumbered version
of one of the firearms listed in clause (1), or has a slight modification or
enhancement, including but not limited to a folding or retractable stock;
adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet
mount; and
(3) any firearm that has been manufactured or sold by another company
under a licensing agreement with a manufacturer of one of the firearms listed
in clause (1) entered into after the effective date of this act to manufacture or
sell firearms that are identical or nearly identical to those listed in clause (1),
or described in clause (2), regardless of the company of production or country
of origin.
The weapons listed in clause (1), except those listed in items (iii), (ix), (x),
(xiv), and (xv), are the weapons the importation of which was barred by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States
Department of the Treasury in July, 1989.
Except as otherwise specifically provided in paragraph (d), a firearm is not
a "semiautomatic military-style assault weapon" if it is generally recognized as
particularly suitable for or readily adaptable to sporting purposes under United
States Code, title 18, section 925, paragraph (d) (3), or any regulations
adopted pursuant to that law.
Subd. 8. Included weapons. By August 1, 1993, and annually thereafter,
the superintendent of the bureau of criminal apprehension shall publish a
current authoritative list of the firearms included within the definition of
"semiautomatic military-style assault weapon" under this section. Dealers,

471
purchasers, and other persons may rely on the list in complying with this
chapter.
Subd. 9. Business day. "Business day" means a day on which state
offices are open for normal business and excludes weekends and legal
holidays.
Subd. 10. Crime punishable by imprisonment for a term exceeding
one year. "Crime punishable by imprisonment for a term exceeding one year"
does not include:
(1) any federal or state offense pertaining to antitrust violations, unfair
trade practices, restraints of trade, or other similar offenses relating to the
regulation of business practices; or
(2) any state offense classified by the laws of this state or any other state
as a misdemeanor and punishable by a term of imprisonment of two years or
less.
What constitutes a conviction of a crime shall be determined in
accordance with the law of the jurisdiction in which the proceedings were held.
Any conviction which has been expunged, or set aside, or for which a person
has been pardoned or has had civil rights restored shall not be considered a
conviction for purposes of this definition, unless such pardon, expungement,
or restoration of civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
Subd. 11. Commissioner. "Commissioner" means the commissioner of
public safety unless otherwise indicated.
Subd. 12. Ammunition. “Ammunition” has the meaning given in section
609.02, subdivision 17.

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.

Subdivision 1. Ineligible persons. The following persons shall not be
entitled to possess ammunition or a pistol or semiautomatic military-style
assault weapon, or except for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may
possess ammunition designed for use in a firearm that the person may lawfully
possess and may carry or possess a pistol or semiautomatic military-style
assault weapon (i) in the actual presence or under the direct supervision of the
person's parent or guardian, (ii) for the purpose of military drill under the
auspices of a legally recognized military organization and under competent
supervision, (iii) for the purpose of instruction, competition, or target practice
on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the
person has successfully completed a course designed to teach marksmanship
and safety with a pistol or semiautomatic military-style assault weapon and
approved by the commissioner of natural resources;
(2) except as otherwise provided in clause (9), a person who has been
convicted, or adjudicated delinquent or convicted as an extended jurisdiction
juvenile for committing, in this state or elsewhere, a crime of violence. For
purposes of this section, crime of violence includes crimes in other states or
jurisdictions which would have been crimes of violence as herein defined if
they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or
elsewhere by a judicial determination that the person is mentally ill,
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developmentally disabled, or mentally ill and dangerous to the public, as

defined in section 253B.02, to a treatment facility, or who has ever been found
incompetent to stand trial or not guilty by reason of mental illness, unless the
person’s ability to possess a firearm and ammunition has been restored under
subdivision 4;
(4) a person who has been convicted in Minnesota or elsewhere of a
misdemeanor or gross misdemeanor violation of chapter 152, unless three
years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other such violation of chapter 152 or a
similar law of another state; or a person who is or has ever been committed
by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01, and 152.02, unless the
person’s ability to possess a firearm and ammunition has been restored under
subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota
or elsewhere by a judicial determination that the person is chemically
dependent as defined in section 253B.02, unless the person has completed
treatment or the person’s ability to possess a firearm and ammunition has
been restored under subdivision 4. Property rights may not be abated but
access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility
pursuant to section 253B.04 for chemical dependency, unless the officer
possesses a certificate from the head of the treatment facility discharging or
provisionally discharging the officer from the treatment facility. Property rights
may not be abated but access may be restricted by the courts;
(7) a person, including a person under the jurisdiction of the juvenile court,
who has been charged with committing a crime of violence and has been
placed in a pretrial diversion program by the court before disposition, until the
person has completed the diversion program and the charge of committing the
crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been
convicted in another state of committing an offense similar to the offense
described in section 609.224, subdivision 3, against a family or household
member or section 609.2242, subdivision 3, unless three years have elapsed
since the date of conviction and, during that time, the person has not been
convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of
assaulting a family or household member and who was found by the court to
have used a firearm in any way during commission of the assault is prohibited
from possessing any type of firearm or ammunition for the period determined
by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment
for a term exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to
avoid prosecution for a crime or to avoid giving testimony in any criminal
proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter
152;

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 (iv) has been judicially committed to a treatment facility in Minnesota or
elsewhere as a person who is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under
dishonorable conditions; or
(vii) has renounced the person's citizenship having been a citizen of the
United States; or
(viii) is disqualified from possessing a firearm under United States Code,
title 18, section 922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the
gross misdemeanor level, unless three years have elapsed since the date of
conviction and, during that time, the person has not been convicted of any
other violation of these sections: section 609.229 (crimes committed for the
benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias);
609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a
spring gun); 609.71 (riot); or 609.749 (stalking). For purposes of this
paragraph, the specified gross misdemeanor convictions include crimes
committed in other states or jurisdictions which would have been gross
misdemeanors if conviction occurred in this state;
(12) a person who has been convicted of a violation of section 609.224 if
the court determined that the assault was against a family or household
member in accordance with section 609.2242, subdivision 3 (domestic
assault), unless three years have elapsed since the date of conviction and,
during that time, the person has not been convicted of another violation of
section 609.224 or a violation of a section listed in clause (11); or
(13) a person who is subject to an order for protection as described in
section 260C.201, subdivision 3, paragraph (d), or section 518B.01,
subdivision 6, paragraph (g).
A person who issues a certificate pursuant to this section in good faith
is not liable for damages resulting or arising from the actions or misconduct
with a firearm or ammunition committed by the individual who is the subject of
the certificate.
The prohibition in this subdivision relating to the possession of firearms
other than pistols and semiautomatic military-style assault weapons does not
apply retroactively to persons who are prohibited from possessing a pistol or
semiautomatic military-style assault weapon under this subdivision before
August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting
firearms and ammunition for persons convicted or adjudicated delinquent of a
crime of violence in clause (2), applies only to offenders who are discharged
from sentence or court supervision for a crime of violence on or after August
1, 1993.
For purposes of this section, “judicial determination” means a court
proceeding pursuant to sections 253B.07 to 253B.09 or a comparable law from
another state.
Subd. 1a. Ineligible to receive, ship, transport. A person presently
charged with a crime punishable by imprisonment for a term exceeding one
year shall not be entitled to receive, ship, or transport any pistol or

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semiautomatic military-style assault weapon or ammunition designed for use

in a pistol or semiautomatic military-style assault weapon. A violation of this
subdivision is a gross misdemeanor.
Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who
possesses ammunition or a pistol or semiautomatic military-style assault
weapon in violation of that clause 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.
(b) A person named in subdivision 1, clause (2), who possesses any type
of firearm or ammunition is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both. This paragraph does not apply to any person who has
received a relief of disability under United States Code, title 18, section 925,
or whose ability to possess firearms and ammunition has been restored under
section 609.165, subdivision 1d.
(c) A person named in any other clause of subdivision 1 who possesses
any type of firearm or ammunition is guilty of a gross misdemeanor.
Subd. 3. Notice. (a) When a person is convicted of, or adjudicated
delinquent or convicted as an extended jurisdiction juvenile for committing, a
crime of violence as defined in section 624.712, subdivision 5, the court shall
inform the defendant that the defendant is prohibited from possessing
ammunition or a pistol or semiautomatic military-style assault weapon for the
remainder of the person's lifetime, and that it is a felony offense to violate this
prohibition. The failure of the court to provide this information to a defendant
does not affect the applicability of the ammunition or pistol or semiautomatic
military-style assault weapon possession prohibition or the felony penalty to
that defendant.
(b) When a person, including a person under the jurisdiction of the juvenile
court, is charged with committing a crime of violence and is placed in a pretrial
diversion program by the court before disposition, the court shall inform the
defendant that: (1) the defendant is prohibited from possessing a pistol or
semiautomatic military-style assault weapon or ammunition designed for use
in a pistol or semiautomatic military-style assault weapon until the person has
completed the diversion program and the charge of committing a crime of
violence has been dismissed; (2) it is a gross misdemeanor offense to violate
this prohibition; and (3) if the defendant violates this condition of participation
in the diversion program, the charge of committing a crime of violence may be
prosecuted. The failure of the court to provide this information to a defendant
does not affect the applicability of the ammunition or pistol or semiautomatic
military-style assault weapon possession prohibition or the gross
misdemeanor penalty to that defendant.
(c) A court shall notify a person subject to subdivision 1, clause (3), of the
prohibitions described in that clause and those described in United States
Code, title 18, sections 922(d)(4) and 922(g)(4).

475
 Subd. 4. Restoration of firearms eligibility to civilly committed
person; petition authorized. (a) A person who is prohibited from possessing
a firearm or ammunition under subdivision 1, due to commitment resulting from
a judicial determination that the person is mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent, may petition a
court to restore the person’s ability to possess a firearm or ammunition.
(b) The court may grant the relief sought in paragraph (a) in accordance
with the principles of due process if the circumstances regarding the person’s
disqualifying condition and the person’s record and reputation are determined
to be such that:
(1) the person is not likely to act in a manner that is dangerous to public
safety; and
(2) the granting of relief would not be contrary to the public interest.
(c) When determining whether a person has met the requirement of
paragraph (b), clause (1), the court may consider evidence from a licensed
medical doctor or clinical psychologist that the person is no longer suffering
from the disease or condition that caused the disability or that the disease or
condition has been successfully treated for a period of three consecutive
years.
(d) Review on appeal shall be de novo.
Subd. 5. Provision of firearms background check information. (a)
When a court places a person, including a person under the jurisdiction of the
juvenile court, who is charged with committing a crime of violence into a
pretrial diversion program before disposition, the court must ensure that
information regarding the person's placement in that program and the ordered
expiration date of that placement is transmitted as soon as practicable to the
National Instant Criminal Background Check System. When a person
successfully completes or discontinues the program, the prosecuting attorney
must also report that fact within 24 hours of receipt to the National Instant
Criminal Background Check System.
(b) The court must report the conviction and duration of the firearms
disqualification imposed as soon as practicable to the National Instant Criminal
Background Check System when a person is convicted of a gross
misdemeanor that disqualifies the person from possessing firearms under the
following sections:
(1) 518B.01, subdivision 14;
(2) 609.224, subdivision 3;
(3) 609.2242, subdivision 3;
(4) 609.749, subdivision 8;
(5) 624.713, subdivision 1, clause (11); or
(6) 629.715, subdivision 2.
(c) If the court reports a firearms disqualification based on a charge of
violating an offense listed in paragraph (b), the court must provide notice of
the disposition of the charge to the National Instant Criminal Background
Check System within three business days.

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624.7131 TRANSFEREE PERMIT; PENALTY.

Subdivision 1. Information. Any person may apply for a transferee
permit by providing the following information in writing to the chief of police of
an organized full-time police department of the municipality in which the
person resides or to the county sheriff if there is no such local chief of police:
(1) The name, residence, telephone number and driver's license number
or nonqualification certificate number, if any, of the proposed transferee;
(2) The sex, date of birth, height, weight and color of eyes, and
distinguishing physical characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the
local police authority of commitment information about the proposed
transferee maintained by the commissioner of human services, to the extent
that the information relates to the proposed transferee's eligibility to possess
a pistol or semiautomatic military-style assault weapon under section 624.713,
subdivision 1; and
(4) A statement by the proposed transferee that the proposed transferee
is not prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon.
The statements shall be signed and dated by the person applying for a
permit. At the time of application, the local police authority shall provide the
applicant with a dated receipt for the application. The statement under clause
(c) must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to consent to
disclosure of alcohol or drug abuse patient records.
Subd. 2. Investigation. The chief of police or sheriff shall check criminal
histories, records and warrant information relating to the applicant through the
Minnesota crime information system, the national criminal record repository,
and the National Instant Criminal Background Check System. The chief of
police or sheriff shall also make a reasonable effort to check other available
state and local record-keeping systems. The chief of police or sheriff shall
obtain commitment information from the commissioner of human services as
provided in section 245.041.
Subd. 3. Forms. Chiefs of police and sheriffs shall make transferee
permit application forms available throughout the community. There shall be
no charge for forms, reports, investigations, notifications, waivers or any other
act performed or materials provided by a government employee or agency in
connection with application for or issuance of a transferee permit.
Subd. 4. Grounds for disqualification. A determination by the chief of
police or sheriff that the applicant is prohibited by section 624.713 from
possessing a pistol or semiautomatic military-style assault weapon shall be
the only basis for refusal to grant a transferee permit.
Subd. 5. Granting of permits. The chief of police or sheriff shall issue
a transferee permit or deny the application within seven days of application for
the permit. The chief of police or sheriff shall provide an applicant with written
notification of a denial and the specific reason for the denial. The permits and
their renewal shall be granted free of charge.
Subd. 6. Permits valid statewide. Transferee permits issued pursuant
to this section are valid statewide and shall expire after one year. A transferee
permit may be renewed in the same manner and subject to the same
provisions by which the original permit was obtained, except that all renewed

477
permits must comply with the standards adopted by the commissioner of
public safety under section 624.7151. Permits issued pursuant to this section
are not transferable. A person who transfers a permit in violation of this
subdivision is guilty of a misdemeanor.
Subd. 7. Permit voided. The transferee permit shall be void at the time
that the holder becomes prohibited from possessing a pistol under section
624.713, in which event the holder shall return the permit within five days to
the issuing authority. Failure of the holder to return the permit within the five
days is a misdemeanor unless the court finds that the circumstances or the
physical or mental condition of the permit holder prevented the holder from
complying with the return requirement.
Subd. 8. Hearing upon denial. Any person aggrieved by denial of a
transferee permit may appeal the denial to the district court having jurisdiction
over the county or municipality in which the denial occurred.
Subd. 9. Permit to carry. A valid permit to carry issued pursuant to
section 624.714 constitutes a transferee permit for the purposes of this section
and section 624.7132.
Subd. 10. Transfer report not required. A person who transfers a pistol
or semiautomatic military-style assault weapon to a person exhibiting a valid
transferee permit issued pursuant to this section or a valid permit to carry
issued pursuant to section 624.714 is not required to file a transfer report
pursuant to section 624.7132, subdivision 1.
Subd. 11. Penalty. A person who makes a false statement in order to
obtain a transferee permit knowing or having reason to know the statement is
false is guilty of a gross misdemeanor.
Subd. 12. Local regulation. This section shall be construed to
supersede municipal or county regulation of the issuance of transferee
permits.

624.7132 REPORT OF TRANSFER.

Subdivision 1. Required information. Except as provided in this
section and section 624.7131, every person who agrees to transfer a pistol or
semiautomatic military-style assault weapon shall report the following
information in writing to the chief of police of the organized full-time police
department of the municipality where the proposed transferee resides or to the
appropriate county sheriff if there is no such local chief of police:
(1) the name, residence, telephone number and driver's license number
or nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and
distinguishing physical characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the
local police authority of commitment information about the proposed
transferee maintained by the commissioner of human services, to the extent
that the information relates to the proposed transferee's eligibility to possess
a pistol or semiautomatic military-style assault weapon under section 624.713,
subdivision 1;
(4) a statement by the proposed transferee that the transferee is not
prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon; and
(5) the address of the place of business of the transferor.

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The report shall be signed and dated by the transferor and the proposed
transferee. The report shall be delivered by the transferor to the chief of police
or sheriff no later than three days after the date of the agreement to transfer,
excluding weekends and legal holidays. The statement under clause (c) must
comply with any applicable requirements of Code of Federal Regulations, title
42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or
drug abuse patient records.
Subd. 2. Investigation. Upon receipt of a transfer report, the chief of
police or sheriff shall check criminal histories, records and warrant information
relating to the proposed transferee through the Minnesota crime information
system, the national criminal record repository, and the National Instant
Criminal Background Check System. The chief of police or sheriff shall also
make a reasonable effort to check other available state and local record-
keeping systems. The chief of police or sheriff shall obtain commitment
information from the commissioner of human services as provided in section
245.041.
Subd. 3. Notification. The chief of police or sheriff shall notify the
transferor and proposed transferee in writing as soon as possible if the chief
or sheriff determines that the proposed transferee is prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault
weapon. The notification to the transferee shall specify the grounds for the
disqualification of the proposed transferee and shall set forth in detail the
transferee's right of appeal under subdivision 13.
Subd. 4. Delivery. Except as otherwise provided in subdivision 7 or 8,
no person shall deliver a pistol or semiautomatic military-style assault weapon
to a proposed transferee until five business days after the date the agreement
to transfer is delivered to a chief of police or sheriff in accordance with
subdivision 1 unless the chief of police or sheriff waives all or a portion of the
seven day waiting period. The chief of police or sheriff may waive all or a
portion of the five business day waiting period in writing if the chief of police or
sheriff finds that the transferee requires access to a pistol or semiautomatic
military-style assault weapon because of a threat to the life of the transferee
or of any member of the household of the transferee.
No person shall deliver a pistol or semiautomatic military-style assault
weapon to a proposed transferee after receiving a written notification that the
chief of police or sheriff has determined that the proposed transferee is
prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon.
If the transferor makes a report of transfer and receives no written
notification of disqualification of the proposed transferee within five business
days after delivery of the agreement to transfer, the pistol or semiautomatic
military-style assault weapon may be delivered to the transferee.
Subd. 5. Grounds for disqualification. A determination by the chief of
police or sheriff that the proposed transferee is prohibited by section 624.713
from possessing a pistol or semiautomatic military-style assault weapon shall
be the sole basis for a notification of disqualification under this section.
Subd. 6. Transferee permit. If a chief of police or sheriff determines that
a transferee is not a person prohibited by section 624.713 from possessing a
pistol or semiautomatic military-style assault weapon, the transferee may,

479
within 30 days after the determination, apply to that chief of police or sheriff
for a transferee permit, and the permit shall be issued.
Subd. 7. Repealed, 1994 c 636 art 3 s 46
Subd. 8. Report not required. If the proposed transferee presents a
valid transferee permit issued under section 624.7131 or a valid permit to carry
issued under section 624.714, the transferor need not file a transfer report.
Subd. 9. Number of pistols or semiautomatic military-style assault
weapons. Any number of pistols or semiautomatic military-style assault
weapons may be the subject of a single transfer agreement and report to the
chief of police or sheriff. Nothing in this section or section 624.7131 shall be
construed to limit or restrict the number of pistols or semiautomatic military-
style assault weapons a person may acquire.
Subd. 10. Restriction on records. If, after a determination that the
transferee is not a person prohibited by section 624.713 from possessing a
pistol or semiautomatic military-style assault weapon, a transferee requests
that no record be maintained of the fact of who is the transferee of a pistol or
semiautomatic military-style assault weapon, the chief of police or sheriff shall
sign the transfer report and return it to the transferee as soon as possible.
Thereafter, no government employee or agency shall maintain a record of the
transfer that identifies the transferee, and the transferee shall retain the report
of transfer.
Subd. 11. Forms; cost. Chiefs of police and sheriffs shall make transfer
report forms available throughout the community. There shall be no charge
for forms, reports, investigations, notifications, waivers or any other act
performed or materials provided by a government employee or agency in
connection with a transfer.
Subd. 12. Exclusions. Except as otherwise provided in section 609.66,
subdivision 1f, this section shall not apply to transfers of antique firearms as
curiosities or for their historical significance or value, transfers to or between
federally licensed firearms dealers, transfers by order of court, involuntary
transfers, transfers at death or the following transfers:
(1) a transfer by a person other than a federally licensed firearms dealer;
(2) a loan to a prospective transferee if the loan is intended for a period of
no more than one day;
(3) the delivery of a pistol or semiautomatic military-style assault weapon
to a person for the purpose of repair, reconditioning or remodeling;
(4) a loan by a teacher to a student in a course designed to teach
marksmanship or safety with a pistol and approved by the commissioner of
natural resources;
(5) a loan between persons at a firearms collectors exhibition;
(6) a loan between persons lawfully engaged in hunting or target shooting
if the loan is intended for a period of no more than 12 hours;
(7) a loan between law enforcement officers who have the power to make
arrests other than citizen arrests; and
(8) a loan between employees or between the employer and an employee
in a business if the employee is required to carry a pistol or semiautomatic
military-style assault weapon by reason of employment and is the holder of a
valid permit to carry a pistol.
Subd. 13. Appeal. A person aggrieved by the determination of a chief
of police or sheriff that the person is prohibited by section 624.713 from

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possessing a pistol or semiautomatic military-style assault weapon may

appeal
the determination as provided in this subdivision. The district court shall have
jurisdiction of proceedings under this subdivision.
On review pursuant to this subdivision, the court shall be limited to a
determination of whether the proposed transferee is a person prohibited from
possessing a pistol or semiautomatic military-style assault weapon by section
624.713.
Subd. 14. Transfer to unknown party. (a) No person shall transfer a
pistol or semiautomatic military-style assault weapon to another who is not
personally known to the transferor unless the proposed transferee presents
evidence of identity to the transferor.
(b) No person who is not personally known to the transferor shall become
a transferee of a pistol or semiautomatic military-style assault weapon unless
the person presents evidence of identity to the transferor.
(c) The evidence of identity shall contain the name, residence address,
date of birth, and photograph of the proposed transferee; must be made or
issued by or under the authority of the United States government, a state, a
political subdivision of a state, a foreign government, a political subdivision of
a foreign government, an international governmental or an international
quasi-governmental organization; and must be of a type commonly accepted
for the purpose of identification of individuals.
(d) A person who becomes a transferee of a pistol or semiautomatic
military-style assault weapon in violation of this subdivision is guilty of a
misdemeanor.
Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b),
a person who does any of the following is guilty of a gross misdemeanor:
(1) Transfers a pistol or semiautomatic military-style assault weapon in
violation of subdivisions 1 to 13;
(2) Transfers a pistol or semiautomatic military-style assault weapon to a
person who has made a false statement in order to become a transferee, if the
transferor knows or has reason to know the transferee has made the false
statement;
(3) Knowingly becomes a transferee in violation of subdivisions 1 to 13;
or
(4) Makes a false statement in order to become a transferee of a pistol or
semiautomatic military-style assault weapon knowing or having reason to
know the statement is false.
(b) A person who does either of the following is guilty of a felony:
(1) transfers a pistol or semiautomatic military-style assault weapon to a
person under the age of 18 in violation of subdivisions 1 to 13; or
(2) transfers a pistol or semiautomatic military-style assault weapon to a
person under the age of 18 who has made a false statement in order to
become a transferee, if the transferor knows or has reason to know the
transferee has make the false statement.
Subd. 16. Local regulation. This section shall be construed to
supersede municipal or county regulation of the transfer of pistols.

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624.7133 PURCHASING FIREARM ON BEHALF OF
INELIGIBLE PERSON.
Any person who purchases or otherwise obtains a firearm on behalf of
or for transfer to a person known to be ineligible to possess or purchase a
firearm pursuant to federal or state law is guilty of a gross misdemeanor.

624.714 CARRYING OF WEAPONS WITHOUT PERMIT;

PENALTIES.
Subdivision 1. Repealed, 2003, c 28 a 2 s 35
Subd. 1a. Permit required; penalty. A person, other than a peace officer,
as defined in section 626.84, subdivision 1, who carries, holds, or possesses
a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's
clothes or the person, or otherwise in possession or control in a public place,
as defined in section 624.7181, subdivision 1, paragraph (c), without first
having
obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person
who is convicted a second or subsequent time is guilty of a felony.
Subd. 1b. Display of permit; penalty. (a) The holder of a permit to carry
must have the permit card and a driver's license, state identification card, or
other government-issued photo identification in immediate possession at all
times when carrying a pistol and must display the permit card and identification
document upon lawful demand by a peace officer, as defined in section
626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor.
The fine for a first offense must not exceed $25. Notwithstanding section
609.531, a firearm carried in violation of this paragraph is not subject to
forfeiture.
(b) A citation issued for violating paragraph (a) must be dismissed if the
person demonstrates, in court or in the office of the arresting officer, that the
person was authorized to carry the pistol at the time of the alleged violation.
(c) Upon the request of a peace officer, a permit holder must write a
sample signature in the officer's presence to aid in verifying the person's
identity.
(d) Upon the request of a peace officer, a permit holder shall disclose to
the officer whether or not the permit holder is currently carrying a firearm.
Subd. 2. Where application made; authority to issue permit; criteria;
scope. (a) Applications by Minnesota residents for permits to carry shall be
made to the county sheriff where the applicant resides. Nonresidents, as
defined in section 171.01, subdivision 42, may apply to any sheriff.
(b) Unless a sheriff denies a permit under the exception set forth in
subdivision 6, paragraph (a), clause (3), a sheriff must issue a permit to an
applicant if the person:
(1) has training in the safe use of a pistol;
(2) is at least 21 years old and a citizen or a permanent resident of the
United States;
(3) completes an application for a permit;
(4) is not prohibited from possessing a firearm under the following
sections:
(i) 518B.01, subdivision 14;
(ii) 609.224, subdivision 3;

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(iii) 609.2242, subdivision 3;

(iv) 609.749, subdivision 8;
(v) 624.713;
(vi) 624.719;
(vii) 629.715, subdivision 2;
(viii) 629.72, subdivision 2; or
(ix) any federal law; and
(5) is not listed in the criminal gang investigative data system under
section 299C.091.
(c) A permit to carry a pistol issued or recognized under this section is a
state permit and is effective throughout the state.
(d) A sheriff may contract with a police chief to process permit applications
under this section. If a sheriff contracts with a police chief, the sheriff remains
the issuing authority and the police chief acts as the sheriff's agent. If a sheriff
contracts with a police chief, all of the provisions of this section will apply.
Subd. 2a. Training in the safe use of a pistol. (a) An applicant must
present evidence that the applicant received training in the safe use of a pistol
within one year of the date of an original or renewal application. Training may
be demonstrated by:
(1) employment as a peace officer in the state of Minnesota within the past
year; or
(2) completion of a firearms safety or training course providing basic
training in the safe use of a pistol and conducted by a certified instructor.
(b) Basic training must include:
(1) instruction in the fundamentals of pistol use;
(2) successful completion of an actual shooting qualification exercise; and
(3) instruction in the fundamental legal aspects of pistol possession, carry,
and use, including self-defense and the restrictions on the use of deadly force.
(c) The certified instructor must issue a certificate to a person who has
completed a firearms safety or training course described in paragraph (b). The
certificate must be signed by the instructor and attest that the person attended
and completed the course.
(d) A person qualifies as a certified instructor if the person is certified as
a firearms instructor within the past five years by an organization or
government entity that has been approved by the Department of Public Safety
in accordance with the department’s standards.
(e) A sheriff must accept the training described in this subdivision as
meeting the requirement in subdivision 2, paragraph (b), for training in the safe
use of a pistol. A sheriff may also accept other satisfactory evidence of training
in the safe use of a pistol.
Subd. 3. Form and contents of application. (a) Applications for permits
to carry must be an official, standardized application form, adopted under
section 624.7151, and must set forth in writing only the following information:
(1) the applicant's name, residence, telephone number, if any, and driver's
license number or state identification card number;
(2) the applicant's sex, date of birth, height, weight, and color of eyes and
hair, and distinguishing physical characteristics, if any;
(3) the township or statutory city or home rule charter city, and county of
all Minnesota residences of the applicant in the last five years, though not
including specific addresses;

483
 (4) the township or city, county, and state of all non-Minnesota residences
of the applicant in the last five years, though not including specific addresses;
(5) a statement that the applicant authorizes the release to the sheriff of
commitment information about the applicant maintained by the commissioner
of human services or any similar agency or department of another state where
the applicant has resided, to the extent that the information relates to the
applicant's eligibility to possess a firearm; and
(6) a statement by the applicant that, to the best of the applicant's
knowledge and belief, the applicant is not prohibited by law from possessing
a firearm.
(b) The statement under paragraph (a), clause (5), must comply with any
applicable requirements of Code of Federal Regulations, title 42, sections 2.31
to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient
records.
(c) An applicant must submit to the sheriff an application packet consisting
only of the following items:
(1) a completed application form, signed and dated by the applicant;
(2) an accurate photocopy of the certificate described in subdivision 2a,
paragraph (c), that is submitted as the applicant's evidence of training in the
safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's license, state
identification card, or the photo page of the applicant's passport.
(d) In addition to the other application materials, a person who is otherwise
ineligible for a permit due to a criminal conviction but who has obtained a
pardon or expungement setting aside the conviction, sealing the conviction, or
otherwise restoring applicable rights, must submit a copy of the relevant order.
(e) Applications must be submitted in person.
(f) The sheriff may charge a new application processing fee in an amount
not to exceed the actual and reasonable direct cost of processing the
application or $100, whichever is less. Of this amount, $10 must be submitted
to the commissioner of public safety and deposited into the general fund.
(g) This subdivision prescribes the complete and exclusive set of items an
applicant is required to submit in order to apply for a new or renewal permit to
carry. The applicant must not be asked or required to submit, voluntarily or
involuntarily, any information, fees, or documentation beyond that specifically
required by this subdivision. This paragraph does not apply to alternate
training evidence accepted by the sheriff under subdivision 2a, paragraph (d).
(h) Forms for new and renewal applications must be available at all
sheriffs' offices and the commissioner of public safety must make the forms
available on the Internet.
(i) Application forms must clearly display a notice that a permit, if granted,
is void and must be immediately returned to the sheriff if the permit holder is
or becomes prohibited by law from possessing a firearm. The notice must list
the applicable state criminal offenses and civil categories that prohibit a person
from possessing a firearm.
(j) Upon receipt of an application packet and any required fee, the sheriff
must provide a signed receipt indicating the date of submission.
Subd. 4. Investigation. (a) The sheriff must check, by means of
electronic data transfer, criminal records, histories, and warrant information on
each applicant through the Minnesota Crime Information System and the

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 Criminal Code

National Instant Criminal Background Check System. The sheriff shall also
make a reasonable effort to check other available and relevant federal, state,
or local record-keeping systems. The sheriff must obtain commitment
information from the commissioner of human services as provided in section
245.041 or, if the information is reasonably available, as provided by a similar
statute from another state.
(b) When an application for a permit is filed under this section, the sheriff
must notify the chief of police, if any, of the municipality where the applicant
resides. The police chief may provide the sheriff with any information relevant
to the issuance of the permit.
(c) The sheriff must conduct a background check by means of electronic
data transfer on a permit holder through the Minnesota Crime Information
System and the National Instant Criminal Background Check System at least
yearly to ensure continuing eligibility. The sheriff may also conduct additional
background checks by means of electronic data transfer on a permit holder at
any time during the period that a permit is in effect.
Subd. 5. Repealed, 2003, c 28, a 2 s 35
Subd. 6. Granting and denial of permits. (a) The sheriff must, within
30 days after the date of receipt of the application packet described in
subdivision 3:
(1) issue the permit to carry;
(2) deny the application for a permit to carry solely on the grounds that the
applicant failed to qualify under the criteria described in subdivision 2,
paragraph (b); or
(3) deny the application on the grounds that there exists a substantial
likelihood that the applicant is a danger to self or the public if authorized to
carry a pistol under a permit.
(b) Failure of the sheriff to notify the applicant of the denial of the
application within 30 days after the date of receipt of the application packet
constitutes issuance of the permit to carry and the sheriff must promptly fulfill
the requirements under paragraph (c). To deny the application, the sheriff
must provide the applicant with written notification of and the specific factual
basis justifying the denial under paragraph (a), clause (2) or (3), including the
source of the factual basis. The sheriff must inform the applicant of the
applicant's right to submit, within 20 business days, any additional
documentation relating to the propriety of the denial. Upon receiving any
additional documentation, the sheriff must reconsider the denial and inform
the applicant within 15 business days of the result of the reconsideration. Any
denial after reconsideration must be in the same form and substance as the
original denial and must specifically address any continued deficiencies in light
of the additional documentation submitted by the applicant. The applicant must
be informed of the right to seek de novo review of the denial as provided in
subdivision 12.
(c) Upon issuing a permit to carry, the sheriff must provide a laminated
permit card to the applicant by first class mail unless personal delivery has
been made. Within five business days, the sheriff must submit the information
specified in subdivision 7, paragraph (a), to the commissioner of public safety
for inclusion solely in the database required under subdivision 15, paragraph
(a). The sheriff must transmit the information in a manner and format
prescribed by the commissioner.

485
 (d) Within five business days of learning that a permit to carry has been
suspended or revoked, the sheriff must submit information to the
commissioner of public safety regarding the suspension or revocation for
inclusion solely in the databases required or permitted under subdivision 15.
(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the
application process if a charge is pending against the applicant that, if resulting
in conviction, will prohibit the applicant from possessing a firearm.
Subd. 7. Permit card contents; expiration; renewal. (a) Permits to carry
must be on an official, standardized permit card adopted by the commissioner
of public safety, containing only the name, residence, and driver's license
number or state identification card number of the permit holder, if any.
(b) The permit card must also identify the issuing sheriff and state the
expiration date of the permit. The permit card must clearly display a notice that
a permit, if granted, is void and must be immediately returned to the sheriff if
the permit holder becomes prohibited by law from possessing a firearm.
(c) A permit to carry a pistol issued under this section expires five years
after the date of issue. It may be renewed in the same manner and under the
same criteria which the original permit was obtained, subject to the following
procedures:
(1) no earlier than 90 days prior to the expiration date on the permit, the
permit holder may renew the permit by submitting to the appropriate sheriff the
application packet described in subdivision 3 and a renewal processing fee
not to exceed the actual and reasonable direct cost of processing the
application or $75, whichever is less. Of this amount, $5 must be submitted to
the commissioner of public safety and deposited into the general fund. The
sheriff must process the renewal application in accordance with subdivisions
4 and 6; and
(2) a permit holder who submits a renewal application packet after the
expiration date of the permit, but within 30 days after expiration, may renew
the permit as provided in clause (1) by paying an additional late fee of $10.
(d) The renewal permit is effective beginning on the expiration date of the
prior permit to carry.
Subd. 7a. Change of address; loss or destruction of permit. (a) Within
30 days after changing permanent address, or within 30 days of having lost or
destroyed the permit card, the permit holder must notify the issuing sheriff of
the change, loss, or destruction. Failure to provide notification as required by
this subdivision is a petty misdemeanor. The fine for a first offense must not
exceed $25. Notwithstanding section 609.531, a firearm carried in violation of
this paragraph is not subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder may obtain
a replacement permit card by paying $10 to the sheriff. The request for a
replacement permit card must be made on an official, standardized application
adopted for this purpose under section 624.7151, and, except in the case of
an address change, must include a notarized statement that the permit card
has been lost or destroyed.
Subd. 8. Permit to carry voided. (a) The permit to carry is void at the
time that the holder becomes prohibited by law from possessing a firearm, in
which event the holder must return the permit card to the issuing sheriff within
five business days after the holder knows or should know that the holder is a
prohibited person. If the sheriff has knowledge that a permit is void under this

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paragraph, the sheriff must give notice to the permit holder in writing in the
same manner as a denial. Failure of the holder to return the permit within the
five days is a gross misdemeanor unless the court finds that the circumstances
or the physical or mental condition of the permit holder prevented the holder
from complying with the return requirement.
(b) When a permit holder is convicted of an offense that prohibits the
permit holder from possessing a firearm, the court must take possession of
the permit, if it is available, and send it to the issuing sheriff.
(c) The sheriff of the county where the application was submitted, or of the
county of the permit holder's current residence, may file a petition with the
district court therein, for an order revoking a permit to carry on the grounds set
forth in subdivision 6, paragraph (a), clause (3). An order shall be issued only
if the sheriff meets the burden of proof and criteria set forth in subdivision 12.
If the court denies the petition, the court must award the permit holder
reasonable costs and expenses, including attorney fees.
(d) A permit revocation must be promptly reported to the issuing sheriff.
Subd. 8a. Prosecutor's duty. Whenever a person is charged with an
offense that would, upon conviction, prohibit the person from possessing a
firearm, the prosecuting attorney must ascertain whether the person is a
permit holder under this section. If the person is a permit holder, the prosecutor
must notify the issuing sheriff that the person has been charged with a
prohibiting offense. The prosecutor must also notify the sheriff of the final
disposition of the case.
Subd. 9. Carrying pistols about one's premises or for purposes of
repair, target practice. A permit to carry is not required of a person:
(1) to keep or carry about the person's place of business, dwelling house,
premises or on land possessed by the person a pistol;
(2) to carry a pistol from a place of purchase to the person's dwelling
house or place of business, or from the person's dwelling house or place of
business to or from a place where repairing is done, to have the pistol repaired;
(3) to carry a pistol between the person's dwelling house and place of
business;
(4) to carry a pistol in the woods or fields or upon the waters of this state
for the purpose of hunting or of target shooting in a safe area; or
(5) to transport a pistol in a motor vehicle, snowmobile or boat if the pistol
is unloaded, contained in a closed and fastened case, gunbox, or securely tied
package.
Subd. 10. False representations. A person who gives or causes to be
given any false material information in applying for a permit to carry, knowing
or having reason to know the information is false, is guilty of a gross
misdemeanor.
Subd. 11. No limit on number of pistols. A person shall not be
restricted as to the number of pistols the person may carry.
Subd. 11a. Emergency issuance of permits. A sheriff may immediately
issue an emergency permit to a person if the sheriff determines that the person
is in an emergency situation that may constitute an immediate risk to the safety
of the person or someone residing in the person's household. A person
seeking an emergency permit must complete an application form and must
sign an affidavit describing the emergency situation. An emergency permit
applicant does not need to provide evidence of training. An emergency permit

487
is valid for 30 days, may not be renewed, and may be revoked without a
hearing. No fee may be charged for an emergency permit. An emergency
permit holder may seek a regular permit under subdivision 3 and is subject to
the other applicable provisions of this section.
Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved
by denial or revocation of a permit to carry may appeal by petition to the district
court having jurisdiction over the county or municipality where the application
was submitted. The petition must list the sheriff as the respondent. The district
court must hold a hearing at the earliest practicable date and in any event no
later than 60 days following the filing of the petition for review. The court may
not grant or deny any relief before the completion of the hearing. The record
of the hearing must be sealed. The matter must be heard de novo without a
jury.
(b) The court must issue written findings of fact and conclusions of law
regarding the issues submitted by the parties. The court must issue its writ of
mandamus directing that the permit be issued and order other appropriate
relief unless the sheriff establishes by clear and convincing evidence:
(1) that the applicant is disqualified under the criteria described in
subdivision 2, paragraph (b); or
(2) that there exists a substantial likelihood that the applicant is a danger
to self or the public if authorized to carry a pistol under a permit. Incidents of
alleged criminal misconduct that are not investigated and documented may
not be considered.
(c) If an applicant is denied a permit on the grounds that the applicant is
listed in the criminal gang investigative data system under section 299C.091,
the person may challenge the denial, after disclosure under court supervision
of the reason for that listing, based on grounds that the person:
(1) was erroneously identified as a person in the data system;
(2) was improperly included in the data system according to the criteria
outlined in section 299C.091, subdivision 2, paragraph (b); or
(3) has demonstrably withdrawn from the activities and associations that
led to inclusion in the data system.
(d) If the court grants a petition brought under paragraph (a), the court
must award the applicant or permit holder reasonable costs and expenses
including attorney fees.
Subd. 12a. Suspension as condition of release. The district court may
order suspension of the application process for a permit or suspend the permit
of a permit holder as a condition of release pursuant to the same criteria as
the surrender of firearms under section 629.715. A permit suspension must be
promptly reported to the issuing sheriff. If the permit holder has an out-of-state
permit recognized under subdivision 16, the court must promptly report the
suspension to the commissioner of public safety for inclusion solely in the
database under subdivision 15, paragraph (a).
Subd. 13. Exemptions; adult correctional facility officers. A permit to
carry a pistol is not required of any officer of a state adult correctional facility
when on guard duty or otherwise engaged in an assigned duty.
Subd. 14. Records. (a) A sheriff must not maintain records or data
collected, made, or held under this section concerning any applicant or permit
holder that are not necessary under this section to support a permit that is
outstanding or eligible for renewal under subdivision 7, paragraph (b).

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Notwithstanding section 138.163, sheriffs must completely purge all files and
databases by March 1 of each year to delete all information collected under
this section concerning all persons who are no longer current permit holders
or currently eligible to renew their permit.
(b) Paragraph (a) does not apply to records or data concerning an
applicant or permit holder who has had a permit denied or revoked under the
criteria established in subdivision 2, paragraph (b), clause (1), or subdivision
6, paragraph (a), clause (3), for a period of six years from the date of the denial
or revocation.
Subd. 15. Commissioner; contracts; database. (a) The commissioner
must maintain an automated database of persons authorized to carry pistols
under this section that is available 24 hours a day, seven days a week, only to
law enforcement agencies, including prosecutors carrying out their duties
under subdivision 8a, to verify the validity of a permit.
(b) The commissioner may maintain a separate automated database of
denied applications for permits to carry and of revoked permits that is available
only to sheriffs performing their duties under this section containing the date
of, the statutory basis for, and the initiating agency for any permit application
denied or permit revoked for a period of six years from the date of the denial
or revocation.
(c) The commissioner may contract with one or more vendors to
implement the commissioner's duties under this section.
Subd. 16. Recognition of permits from other states. (a) The
commissioner must annually establish and publish a list of other states that
have laws governing the issuance of permits to carry weapons that are not
similar to this section. The list must be available on the Internet. A person
holding a carry permit from a state not on the list may use the license or permit
in this state subject to the rights, privileges, and requirements of this section.
(b) Notwithstanding paragraph (a), no license or permit from another state
is valid in this state if the holder is or becomes prohibited by law from
possessing a firearm.
(c) Any sheriff or police chief may file a petition under subdivision 12
seeking an order suspending or revoking an out-of-state permit holder's
authority to carry a pistol in this state on the grounds set forth in subdivision 6,
paragraph (a), clause (3). An order shall only be issued if the petitioner meets
the burden of proof and criteria set forth in subdivision 12. If the court denies
the petition, the court must award the permit holder reasonable costs and
expenses including attorney fees. The petition may be filed in any county in
the state where a person holding a license or permit from another state can
be found.
(d) The commissioner of public safety must, when necessary, execute
reciprocity agreements regarding carry permits with jurisdictions whose carry
permits are recognized under paragraph (a).
Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about
his or her person or clothes under a permit or otherwise who remains at a
private establishment knowing that the operator of the establishment or its
agent has made a reasonable request that firearms not be brought into the
establishment may be ordered to leave the premises. A person who fails to
leave when so requested is guilty of a petty misdemeanor. The fine for a first

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offense must not exceed $25. Notwithstanding section 609.531, a firearm
carried in violation of this subdivision is not subject to forfeiture.
(b) As used in this subdivision, the terms in this paragraph have the
meanings given.
(1) "Reasonable request" means a request made under the following
circumstances:
(i) the requester has prominently posted a conspicuous sign at every
entrance to the establishment containing the following language: "(INDICATE
IDENTITY OF OPERATOR) BANS GUNS IN THESE PREMISES."; or
(ii) the requester or the requester’s agent personally informs the person
that guns are prohibited in the premises and demands compliance.
(2) "Prominently" means readily visible and within four feet laterally of the
entrance with the bottom of the sign at a height of four to six feet above the
floor.
(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2
inches in height against a bright contrasting background that is at least 187
square inches in area.
(4) "Private establishment" means a building, structure, or portion thereof
that is owned, leased, controlled, or operated by a nongovernmental entity for
a nongovernmental purpose.
(c) The owner or operator of a private establishment may not prohibit the
lawful carry or possession of firearms in a parking facility or parking area.
(d) The owner or operator of a private establishment may not prohibit the
lawful carry or possession of firearms by a peace officer, as defined in section
626.84 subdivision 1, paragraph (c), within the private establishment or deny
the officer access thereto, except when specifically authorized by statute. The
owner or operator of the private establishment may require the display of
official credentials issued by the agency that employs the peace officer prior
to granting the officer entry into the private establishment.
(e) This subdivision does not apply to private residences. The lawful
possessor of a private residence may prohibit firearms, and provide notice
thereof, in any lawful manner.
(f) A landlord may not restrict the lawful carry or possession of firearms by
tenants or their guests.
(g) Notwithstanding any inconsistent provisions in section 609.605, this
subdivision sets forth the exclusive criteria to notify a permit holder when
otherwise lawful firearm possession is not allowed in a private establishment
and sets forth the exclusive penalty for such activity.
(h) This subdivision does not apply to a security guard acting in the course
and scope of employment. The owner or operator of a private establishment
may require the display of official credentials issued by the company, which
must be licensed by the Private Detective and Protective Agent Services
Board, that employs the security guard and the guard’s permit card prior to
granting the guard entrance into the private establishment.
Subd. 18. Employers; public colleges and universities. (a) An
employer, whether public or private, may establish policies that restrict the
carry or possession of firearms by its employees while acting in the course
and scope of employment. Employment related civil sanctions may be invoked
for a violation.

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(b) A public postsecondary institution regulated under chapter 136F or

137 may establish policies that restrict the carry or possession of firearms by
its students while on the institution's property. Academic sanctions may be
invoked for a violation.
(c) Notwithstanding paragraphs (a) and (b), an employer or a
postsecondary institution may not prohibit the lawful carry or possession of
firearms in a parking facility or parking area.
Subd. 19. Immunity. Neither a sheriff, police chief, any employee of a
sheriff or police chief involved in the permit issuing process, nor any certified
instructor is liable for damages resulting or arising from acts with a firearm
committed by a permit holder, unless the person had actual knowledge at the
time the permit was issued or the instruction was given that the applicant was
prohibited by law from possessing a firearm.
Subd. 20. Monitoring. (a) By March 1, 2004, and each year thereafter,
the commissioner of public safety must report to the legislature on:
(1) the number of permits applied for, issued, suspended, revoked, and
denied, further categorized by the age, sex, and zip code of the applicant or
permit holder, since the previous submission, and in total;
(2) the number of permits currently valid;
(3) the specific reasons for each suspension, revocation, and denial and
the number of reversed, canceled, or corrected actions;
(4) without expressly identifying an applicant, the number of denials or
revocations based on the grounds under subdivision 6, paragraph (a), clause
(3), the factual basis for each denial or revocation, and the result of an appeal,
if any, including the court's findings of fact, conclusions of law, and order;
(5) the number of convictions and types of crimes committed since the
previous submission, and in total, by individuals with permits including data as
to whether a firearm lawfully carried solely by virtue of a permit was actually
used in furtherance of the crime;
(6) use of firearms by permit holders; and
(7) the status of the segregated funds reported to the commissioner under
subdivision 21.
(b) Sheriffs and police chiefs must supply the department of public safety
with the basic data the department requires to complete the report under
paragraph (a). Sheriffs and police chiefs may submit data classified as private
to the department of public safety under this paragraph.
(c) Copies of the report under paragraph (a) must be made available to
the public at the actual cost of duplication.
(d) Nothing contained in any provision of this section or any other law
requires or authorizes the registration, documentation, collection, or providing
of serial numbers or other data on firearms or on firearms' owners.
Subd. 21. Use of fees. Fees collected by sheriffs under this section and
not forwarded to the commissioner of public safety must be used only to pay
the direct costs of administering this section. Fee money may be used to pay
the costs of appeals of prevailing applicants or permit holders under
subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision
16, paragraph (c). Fee money may also be used to pay the reasonable costs
of the county attorney to represent the sheriff in proceedings under this
section. The revenues must be maintained in a segregated fund. Fund
balances must be carried over from year to year and do not revert to any other

491
fund. As part of the information supplied under subdivision 20, paragraph (b),
by January 31 of each year, a sheriff must report to the commissioner on the
sheriff's segregated fund for the preceding calendar year, including
information regarding:
(1) nature and amount of revenues;
(2) nature and amount of expenditures; and
(3) nature and amount of balances.
Subd. 22. Short title; construction; severability. This section may be
cited as the Minnesota Citizens' Personal Protection Act of 2003. The
legislature of the state of Minnesota recognizes and declares that the second
amendment of the United States Constitution guarantees the fundamental,
individual right to keep and bear arms. The provisions of this section are
declared to be necessary to accomplish compelling state interests in
regulation of those rights. The terms of this section must be construed
according to the compelling state interest test. The invalidation of any
provision of this section shall not invalidate any other provision.
Subd. 23. Exclusivity. This section sets forth the complete and exclusive
criteria and procedures for the issuance of permits to carry and establishes
their nature and scope. No sheriff, police chief, governmental unit, government
official, government employee, or other person or body acting under color of
law or governmental authority may change, modify, or supplement these
criteria or procedures, or limit the exercise of a permit to carry.
Subd. 24. Predatory offenders. Except when acting under the authority
of other law, it is a misdemeanor for a person required to register by section
243.166 to carry a pistol whether or not the carrier possesses a permit to carry
issued under this section. If an action prohibited by this subdivision is also a
violation of another law, the violation may be prosecuted under either law.

624.7141 TRANSFER TO INELIGIBLE PERSON.

Subdivision 1. Transfer prohibited. A person is guilty of a gross
misdemeanor who intentionally transfers a pistol or semiautomatic
military-style assault weapon to another if the person knows that the
transferee:
(1) has been denied a permit to carry under section 624.714 because the
transferee is not eligible under section 624.713 to possess a pistol or
semiautomatic military-style assault weapon;
(2) has been found ineligible to possess a pistol or semiautomatic
military-style assault weapon by a chief of police or sheriff as a result of an
application for a transferee permit or a transfer report; or
(3) is disqualified under section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon.
Subd. 2. Felony. A violation of this section is a felony if the transferee
possesses or uses the weapon within one year after the transfer in furtherance
of a felony crime of violence.
Subd. 3. Subsequent eligibility. This section is not applicable to a
transfer to a person who became eligible to possess a pistol or semiautomatic
military-style assault weapon under section 624.713 after the transfer
occurred but before the transferee used or possessed the weapon in
furtherance of any crime.

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624.7142 CARRYING WHILE UNDER INFLUENCE OF

ALCOHOL OR CONTROLLED SUBSTANCE.
Subdivision 1. Acts prohibited. A person may not carry a pistol on or
about the person's clothes or person in a public place:
(1) when the person is under the influence of a controlled substance, as
defined in section 152.01, subdivision 4;
(2) when the person is under the influence of a combination of any two or
more of the elements named in clauses (1) and (4);
(3) when the person is under the influence of an intoxicating substance as
defined in section 169A.03, subd. 11a, and the person knows or has reason
to know that the substance has the capacity to cause impairment;
(4) when the person is under the influence of alcohol;
(5) when the person's alcohol concentration is 0.10 or more; or
(6) when the person's alcohol concentration is less than 0.10, but more
than 0.04.
Subd. 2. Arrest. A peace officer may arrest a person for a violation under
subdivision 1 without a warrant upon probable cause, without regard to
whether the violation was committed in the officer's presence.
Subd. 3. Preliminary screening test. When an officer authorized under
subdivision 2 to make arrests has reason to believe that the person may be
violating or has violated subdivision 1, the officer may require the person to
provide a breath sample for a preliminary screening test using a device
approved by the commissioner of public safety for this purpose. The results of
the preliminary screening test must be used for the purpose of deciding
whether an arrest should be made under this section and whether to require
the chemical tests authorized in section 624.7143, but may not be used in any
court action except: (1) to prove that the test was properly required of a person
under section 624.7143, or (2) in a civil action arising out of the use of the
pistol. Following the preliminary screening test, additional tests may be
required of the person as provided under section 624.7143. A person who
refuses a breath sample is subject to the provisions of section 624.7143
unless, in compliance with that section, the person submits to a blood, breath,
or urine test to determine the presence of alcohol or a controlled substance.
Subd. 4. Evidence. In a prosecution for a violation of subdivision 1, the
admission of evidence of the amount of alcohol or a controlled substance in
the person's blood, breath, or urine is governed by section 169A.45.
Subd. 5. Suspension. A person who is charged with a violation under
this section may have their authority to carry a pistol in a public place on or
about the person's clothes or person under the provisions of a permit or
otherwise suspended by the court as a condition of release.
Subd. 6. Penalties. (a) A person who violates a prohibition under
subdivision 1, clauses (1) to (5), is guilty of a misdemeanor. A second or
subsequent violation is a gross misdemeanor.
(b) A person who violates subdivision 1, clause (6), is guilty of a
misdemeanor.
(c) In addition to the penalty imposed under paragraph (a), if a person
violates subdivision 1, clauses (1) to (5), the person's authority to carry a pistol
in a public place on or about the person's clothes or person under the
provisions of a permit or otherwise is revoked and the person may not reapply
for a period of one year from the date of conviction.

493
 (d) In addition to the penalty imposed under paragraph (b), if a person
violates subdivision 1, clause (6), the person's authority to carry a pistol in a
public place on or about the person's clothes or person under the provisions
of a permit or otherwise is suspended for 180 days from the date of conviction.
(e) Notwithstanding section 609.531, a firearm carried in violation of
subdivision 1, clause (6), is not subject to forfeiture.
Subd. 7. Reporting. Suspensions and revocations under this section
must be reported in the same manner as in section 624.714, subdivision 12a.

624.7143 CHEMICAL TESTING.

Subdivision 1. Mandatory chemical testing. (a) A person who carries
a pistol in a public place on or about the person's clothes or person is required,
subject to the provisions of this section, to take or submit to a test of the
person's blood, breath, or urine for the purpose of determining the presence
and amount of alcohol or a controlled substance. The test shall be
administered at the direction of an officer authorized to make arrests under
section 624.7142.
(b) Taking or submitting to a test of the person’s breath is mandatory when
requested by an officer who has probable cause to believe the person was
carrying a pistol in violation of section 624.7142, and one of the following
conditions exists:
(1) the person has been lawfully placed under arrest for violating section
624.7142;
(2) the person has been involved while carrying a firearm in a firearms-
related accident resulting in property damage, personal injury, or death;
(3) the person has refused to take the preliminary screening test provided
for in section 624.7142; or
(4) the screening test was administered and indicated an alcohol
concentration of 0.04 or more.
(c) Taking or submitting to a test of the person’s blood or urine is
mandatory when requested by a peace officer under the conditions described
in paragraph (b) if the officer is acting pursuant to a search warrant under
sections 626.04 to 626.18.
Subd. 1a. Blood or urine test; search warrant required.
Notwithstanding any contrary provision in this section, a blood or urine test
may be conducted only pursuant to a search warrant under sections 626.04
to 626.18, or judicially recognized exception to the search warrant
requirement. When, under the provisions of this section, a search warrant is
required for a blood or urine test, that requirement is met if a judicially
recognized exception to the search warrant is applicable.
Subd. 2. Penalties; refusal; revocation. (a) If a person refuses to take
a test required under subdivision 1, none must be given but the officer shall
report the refusal to the sheriff and to the authority having responsibility for
prosecution of misdemeanor offenses for the jurisdiction in which the incident
occurred that gave rise to the test demand and refusal. On certification by the
officer that probable cause existed to believe the person had been carrying a
pistol on or about the person's clothes or person in a public place while under
the influence of alcohol or a controlled substance, that in the case of a blood
or urine test the officer was acting pursuant to a search warrant, and that the
person refused to submit to testing, a court may impose a civil penalty of $500
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and may revoke the person's authority to carry a pistol in a public place on or
about the person's clothes or person under the provisions of a permit or
otherwise for a period of one year from the date of the refusal. The person
shall be accorded notice and an opportunity to be heard prior to imposition of
the civil penalty or the revocation.
(b) Revocations under this subdivision must be reported in the same
manner as in section 624.714, subdivision 12a.
Subd. 3. Rights and obligations. At the time a test is requested, the
person must be informed that:
(1) Minnesota law requires a person to take a test to determine if the
person is under the influence of alcohol or a controlled substance;
(2) if the person refuses to take the test, the person is subject to a civil
penalty of $500 and is prohibited for a period of one year from carrying a pistol
in a public place on or about the person's clothes or person, as provided under
subdivision 2; and
(3) that, in the case of a breath test, the person has the right to consult
with an attorney, but that this right is limited to the extent it cannot
unreasonably delay administration of the test or the person will be deemed to
have refused the test.
Subd. 4. Type of test. (a) A peace officer who directs a test pursuant to
this section may direct a breath test.
(b) A peace officer, acting pursuant to a search warrant, may direct a
blood or urine test as provided in the warrant. If the warrant authorizes either
a blood or urine test, the officer may direct whether the test is of blood or urine.
If the person to whom the test is directed objects to the test, the officer shall
offer the person an alternative test of either blood or urine.
(c) if there is probable cause to believe there is impairment by a controlled
substance that is not subject to testing by a breath test, a blood or urine test
may be required pursuant to a search warrant even after a breath test has
been administered.
(d) Action under this section may be taken against a person who refuses
to take a blood test only if an alternative test was offered and action may be
taken against a person who refuses to take a urine test only if an alternative
test was offered.
Subd. 5. Chemical tests. Chemical tests administered under this section
are governed by section 169A.51 in all aspects that are not inconsistent with
this section.

624.7144 ALLOWING AN INELIGIBLE PERSON ACCESS TO

FIREARMS.
A person who accepts a transferred firearm from an abusing party or
offender pursuant to section 260C.201, subdivision 3; section 518B.01,
subdivision 6; section 609.2242, subdivision 3; or section 609.749, subdivision
8, is guilty of a gross misdemeanor if the abusing party or offender obtains
possession of the transferred firearm while the person is prohibited from
possessing firearms. It is an affirmative defense to a violation of this section
that the third party who accepted the transferred firearm exercised due care
to ensure that the abusing party or offender could not access the firearm. The
third party shall not return the firearm to the abusing party or offender until the

495
prohibiting time period imposed under section 260C.201, subdivision 3;
section 518B.01, subdivision 6; section 609.2242, subdivision 3; or section
609.749, subdivision 8, has expired and the abusing party or offender presents
a current, valid transferee permit or passes a federal background check
through the National Instant Criminal Background Check System. The third
party may rely on a court order describing the length of the prohibiting time
period as conclusive evidence that the prohibiting time period has expired,
unless otherwise notified by the court.

624.715 EXEMPTIONS; ANTIQUES AND ORNAMENTS.

Sections 624.713 and 624.714 shall not apply to antique firearms which
are carried or possessed as curiosities or for their historical significance or
value, or to ammunition or primers, projectiles, or propellent powder designed
solely for use in an antique firearm.

624.7151 STANDARDIZED FORMS.

By December 1, 1992, the commissioner of public safety shall adopt
statewide standards governing the form and contents, as required by sections
624.7131 to 624.714, of every application for a pistol transferee permit, pistol
transferee permit, report of transfer of a pistol, application for a permit to carry
a pistol, and permit to carry a pistol that is granted or renewed on or after
January 1, 1993.
Every application for a pistol transferee permit, pistol transferee permit,
report of transfer of a pistol, application for a permit to carry a pistol, and permit
to carry a pistol that is received, granted, or renewed by a police chief or county
sheriff on or after January 1, 1993, must meet the statewide standards
adopted by the commissioner of public safety. Notwithstanding the previous
sentence, neither failure of the department of public safety to adopt standards
nor failure of the police chief or county sheriff to meet them shall delay the
timely processing of applications nor invalidate permits issued on other forms
meeting the requirements of sections 624.7131 to 624.714.

624.716 SATURDAY NIGHT SPECIALS PROHIBITED;

PENALTY.
Any federally licensed firearms dealer who sells a Saturday Night Special
Pistol, or any person who manufactures or assembles a Saturday Night
Special Pistol in whole or in part, shall be guilty of a gross misdemeanor.

624.7161 FIREARMS DEALERS; CERTAIN SECURITY

MEASURES REQUIRED.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Firearms dealer" means a dealer federally licensed to sell pistols who
operates a retail business in which pistols are sold from a permanent business
location other than the dealer's home.
(c) "Small firearms dealer" means a firearms dealer who operates a retail
business at which no more than 50 pistols are displayed for sale at any time.
(d) "Large firearms dealer" means a firearms dealer who operates a retail
business at which more than 50 pistols are displayed for sale at any time.

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Subd. 2. Security measures required. After business hours when the

dealer's place of business is unattended, a small firearms dealer shall place
all pistols that are located in the dealer's place of business in a locked safe or
locked steel gun cabinet, or on a locked, hardened steel rod or cable that runs
through the pistol's trigger guards. The safe, gun cabinet, rod, or cable must
be anchored to prevent its removal from the premises.
Subd. 3. Security standards. The commissioner of public safety shall
adopt standards specifying minimum security requirements for small and large
firearms dealers. By January 1, 1993, all firearms dealers shall comply with
the standards. The standards may provide for:
(1) alarm systems for small and large firearms dealers;
(2) site hardening and other necessary and effective security measures
required for large firearms dealers;
(3) a system of inspections, during normal business hours, by local law
enforcement officials for compliance with the standards; and
(4) other reasonable requirements necessary and effective to reduce the
risk of burglaries at firearms dealers' business establishments.

624.7162 FIREARMS DEALERS; SAFETY REQUIREMENTS.

Subdivision 1. Firearms dealers. For purposes of this section, a firearms
dealer is any person who is federally licensed to sell firearms from any
location.
Subd. 2. Notice required. In each business location where firearms are
sold by a firearms dealer, the dealer shall post in a conspicuous location the
following warning in block letters not less than one inch in height: "IT IS
UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM WHERE A CHILD
CAN OBTAIN ACCESS."
Subd. 3. Fine. A person who violates the provisions of this section is guilty
of a petty misdemeanor and may be fined not more than $200.

624.717 LOCAL REGULATION.

Sections 624.711 to 624.716 shall be construed to supersede municipal
or county regulation of the carrying or possessing of pistols and the regulation
of Saturday Night Special Pistols.

624.718 Repealed, 1985 c 144 s 4

624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES.

Subdivision 1. Definitions. For purposes of this section, the following
terms have the meanings given them.
(a) "BB" gun means a device that fires or ejects a shot measuring .18 of
an inch or less in diameter.
(b) "Carry" does not include:
(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where
firearms are repaired, bought, sold, traded, or displayed, or where hunting,
target shooting, or other lawful activity involving firearms occurs, or at funerals,
parades, or other lawful ceremonies;
(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded
and in a gun case expressly made to contain a firearm, if the case fully

497
encloses the firearm by being zipped, snapped, buckled, tied, or otherwise
fastened, and no portion of the firearm is exposed;
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit
under section 624.714;
(4) the carrying of an antique firearm as a curiosity or for its historical
significance or value; or
(5) the transporting of a BB gun, rifle, or shotgun in compliance with
section 97B.045.
(c) "Public place" means property owned, leased, or controlled by a
governmental unit and private property that is regularly and frequently open to
or made available for use by the public in sufficient numbers to give clear
notice of the property's current dedication to public use but does not include:
a person's dwelling house or premises, the place of business owned or
managed by the person, or land possessed by the person; a gun show, gun
shop, or hunting or target shooting facility; or the woods, fields, or waters of
this state where the person is present lawfully for the purpose of hunting or
target shooting or other lawful activity involving firearms.
Subd. 2. Penalties. Whoever carries a BB gun, rifle, or shotgun on or
about the person in a public place is guilty of a gross misdemeanor. A person
under the age of 21 who carries a semiautomatic military style assault weapon,
as defined in section 624.712, subdivision 7, on or about the person in a public
place is guilty of a felony.
Subd. 3. Exceptions. This section does not apply to officers, employees,
or agents of law enforcement agencies or the armed forces of this state or the
United States, or private detectives or protective agents, to the extent that
these persons are authorized by law to carry firearms and are acting in the
scope of their official duties.

624.719 POSSESSION OF FIREARM BY NONRESIDENT ALIEN.

A nonresident alien may not possess a firearm except to take game as a
nonresident under the game and fish laws. A firearm possessed in violation
of this section is contraband and may be confiscated.

OTHER PROVISIONS

624.7191 METAL-PENETRATING BULLETS.

Subdivision 1. Intent. This section is designed to give law enforcement
officers performing their official duties a reasonable degree of protection from
penetration of quality body armor. It is not the intent of this section to restrict
the availability of ammunition for personal defense, sporting, or hunting
purposes.
Subd. 2. Definition. For purposes of this section, "metal-penetrating
bullet" means a handgun bullet of 9 mm, .25, .32, .357, .38, .41, .44, or .451
caliber which is comprised of a hardened core equal to the minimum of the
maximum attainable hardness by solid red metal alloys which purposely
reduces the normal expansion or mushrooming of the bullet's shape upon
impact. "Metal-penetrating bullet" excludes any bullet composed of copper or
brass jacket with lead or lead alloy cores and any bullet composed of lead or
lead alloys.

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Subd. 3. Use or possession in commission of a crime. Any person

who uses or possesses a metal-penetrating bullet during the commission of a
crime is guilty of a felony and may be sentenced to imprisonment for not more
than three years or to payment of a fine of not more than $5,000, or both. Any
imprisonment sentence imposed under this subdivision shall run consecutively
to any sentence imposed for the other crime.
Subd. 4. Local regulation. This section shall be construed to supersede
any municipal or county regulation of ammunition, including its component
parts.

624.7192 AUTHORITY TO SEIZE AND CONFISCATE

FIREARMS.
(a) This section applies only during the effective period of a state of
emergency proclaimed by the governor relating to a public disorder or disaster.
(b) A peace officer who is acting in the lawful discharge of the officer's
official duties without a warrant may disarm a lawfully detained individual only
temporarily and only if the officer reasonably believes it is immediately
necessary for the protection of the officer or another individual. Before
releasing the individual, the peace officer must return to the individual any
seized firearms and ammunition, and components thereof, any firearms
accessories and ammunition reloading equipment and supplies, and any other
personal weapons taken from the individual, unless the officer: (1) takes the
individual into physical custody for engaging in criminal activity or for
observation pursuant to section 253B.05, subdivision 2; or (2) seizes the items
as evidence pursuant to an investigation for the commission of the crime for
which the individual was arrested.
(c) Notwithstanding any other law to the contrary, no governmental unit,
government official, government employee, peace officer, or other person or
body acting under governmental authority or color of law may undertake any
of the following actions with regard to any firearms and ammunition, and
components thereof; any firearms accessories and ammunition reloading
equipment and supplies; and any other personal weapons:
(1) prohibit, regulate, or curtail the otherwise lawful possession,
carrying, transportation, transfer, defensive use, or other lawful use of any of
these items;
(2) seize, commandeer, or confiscate any of these items in any manner,
except as expressly authorized in paragraph (b);
(3) suspend or revoke a valid permit issued pursuant to section
624.7131 or 624.714, except as expressly authorized in those sections; or
(4) close or limit the operating hours of businesses that lawfully sell or
service any of these items, unless such closing or limitation of hours applies
equally to all forms of commerce.
(d) No provision of law relating to a public disorder or disaster
emergency proclamation by the governor or any other governmental or quasi-
governmental official, including but not limited to emergency management
powers pursuant to chapters 9 and 12, shall be construed as authorizing the
governor or any other governmental or quasi-governmental official of this state
or any of its political subdivisions acting at the direction of the governor or
another official to act in violation of this paragraph or paragraphs (b) and (c).

499
 (e)(1) An individual aggrieved by a violation of this section may seek
relief in an action at law or in equity or in any other proper proceeding for
damages, injunctive relief, or other appropriate redress against a person who
commits or causes the commission of this violation. Venue must be in the
district court having jurisdiction over the county in which the aggrieved
individual resides or in which the violation occurred.
(2) In addition to any other remedy available at law or in equity, an
individual aggrieved by the seizure or confiscation of an item listed in
paragraph (c) in violation of this section may make application for the
immediate return of the items to the office of the clerk of court for the county
in which the items were seized and, except as provided in paragraph (b), the
court must order the immediate return of the items by the seizing or
confiscating governmental office and that office's employed officials.
(3) In an action or proceeding to enforce this section, the court must
award the prevailing plaintiff reasonable court costs and expenses, including
attorney fees.

624.72 INTERFERENCE WITH USE OF PUBLIC PROPERTY.

Subdivision 1. Right to petition. The state of Minnesota acknowledges
and reaffirms the right of its citizens to petition, peacefully and in an orderly
manner, all levels and units of government for the redress of grievances of
whatever nature, but also affirms that functions and proceedings of
governmental bodies and agencies must remain free from organized or
calculated confusion, disturbance or delay, and that to this end rules and
regulations for the governance of public property and business lawfully
promulgated must be observed.
Subd. 2. Public property. As used in this section, "public property"
means any building or other property owned by or in control of the state or any
of its political subdivisions or of the Board of Regents of the University of
Minnesota.
Subd. 3. Rules. For the purpose of protecting the free, proper and lawful
access to, egress from and proper use of public property, and for the purpose
of protecting the conduct of public business therein or thereon, free from
interference, or disruption or the threat thereof, the legislature or any public
officer, agency or board having the supervision thereof may to that end
promulgate reasonable rules and regulations.
Subd. 4. Rule violation. Violation of a rule or regulation which has been
published, posted, or announced in a reasonable manner at the time of such
conduct shall be prima facie evidence of intent to violate this section.
Subd. 5. Deny free access; penalty. Whoever, intentionally, or through
coercion, force or intimidation, denies or interferes with the lawful right of
another to the free access to or egress from or to use or remain in or upon
public property or in like manner interferes with the transaction of public
business therein or thereon may be sentenced to imprisonment for not more
than one year or a fine of not more than $3,000 or both.
Subd. 6. No affect chapter 179. Nothing contained herein shall in any
way affect the provisions of chapter 179.

624.73 Repealed, 1981 c 283 s 2

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624.731 TEAR GAS AND TEAR GAS COMPOUNDS;

ELECTRONIC INCAPACITATION DEVICES.
Subdivision 1. Definitions. For the purposes of this section:
(1) "authorized tear gas compound" means a lachrymator or any
substance composed of a mixture of a lachrymator including
chloroacetophenone, alpha-chloroacetophenone; phenylchloromethylketone,
orthochlorobenzalmalononitrile or oleoresin capsicum, commonly known as
tear gas; and
(2) "electronic incapacitation device" means a portable device which is
designed or intended by the manufacturer to be used, offensively or
defensively, to temporarily immobilize or incapacitate persons by means of
electric pulse or current, including devices operating by means of carbon
dioxide propellant. "Electronic incapacitation device" does not include cattle
prods, electric fences, or other electric devices when used in agricultural,
animal husbandry, or food production activities.
Subd. 2. Authorized possession; use. (a) A person may possess and
use an authorized tear gas compound in the exercise of reasonable force in
defense of the person or the person's property only if it is propelled from an
aerosol container, labeled with or accompanied by clearly written instructions
as to its use and the dangers involved in its use, and dated to indicate its
anticipated useful life.
(b) A person may possess and use an electronic incapacitation device in
the exercise of reasonable force in defense of the person or the person's
property only if the electronic incapacitation device is labeled with or
accompanied by clearly written instructions as to its use and the dangers
involved in its use.
Subd. 3. Prohibited possession; use. (a) No person under the age of
16 may possess or use an authorized tear gas compound except by written
permission of a parent or guardian, and no person under the age of 18 may
possess or use an electronic incapacitation device.
(b) No person prohibited from possessing a pistol pursuant to section
624.713, subdivision 1, clause (2), may possess or use an authorized tear gas
compound or an electronic incapacitation device.
(c) No person prohibited from possessing a pistol pursuant to section
624.713, subdivision 1, clauses (3) to (5), may possess or use an authorized
tear gas compound or an electronic incapacitation device, except that the
certificate or other proof required for possession of a handgun shall not apply.
(d) No person shall possess or use tear gas or a tear gas compound other
than an authorized tear gas compound.
Subd. 4. Prohibited use. (a) No person shall knowingly, or with reason
to know, use tear gas, a tear gas compound, an authorized tear gas
compound, or an electronic incapacitation device on or against a peace officer
who is in the performance of duties.
(b) No person shall use tear gas, a tear gas compound, an authorized tear
gas compound, or an electronic incapacitation device except as authorized in
subdivision 2 or 6.
(c) Tear gas, a tear gas compound, or an electronic incapacitation device
shall legally constitute a weapon when it is used in the commission of a crime.

501
 (d) No person shall use tear gas or a tear gas compound in an
immobilizing concentration against another person, except as otherwise
permitted by subdivision 2.
Subd. 5. Prohibited sale. Except as permitted by subdivision 6, no
person shall knowingly furnish or sell tear gas or a tear gas compound to
another person. No person shall knowingly furnish or sell an authorized tear
gas compound or an electronic incapacitation device to a person prohibited
from possessing it by subdivision 3. No person shall knowingly furnish or sell
an authorized tear gas compound or an electronic incapacitation device which
fails to meet the requirements of subdivision 2. No tear gas, tear gas
compound, authorized tear gas compound, or electronic incapacitation device
shall be sold or furnished on premises where 3.2 percent malt liquor as defined
in section 340A.101, subdivision 19, is sold on an on-sale basis or where
intoxicating liquor as defined in section 340A.101, subdivision 13, is sold on
an on-sale or off-sale basis. No person shall sell tear gas, a tear gas
compound, authorized tear gas compound, or electronic incapacitation device
in violation of local licensing requirements.
Subd. 6. Exceptions. Nothing in this section shall prohibit the possession
or use of by, or the sale or furnishing of, tear gas, a tear gas compound, an
authorized tear gas compound, or electronic incapacitation device to, a law
enforcement agency, peace officer, the national guard or reserves, or a
member of the national guard or reserves for use in their official duties, except
that counties and municipalities may impose licensing requirements on sellers
pursuant to subdivision 9.
Subd. 7. Exemption. Tear gas, tear gas compounds, and authorized tear
gas compounds shall not be classified as an obnoxious or harmful gas, fluid,
or substance under section 624.732.
Subd. 8. Penalties. (a) The following violations of this section shall be
considered a felony:
(1) The possession or use of tear gas, a tear gas compound, an
authorized tear gas compound, or an electronic incapacitation device by a
person specified in subdivision 3, paragraph (b).
(2) Knowingly selling or furnishing of tear gas, a tear gas compound, an
authorized tear gas compound, or an electronic incapacitation device to a
person specified in subdivision 3, paragraph (b).
(3) The use of an electronic incapacitation device as prohibited in
subdivision 4, paragraph (a).
(4) The use of tear gas or a tear gas compound as prohibited in
subdivision 4, paragraph (d).
(b) The following violation of this section shall be considered a gross
misdemeanor: (1) The prohibited use of tear gas, a tear gas compound, or an
authorized tear gas compound as specified in subdivision 4, paragraph (a); (2)
the use of an electronic incapacitation device except as allowed by subdivision
2 or 6.
(c) The following violations of this section shall be considered a
misdemeanor:
(1) The possession or use of tear gas, a tear gas compound, an
authorized tear gas compound, or an electronic incapacitation device which
fails to meet the requirements of subdivision 2 by any person except as
allowed by subdivision 6.

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(2) The possession or use of an authorized tear gas compound or an

electronic incapacitation device by a person specified in subdivision 3,
paragraph (a) or (c).
(3) The use of tear gas, a tear gas compound, an authorized tear gas
compound except as allowed by subdivision 2 or 6.
(4) Knowingly selling or furnishing an authorized tear gas compound or an
electronic incapacitation device to a person specified in subdivision 3,
paragraph (a) or (c).
(5) Selling or furnishing of tear gas or a tear gas compound other than an
authorized tear gas compound to any person except as allowed by subdivision
6.
(6) Selling or furnishing of an authorized tear gas compound or an
electronic incapacitation device on premises where intoxicating liquor is sold
on an on-sale or off-sale basis or where 3.2 percent malt liquor is sold on an
on-sale basis.
(7) Selling an authorized tear gas compound or an electronic
incapacitation device in violation of local licensing requirements.
Subd. 9. Local licensing. (a) For purposes of this section, "municipality"
means statutory or home rule charter city or town.
(b) There is hereby conferred upon the governing body of each county,
statutory or home rule charter city and town in the state the authority to license
the business of vendors of tear gas, tear gas compounds, authorized tear gas
compounds, or electronic incapacitation devices within their respective
jurisdictions, to impose a license fee therefor, to impose qualifications for
obtaining a license, the duration of licenses and to restrict the number of
licenses the governing body will issue.
(c) Every person desiring a license from a local governing body shall file
with the clerk of the municipality or the county board in the case of application
to a county, a verified written application in the form to be prescribed by the
local governing body.
(d) The local governing body may establish the grounds, notice and
hearing procedures for revocation of licenses issued pursuant to this section.
The local governing body may also establish penalties for sale of tear gas, tear
gas compounds, authorized tear gas compounds, or electronic incapacitation
devices in violation of its licensing requirements.
Subd. 10. Local regulation. This section shall be the exclusive
regulation of the possession, use, and furnishing of tear gas, tear gas
compounds, authorized tear gas compounds, and electronic incapacitation
devices in Minnesota. This section shall supersede and preempt all regulation
of the possession, use, and furnishing of tear gas, tear gas compounds,
authorized tear gas compounds, and electronic incapacitation devices by
political subdivisions.

624.732 INTENTIONAL RELEASE OF HARMFUL SUBSTANCE.

Subdivision 1. Misdemeanor. A person is guilty of a misdemeanor if the
person intentionally exposes another or the other's property to an obnoxious
or harmful gas, fluid, or substance, with intent to injure, molest, or coerce.
Subd. 2. Felony. A person who violates subdivision 1 and knows that
doing so creates a risk of death or bodily harm or serious property damage is

503
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.

624.74 MS2006 Renumbered 624.7191

CHAPT 626 PEACE OFFICERS; AUTHORITY; TRAINING;

REPORTING

SEARCH WARRANTS

626.11 ISSUANCE OF WARRANT.

(a) If the judge is satisfied of the existence of the grounds of the
application, or that there is probable cause to believe their existence, the judge
must issue a signed search warrant, naming the judge's judicial office, to a
peace officer inside or outside the officer's jurisdiction. The warrant shall direct
the officer to search the person or place named for the property or things
specified, and to retain the property or things in the officer's custody subject to
order of the court issuing the warrant.
(b) Nothing in sections 626.04 to 626.17 is meant to supersede another
law or statute that limits a peace officer's authority to obtain, serve, or execute
a search warrant.

626.14 TIME AND MANNER OF SERVICE; NO-KNOCK

SEARCH WARRANTS.
Subdivision 1. Time. A search warrant may be served only between the
hours of 7:00 a.m. and 8:00 p.m. unless the court determines on the basis of
facts stated in the affidavits that a nighttime search outside those hours is
necessary to prevent the loss, destruction, or removal of the objects of the
search or to protect the searchers or the public. The search warrant shall state
that it may be served only between the hours of 7:00 a.m. and 8 p.m. unless
a nighttime search outside those hours is authorized.
Subd. 2. Definition. For the purposes of this section, "no-knock search
warrant" means a search warrant authorizing peace officers to enter certain
premises without first knocking and announcing the officer's presence or
purpose prior to entering the premises. No-knock search warrants may also
be referred to as dynamic entry warrants.
Subd. 3. Requirements for a no-knock search warrant.
(a) No peace officer shall seek a no-knock search warrant unless the
warrant application includes at a minimum:
(1) all documentation and materials the issuing court requires;
(2) the information specified in paragraph (b); and
(3) a sworn affidavit as provided in section 626.08.
(b) Each warrant application seeking a no-knock entry must include, in
detailed terms, the following:
(1) why peace officers are seeking the use of a no-knock entry and are
unable to detain the suspect or search the residence through the use of a
knock and announce warrant;

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(2) what investigative activities have taken place to support issuance of

the no-knock search warrant, or why no investigative activity is needed or able
to be performed; and
(3) whether the warrant can be effectively executed during daylight hours
according to subdivision 1.
(c) The chief law enforcement officer or designee and another superior
officer must review and approve each warrant application. The agency must
document the approval of both reviewing parties.
(d) A no-knock search warrant shall not be issued when the only crime
alleged is possession of a controlled substance unless there is probable cause
to believe that the controlled substance is for other than personal use.
Subd. 4. Reporting requirements regarding no-knock search
warrants.
(a) Law enforcement agencies shall report to the commissioner of public
safety regarding the use of no-knock search warrants in a format prescribed
by the commissioner. An agency must report the use of a no-knock search
warrant to the commissioner no later than three months after the date the
warrant was issued. The report shall include the following information:
(1) the number of no-knock search warrants requested;
(2) the number of no-knock search warrants the court issued;
(3) the number of no-knock search warrants executed;
(4) the number of injuries and fatalities suffered, if any, by peace officers
and by civilians in the execution of no-knock search warrants; and
(5) any other information the commissioner requests.
(b) The commissioner of public safety shall report the information provided
under paragraph (a) annually to the chairs and ranking minority members of
the legislative committees with jurisdiction over public safety.

REPORTING

626.557 REPORTING OF MALTREATMENT OF VULNERABLE

ADULTS. AMENDED

Subdivision 1. Public policy. The legislature declares that the public

policy of this state is to protect adults who, because of physical or mental
disability or dependency on institutional services, are particularly vulnerable to
maltreatment; to assist in providing safe environments for vulnerable adults;
and to provide safe institutional or residential services, community-based
services, or living environments for vulnerable adults who have been
maltreated.
In addition, it is the policy of this state to require the reporting of suspected
maltreatment of vulnerable adults, to provide for the voluntary reporting of
maltreatment of vulnerable adults, to require the investigation of the reports,
and to provide protective and counseling services in appropriate cases.
Subd. 2. Repealed, 1995 c 229 art 1 s 24
Subd. 3. Timing of report. (a) A mandated reporter who has reason to
believe that a vulnerable adult is being or has been maltreated, or who has
knowledge that a vulnerable adult has sustained a physical injury which is not
reasonably explained shall immediately report the information to the common

505
entry point. If an individual is a vulnerable adult solely because the individual
is admitted to a facility, a mandated reporter is not required to report suspected
maltreatment of the individual that occurred prior to admission, unless:
(1) the individual was admitted to the facility from another facility and the
reporter has reason to believe the vulnerable adult was maltreated in the
previous facility; or
(2) the reporter knows or has reason to believe that the individual is a
vulnerable adult as defined in section 626.5572, subdivision 21, paragraph (a)
clause (4).
(b) A person not required to report under the provisions of this section may
voluntarily report as described above.
(c) Nothing in this section requires a report of known or suspected
maltreatment, if the reporter knows or has reason to know that a report has
been made to the common entry point.
(d) Nothing in this section shall preclude a reporter from also reporting to
a law enforcement agency.
(e) A mandated reporter who knows or has reason to believe that an error
under section 626.5572, subdivision 17, paragraph (c), clause (5), occurred
must make a report under this subdivision. If the reporter or a facility, at any
time believes that an investigation by a lead agency will determine or should
determine that the reported error was not neglect according to the criteria
under section 626.5572, subdivision 17, paragraph (c), clause (5), the reporter
or facility may provide to the common entry point or directly to the lead agency
information explaining how the event meets the criteria under section
626.5572, subdivision 17, paragraph (c), clause (5). The lead agency shall
consider this information when making an initial disposition of the report under
subdivision 9c.
Subd. 3a. Report not required. The following events are not required to
be reported under this section:
(1) A circumstance where federal law specifically prohibits a person from
disclosing patient identifying information in connection with a report of
suspected maltreatment, unless the vulnerable adult, or the vulnerable adult's
guardian, conservator, or legal representative, has consented to disclosure in
a manner which conforms to federal requirements. Facilities whose patients
or residents are covered by such a federal law shall seek consent to the
disclosure of suspected maltreatment from each patient or resident, or a
guardian, conservator, or legal representative, upon the patient's or resident's
admission to the facility. Persons who are prohibited by federal law from
reporting an incident of suspected maltreatment shall immediately seek
consent to make a report.
(2) Verbal or physical aggression occurring between patients, residents,
or clients of a facility, or self-abusive behavior by these persons does not
constitute abuse unless the behavior causes serious harm. The operator of
the facility or a designee shall record incidents of aggression and self-abusive
behavior to facilitate review by licensing agencies and county and local welfare
agencies.
(3) Accidents as defined in section 626.5572, subdivision 3.
(4) Events occurring in a facility that result from an individual's error in the
provision of therapeutic conduct to a vulnerable adult, as provided in section
626.5572, subdivision 17, paragraph (c), clause (4).

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(5) Nothing in this section shall be construed to require a report of financial

exploitation, as defined in section 626.5572, subdivision 9, solely on the basis
of the transfer of money or property by gift or as compensation for services
rendered.
Subd. 4. Reporting. (a) Except as provided in paragraph (b), a mandated
reporter shall immediately make a report to the common entry point. To the
extent possible, the report must be of sufficient content to identify the
vulnerable adult, the caregiver, the nature and extent of the suspected
maltreatment, any evidence of previous maltreatment, the name and address
of the reporter, the time, date, and location of the incident, and any other
information that the reporter believes might be helpful in investigating the
suspected maltreatment. A mandated reporter may disclose not public data,
as defined in section 13.02, and medical records under sections 144.291 to
144.298, to the extent necessary to comply with this subdivision.
(b) A boarding care home that is licensed under sections 144.50 to 144.58
and certified under Title 19 of the Social Security Act, a nursing home that is
licensed under section 144A.02 and certified under Title 18 or Title 19 of the
Social Security Act, or a hospital that is licensed under sections 144.50 to
144.58 and has swing beds certified under Code of Federal Regulations, title
42, section 482.66, may submit a report electronically to the common entry
point instead of submitting an oral report. The report may be a duplicate of
the initial report the facility submits electronically to the commissioner of health
to comply with the reporting requirements under Code of Federal Regulations,
title 42, section 483.12. The commissioner of health may modify these
reporting requirements to include items required under paragraph (a) that are
not currently included in the electronic reporting form.
Subd. 4a. Internal reporting of maltreatment. (a) Each facility shall
establish and enforce an ongoing written procedure in compliance with
applicable licensing rules to ensure that all cases of suspected maltreatment
are reported. If a facility has an internal reporting procedure, a mandated
reporter may meet the reporting requirements of this section by reporting
internally. However, the facility remains responsible for complying with the
immediate reporting requirements of this section.
(b) A facility with an internal reporting procedure that receives an internal
report by a mandated reporter shall give the mandated reporter a written notice
stating whether the facility has reported the incident to the common entry point.
The written notice must be provided within two working days and in a manner
that protects the confidentiality of the reporter.
(c) The written response to the mandated reporter shall note that if the
mandated reporter is not satisfied with the action taken by the facility on
whether to report the incident to the common entry point, then the mandated
reporter may report externally.
(d) A facility may not prohibit a mandated reporter from reporting
externally, and a facility is prohibited from retaliating against a mandated
reporter who reports an incident to the common entry point in good faith. The
written notice by the facility must inform the mandated reporter of this
protection from retaliatory measures by the facility against the mandated
reporter for reporting externally.
Subd. 5. Immunity; protection for reporters. (a) A person who makes
a good faith report is immune from any civil or criminal liability that might

507
otherwise result from making the report, or from participating in the
investigation, or for failure to comply fully with the reporting obligation under
section 609.234 or 626.557, subdivision 7.
(b) A person employed by a lead investigative agency or a state licensing
agency who is conducting or supervising an investigation or enforcing the law
in compliance with this section or any related rule or provision of law is immune
from any civil or criminal liability that might otherwise result from the person's
actions, if the person is acting in good faith and exercising due care.
(c) A person who knows or has reason to know a report has been made
to a common entry point and who in good faith participates in an investigation
of alleged maltreatment is immune from civil or criminal liability that otherwise
might result from making the report, or from failure to comply with the reporting
obligation or from participating in the investigation.
(d) The identity of any reporter may not be disclosed, except as provided
in subdivision 12b.
(e) For purposes of this subdivision, “person” includes a natural person or
any form of a business or legal entity.
Subd. 5a. Financial institution cooperation. Financial institutions shall
cooperate with a lead investigative agency, law enforcement, or prosecuting
authority that is investigating maltreatment of a vulnerable adult and comply
with reasonable requests for the production of financial records as authorized
under section 13A.02, subdivision 1. Financial institutions are immune from
any civil or criminal liability that might otherwise result from complying with this
subdivision.
Subd. 6. Falsified reports. A person or facility who intentionally makes a
false report under the provisions of this section shall be liable in a civil suit for
any actual damages suffered by the reported facility, person or persons and
for punitive damages up to $10,000 and attorney's fees.
Subd. 7. Failure to report. A mandated reporter who negligently or
intentionally fails to report is liable for damages caused by the failure. Nothing
in this subdivision imposes vicarious liability for the acts or omissions of others.
Subd. 8. Evidence not privileged. No evidence regarding the
maltreatment of the vulnerable adult shall be excluded in any proceeding
arising out of the alleged maltreatment on the grounds of lack of competency
under section 595.02.
Subd. 9. Common entry point designation. (a) The commissioner of
human services shall establish a common entry point. The common entry
point is the unit responsible for receiving the report of suspected maltreatment
under this section.
(b) The common entry point must be available 24 hours per day to take
calls from reporters of suspected maltreatment.
The common entry point shall use a standard intake form that includes:
(1) the time and date of the report;
(2) the name, relationship, and identifying and contact information for the
person believed to be a vulnerable adult and the individual or facility alleged
responsible for maltreatment;
(3) the name, relationship, and contact information for the:
(i) reporter;

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(ii) initial reporter, witnesses, and persons who may have knowledge
about the maltreatment; and
(iii) legal surrogate and persons who may provide support to the
vulnerable adult;
(4) the basis of vulnerability for the vulnerable adult;
(5) the time, date, and location of the incident;
(6) the immediate safety risk to the vulnerable adult;
(7) a description of the suspected maltreatment;
(8) the impact of the suspected maltreatment on the vulnerable adult;
(9) whether a facility was involved and, if so, which agency licenses the
facility;
(10) the actions taken to protect the vulnerable adult;
(11) the required notifications and referrals made by the common entry
point; and
(12) whether the reporter wishes to receive notification of the disposition.
(c) The common entry point is not required to complete each item on the
form prior to dispatching the report to the appropriate lead investigative
agency.
(d) The common entry point shall immediately report to a law enforcement
agency any incident in which there is reason to believe a crime has been
committed.
(e) If a report is initially made to a law enforcement agency or a lead
investigative agency, those agencies shall take the report on the appropriate
common entry point intake forms and immediately forward a copy to the
common entry point.
(f) The common entry point staff must receive training on how to screen
and dispatch reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized
database for the collection of common entry point data, lead investigative
agency data including maltreatment report disposition, and appeals data. The
common entry point shall have access to the centralized database and must
log the reports into the database.
(h) When appropriate, the common entry point staff must refer calls that
do not allege the abuse, neglect, or exploitation of a vulnerable adult to other
organizations that might resolve the reporter’s concerns.
(i) A common entry point must be operated in a manner that enables the
commissioner of human services to:
(1) track critical steps in the reporting, evaluation, referral, response,
disposition, and investigative process to ensure compliance with all
requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports
for monitoring patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of
preventative and remedial services for vulnerable adults who have been
subject to abuse, neglect, or exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and
effectiveness of the common entry point; and
(5) track and manage consumer complaints related to the common entry
point.

509
 (j) The commissioners of human services and health shall collaborate on
the creation of a system for referring reports to the lead investigative agencies.
This system shall enable the commissioner of human services to track critical
steps in the reporting, evaluation, referral, response, disposition, investigation,
notification, determination, and appeal processes.
Subd. 9a. Evaluation and referral of reports made to common entry
point. (a) The common entry point must screen the reports of alleged or
suspected maltreatment for immediate risk and make all necessary referrals
as follows:
(1) if the common entry point determines that there is an immediate need
for emergency adult protective services, the common entry point agency shall
immediately notify the appropriate county agency;
(2) if the report contains suspected criminal activity against a vulnerable
adult, the common entry point shall immediately notify the appropriate law
enforcement agency;
(3) The common entry point shall refer all reports of alleged or suspected
maltreatment to the appropriate lead investigative agency as soon as possible,
but in any event no longer than two working days;
(4) if the report contains information about a suspicious death, the
common entry point shall immediately notify the appropriate law enforcement
agencies, the local medical examiner, and the ombudsman for mental health
and developmental disabilities established under section 245.92. Law
enforcement agencies shall coordinate with the local medical examiner and
the ombudsman as provided by law; and
(5) for reports involving multiple locations or changing circumstances, the
common entry point shall determine the county agency responsible for
emergency adult protective services and the county responsible as the lead
investigative agency, using referral guidelines established by the
commissioner.
(b) If the lead investigative agency receiving a report believes the report
was referred by the common entry point in error, the lead investigative agency
shall immediately notify the common entry point of the error, including the
basis for the lead investigative agency’s belief that the referral was made in
error. The common entry point shall review the information submitted by the
lead investigative agency and immediately refer the report to the appropriate
lead investigative agency.
Subd. 9b. Response to reports. Law enforcement is the primary agency
to conduct investigations of any incident in which there is reason to believe a
crime has been committed. Law enforcement shall initiate a response
immediately. If the common entry point notified a county agency for
emergency adult protective services, law enforcement shall cooperate with
that county agency when both agencies are involved and shall exchange data
to the extent authorized in subdivision 12b, paragraph (g). County adult
protection shall initiate a response immediately. Each lead investigative
agency shall complete the investigative process for reports within its
jurisdiction. A lead investigative agency, county, adult protective agency,
licensed facility, or law enforcement agency shall cooperate with other
agencies in the provision of protective services, coordinating its investigations,
and assisting another agency within the limits of its resources and expertise
and shall exchange data to the extent authorized in subdivision 12b,

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paragraph (g). The lead investigative agency shall obtain the results of any
investigation conducted by law enforcement officials. The lead investigative
agency has the right to enter facilities and inspect and copy records as part of
investigations. The lead investigative agency has access to not public data, as
defined in section 13.02, and medical records under section 144.291 to
144.298, that are maintained by facilities to the extent necessary to conduct
its investigation. Each lead investigative agency shall develop guidelines for
prioritizing reports for investigation. When a county acts as a lead
investigative agency, the county shall make guidelines available to the public
regarding which reports the county prioritizes for investigation and adult
protective services.
Subd. 9c. Lead investigative agency; notifications, dispositions,
determinations.
(a) Upon request of the reporter, the lead investigative agency shall notify
the reporter that it has received the report, and provide information on the
initial disposition of the report within five business days of receipt of the report,
provided that the notification will not endanger the vulnerable adult or hamper
the investigation.
(b) In making the initial disposition of a report alleging maltreatment of a
vulnerable adult, the lead investigative agency may consider previous reports
of suspected maltreatment and may request and consider public information,
records maintained by a lead investigative agency or licensed providers, and
information from any person who may have knowledge regarding the alleged
maltreatment and the basis for the adult's vulnerability.
(c) When the county social service agency does not accept a report for
adult protective services or investigation, the agency may offer assistance to
the reporter or the person who was the subject of the report.
(d) While investigating reports and providing adult protective services, the
lead investigative agency may coordinate with entities identified under
subdivision 12b, paragraph (g), and may coordinate with support persons to
safeguard the welfare of the vulnerable adult and prevent further maltreatment
of the vulnerable adult.
(e) Upon conclusion of every investigation it conducts, the lead
investigative agency shall make a final disposition as defined in section
626.5572, subdivision 8.
(f) When determining whether the facility or individual is the responsible
party for substantiated maltreatment or whether both the facility and the
individual are responsible for substantiated maltreatment, the lead
investigative agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were in
accordance with, and followed the terms of, an erroneous physician order,
prescription, resident care plan, or directive. This is not a mitigating factor
when the facility or caregiver is responsible for the issuance of the erroneous
order, prescription, plan, or directive or knows or should have known of the
errors and took no reasonable measures to correct the defect before
administering care;
(2) the comparative responsibility between the facility, other caregivers,
and requirements placed upon the employee, including but not limited to, the
facility's compliance with related regulatory standards and factors such as the
adequacy of facility policies and procedures, the adequacy of facility training,

511
the adequacy of an individual's participation in the training, the adequacy of
caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and
(3) whether the facility or individual followed professional standards in
exercising professional judgment.
(g) When substantiated maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the
individual and the facility must be determined responsible for the
maltreatment, and both the background study disqualification standards under
section 245C.15, subdivision 4, and the licensing actions under section
245A.06 or 245A.07 apply.
(h) The lead investigative agency shall complete its final disposition within
60 calendar days. If the lead investigative agency is unable to complete its
final disposition within 60 calendar days, the lead investigative agency shall
notify the following persons provided that the notification will not endanger the
vulnerable adult or hamper the investigation: (1) the vulnerable adult or the
vulnerable adult's guardian or health care agent, when known, if the lead
investigative agency knows them to be aware of the investigation; and (2) the
facility, where applicable. The notice shall contain the reason for the delay and
the projected completion date. If the lead investigative agency is unable to
complete its final disposition by a subsequent projected completion date, the
lead investigative agency shall again notify the vulnerable adult or the
vulnerable adult's guardian or health care agent, when known if the lead
investigative agency knows them to be aware of the investigation, and the
facility, where applicable, of the reason for the delay and the revised projected
completion date provided that the notification will not endanger the vulnerable
adult or hamper the investigation. The lead investigative agency must notify
the health care agent of the vulnerable adult only if the health care agent’s
authority to make health care decisions for the vulnerable adult is currently
effective under section 145C.06 and not suspended under section 524.5-310
and the investigation relates to a duty assigned to the health care agent by the
principal. A lead investigative agency's inability to complete the final
disposition within 60 calendar days or by any projected completion date does
not invalidate the final disposition.
(i) When the lead investigative agency is the Department of Health or the
Department of Human Services, the lead investigative agency shall provide a
copy of the public investigation memorandum under subdivision 12b,
paragraph (b), clause (1), within ten calendar days of completing the final
disposition to the following persons:
(1) the vulnerable adult, or the vulnerable adult's guardian or health care
agent, if known, unless the lead investigative agency knows that the
notification would endanger the well-being of the vulnerable adult;
(2) the reporter, if the reporter requested notification when making the
report, provided this notification would not endanger the well-being of the
vulnerable adult;
(3) the person or facility alleged responsible for maltreatment, if known;
(4) the facility; and
(5) the ombudsman for long term care, or the ombudsman for mental
health and developmental disabilities, as appropriate.

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(j) When the lead investigative agency is a county agency, within ten
calendar days of completing the final disposition, the lead investigative agency
shall provide notification of the final disposition to the following persons:
(1) the vulnerable adult, or the vulnerable adult's guardian or health care
agent, if known, when the allegation is applicable to the authority of the
vulnerable adult's guardian or health care agent, unless the agency knows that
the notification would endanger the well-being of the vulnerable adult;
(2) the individual determined responsible for maltreatment, if known; and
(3) when the alleged incident involves a personal care assistant or
provider agency, the personal care provider organization under section
256B.0659. Upon implementation of Community First Services and Supports
(CFSS), this notification requirement applies to the CFSS support worker or
CFSS agency under section 256B.85.
(k) If, as a result of a reconsideration, review, or hearing, the lead
investigative agency changes the final disposition, or if a final disposition is
changed on appeal, the lead investigative agency shall notify the parties
specified in paragraph (k).
(l) The lead investigative agency shall notify the vulnerable adult who is
the subject of the report or the vulnerable adult's guardian or health care agent,
if known, and any person or facility determined to have maltreated a vulnerable
adult, of their appeal or review rights under this section or section 256.021.
(m) The lead investigative agency shall routinely provide investigation
memoranda for substantiated reports to the appropriate licensing boards.
These reports must include the names of substantiated perpetrators. The lead
investigative agency may not provide investigative memoranda for
inconclusive or false reports to the appropriate licensing boards unless the
lead investigating agency's investigation gives reason to believe that there
may have been a violation of the applicable professional practice laws. If the
investigation memorandum is provided to a licensing board, the subject of the
investigation memorandum shall be notified and receive a summary of the
investigative findings.
(n) In order to avoid duplication, licensing boards shall consider the
findings of the lead investigative agency in their investigations if they choose
to investigate. This does not preclude licensing boards from considering other
information.
(o) The lead investigative agency must provide to the commissioner of
human services its final dispositions, including the names of all substantiated
perpetrators. The commissioner of human services shall establish records to
retain the names of substantiated perpetrators.
Subd. 9d. Administrative reconsideration; review panel. (a) Except as
provided under paragraph (e), any individual or facility which a lead
investigative agency determines has maltreated a vulnerable adult, or the
vulnerable adult or an interested person acting on behalf of the vulnerable
adult, regardless of the lead investigative agency's determination, who
contests the lead investigative agency's final disposition of an allegation of
maltreatment, may request the lead investigative agency to reconsider its final
disposition. The request for reconsideration must be submitted in writing to the
lead investigative agency within 15 calendar days after receipt of notice of final
disposition or, if the request is made by an interested person who is not entitled
to notice, within 15 days after receipt of the notice by the vulnerable adult or

513
the vulnerable adult's guardian or health care agent. If mailed, the request for
reconsideration must be postmarked and sent to the lead investigative agency
within 15 calendar days of the individual’s or facility’s receipt of the final
disposition. If the request for reconsideration is made by personal service, it
must be received by the lead investigative agency within 15 calendar days of
the individual’s or facility’s receipt of the final disposition. An individual who
was determined to have maltreated a vulnerable adult under this section and
who was disqualified on the basis of serious or recurring maltreatment under
sections 245C.14 and 245C.15, may request reconsideration of the
maltreatment determination and the disqualification. The request for
reconsideration of the maltreatment determination and the disqualification
must be submitted within 30 calendar days of the individual's receipt of the
notice of disqualification under sections 245C.16 and 245C.17. If mailed, the
request for reconsideration of the maltreatment determination and the
disqualification must be postmarked and sent to the lead investigative agency
within 30 calendar days of the individual’s receipt of the notice of
disqualification. If the request for reconsideration is made by personal service,
it must be received by the lead investigative agency within 30 calendar days
after the individual’s receipt of the notice of disqualification.
(b) Except as provided under paragraphs (e) and (f), if the lead
investigative agency denies the request or fails to act upon the request within
15 calendar days after receiving the request for reconsideration, the person or
facility entitled to a fair hearing under section 256.045, may submit to the
commissioner of human services a written request for a hearing under that
statute. The vulnerable adult, or an interested person acting on behalf of the
vulnerable adult, may request a review by the Vulnerable Adult Maltreatment
Review panel under section 256.021 if the lead investigative agency denies
the request or fails to act upon the request, or if the vulnerable adult or
interested person contests a reconsidered disposition. The Vulnerable Adult
Maltreatment Review Panel shall not conduct a review if the interested person
making the request on behalf of the vulnerable adult is also the individual or
facility alleged responsible for the maltreatment of the vulnerable adult. The
lead investigative agency shall notify persons who request reconsideration of
their rights under this paragraph. The request must be submitted in writing to
the review panel and a copy sent to the lead investigative agency within 30
calendar days of receipt of notice of a denial of a request for reconsideration
or of a reconsidered disposition. The request must specifically identify the
aspects of the lead investigative agency determination with which the person
is dissatisfied.
(c) If, as a result of a reconsideration or review, the lead investigative
agency changes the final disposition, it shall notify the parties specified in
subdivision 9c, paragraph (i).
(d) For purposes of this subdivision, "interested person acting on behalf
of the vulnerable adult" means a person designated in writing by the vulnerable
adult to act on behalf of the vulnerable adult, or a legal guardian or conservator
or other legal representative, a proxy or health care agent appointed under
chapter 145B or 145C, or an individual who is related to the vulnerable adult,
as defined in section 245A.02, subdivision 13.
(e) If an individual was disqualified under sections 245C.14 and 245C.15,
on the basis of a determination of maltreatment, which was serious or

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recurring, and the individual has requested reconsideration of the

maltreatment determination under paragraph (a) and reconsideration of the
disqualification under sections 245C.21 to 245C.27, reconsideration of the
maltreatment determination and requested reconsideration of the
disqualification shall be consolidated into a single reconsideration. If
reconsideration of the maltreatment determination is denied and the individual
remains disqualified following a reconsideration decision, the individual my
request a fair hearing under section 256.045. If an individual requests a fair
hearing on the maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment determination and the
disqualification.
(f) If a maltreatment determination or a disqualification based on serious
or recurring maltreatment is the basis for a denial of a license under section
245A.05 or a licensing sanction under section 245A.07, the license holder has
the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. As provided for under section 245A.08, the
scope of the contested case hearing must include the maltreatment
determination, disqualification, and licensing sanction or denial of a license. In
such cases, a fair hearing must not be conducted under section 256.045.
Except for family child care and child foster care, reconsideration of a
maltreatment determination under this subdivision, and reconsideration of a
disqualification under section 245C.22, must not be conducted when:
(1) a denial of a license under section 245A.05, or a licensing sanction
under section 245A.07, is based on a determination that the license holder is
responsible for maltreatment or the disqualification of a license holder based
on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time
as the maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or
disqualification, and denial of a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the
maltreatment determination or disqualification, but does not appeal the denial
of a license or a licensing sanction, reconsideration of the maltreatment
determination shall be conducted under sections 260E.33 and 626.557,
subdivision 9d, and reconsideration of the disqualification shall be conducted
under section 245C.22. In such cases, a fair hearing shall also be conducted
as provided under sections 245C.27, 260E.33, and 626.557, subdivision 9d.
If the disqualified subject is an individual other than the license holder and
upon whom a background study must be conducted under chapter 245C, the
hearings of all parties may be consolidated into a single contested case
hearing upon consent of all parties and the administrative law judge.
(g) Until August 1, 2002, an individual or facility that was determined by
the commissioner of human services or the commissioner of health to be
responsible for neglect under section 626.5572, subdivision 17, after October
1, 1995, and before August 1, 2001, that believes that the finding of neglect
does not meet an amended definition of neglect may request a reconsideration
of the determination of neglect. The commissioner of human services or the
commissioner of health shall mail a notice to the last known address of
individuals who are eligible to seek this reconsideration. The request for
reconsideration must state how the established findings no longer meet the

515
elements of the definition of neglect. The commissioner shall review the
request for reconsideration and make a determination within 15 calendar days.
The commissioner's decision on this reconsideration is the final agency action.
(1) For purposes of compliance with the data destruction schedule under
subdivision 12b, paragraph (d), when a finding of substantiated maltreatment
has been changed as a result of a reconsideration under this paragraph,
the date of the original finding of a substantiated maltreatment must be used
to calculate the destruction date.
(2) For purposes of any background studies under chapter 245C, when a
determination of substantiated maltreatment has been changed as a result of
a reconsideration under this paragraph, any prior disqualification of the
individual under section 245A.04 that was based on this determination of
maltreatment shall be rescinded, and for future background studies under
chapter 245C the commissioner must not use the previous determination of
substantiated maltreatment as a basis for disqualification or as a basis for
referring the individual's maltreatment history to a health-related licensing
board under section 245C.31.
Subd. 9e. Education requirements. (a) The commissioners of health,
human services, and public safety shall cooperate in the development of a
joint program for education of lead agency investigators in the appropriate
techniques for investigation of complaints of maltreatment. This program must
be developed by July 1, 1996. The program must include but need not be
limited to the following areas: (1) information collection and preservation; (2)
analysis of facts; (3) levels of evidence; (4) conclusions based on evidence;
(5) interviewing skills, including specialized training to interview people with
unique needs; (6) report writing; (7) coordination and referral to other
necessary agencies such as law enforcement and judicial agencies; (8)
human relations and cultural diversity; (9) the dynamics of adult abuse and
neglect within family systems and the appropriate methods for interviewing
relatives in the course of the assessment or investigation; (10) the protective
social services that are available to protect alleged victims from further abuse,
neglect, or financial exploitation; (11) the methods by which lead investigative
agency investigators and law enforcement workers cooperate in conducting
assessments and investigations in order to avoid duplication of efforts; and
(12) data practices laws and procedures, including provisions for sharing data.
(b) The commissioner of human services shall conduct an outreach
campaign to promote the common entry point for reporting vulnerable adult
maltreatment. This campaign shall use the Internet and other means of
communication.
(c) The commissioners of health, human services, and public safety shall
offer at least annual education to others on the requirements of this section,
on how this section is implemented, and investigation techniques.
(d) The commissioner of human services, in coordination with the
commissioner of public safety shall provide training for the common entry point
staff as required in this subdivision and the program courses described in this
subdivision, at least four times per year. At a minimum, the training shall be
held twice annually in the seven-county metropolitan area and twice annually
outside the seven-county metropolitan area. The commissioners shall give
priority in the program areas cited in paragraph (a) to persons currently
performing assessments and investigations pursuant to this section.

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(e) The commissioner of public safety shall notify in writing law

enforcement personnel of any new requirements under this section. The
commissioner of public safety shall conduct regional training for law
enforcement personnel regarding their responsibility under this section.
(f) Each lead investigative agency investigator must complete the
education program specified by this subdivision within the first 12 months of
work as a lead investigative agency investigator.
A lead investigative agency investigator employed when these
requirements take effect must complete the program within the first year after
training is available or as soon as training is available.
All lead investigative agency investigators having responsibility for
investigation duties under this section must receive a minimum of eight hours
of continuing education or in-service training each year specific to their duties
under this section.
Subd. 10. Duties of county social service agency. (a) When the
common entry point refers a report to the county social service agency as the
lead investigative agency or makes a referral to the county social services
agency for emergency adult protective services, or when another lead
investigative agency requests assistance from the county social service
agency for adult protective services, the county social service agency shall
immediately assess and offer emergency and continuing protective social
services for purposes of preventing further maltreatment and for safeguarding
the welfare of the maltreated vulnerable adult. The county shall use
standardized tools and the data system made available by the commissioner.
The information entered by the county into the standardized tool must be
accessible to the Department of Human Services. In cases of suspected
sexual abuse, the county social service agency shall immediately arrange for
and make available to the vulnerable adult appropriate medical examination
and treatment. When necessary in order to protect the vulnerable adult from
further harm, the county social service agency shall seek authority to remove
the vulnerable adult from the situation in which the maltreatment occurred. The
county social service agency may also investigate to determine whether the
conditions which resulted in the reported maltreatment place other vulnerable
adults in jeopardy of being maltreated and offer protective social services that
are called for by its determination.
(b) Within five business days of receipt of a report screened in by the
county social service agency for investigation, the county social service
agency shall determine whether, in addition to an assessment and services
for the vulnerable adult, to also conduct an investigation for final disposition of
the individual or facility alleged to have maltreated the vulnerable adult.
(c) The county social service agency must investigate for a final
disposition the individual or facility alleged to have maltreated a vulnerable
adult for each report accepted as lead investigative agency involving an
allegation of abuse, caregiver neglect that resulted in harm to the vulnerable
adult, financial exploitation that may be criminal, or an allegation against a
caregiver under chapter 256B.
(d) An investigating county social service agency must make a final
disposition for any allegation when the county social service agency
determines that a final disposition may safeguard a vulnerable adult or may
prevent further maltreatment.

517
 (e) If the county social service agency learns of an allegation listed in
paragraph (c) after the determination in paragraph (a), the county social
service agency must change the initial determination and conduct an
investigation for final disposition of the individual or facility alleged to have
maltreated the vulnerable adult.
(f) County social service agencies may enter facilities and inspect and
copy records as part of an investigation. The county social service agency has
access to not public data, as defined in section 13.02, and medical records
under sections 144.291 to 144.298, that are maintained by facilities to the
extent necessary to conduct its investigation. The inquiry is not limited to the
written records of the facility, but may include every other available source of
information.
(g) When necessary in order to protect a vulnerable adult from serious
harm, the county social service agency shall immediately intervene on behalf
of that adult to help the family, vulnerable adult, or other interested person by
seeking any of the following:
(1) a restraining order or a court order for removal of the perpetrator from
the residence of the vulnerable adult pursuant to section 518B.01;
(2) the appointment of a guardian or conservator pursuant to sections
524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to
chapter 252A;
(3) replacement of a guardian or conservator suspected of maltreatment
and appointment of a suitable person as guardian or conservator, pursuant to
sections 524.5-101 to 524.5-502; or
(4) a referral to the prosecuting attorney for possible criminal prosecution
of the perpetrator under chapter 609.
The expenses of legal intervention must be paid by the county in the case
of indigent persons, under section 524.5-502 and chapter 563.
In proceedings under sections 524.5-101 to 524.5-502, if a suitable
relative or other person is not available to petition for guardianship or
conservatorship, a county employee shall present the petition with
representation by the county attorney. The county shall contract with or
arrange for a suitable person or organization to provide ongoing guardianship
services. If the county presents evidence to the court exercising probate
jurisdiction that it has made a diligent effort and no other suitable person can
be found, a county employee may serve as guardian or conservator. The
county shall not retaliate against the employee for any action taken on behalf
of the person subject to guardianship or conservatorship, even if the action is
adverse to the county's interest. Any person retaliated against in violation of
this subdivision shall have a cause of action against the county and shall be
entitled to reasonable attorney fees and costs of the action if the action is
upheld by the court.
Subd. 10a. Repealed, 1995 c 229 art 1 s 24
Subd. 10b. Investigations; guidelines. (a) Each lead investigative
agency shall develop guidelines for prioritizing reports for investigation.
(b) When investigating a report, the lead investigative agency shall
conduct the following activities as appropriate:
(1) interview of the vulnerable adult;
(2) interview of the reporter and others who may have relevant
information;

518
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(3) interview of the individual or facility alleged responsible for

maltreatment; and
(4) review of records and pertinent documentation of the alleged incident.
(c) The lead investigative agency shall conduct the following activities as
appropriate to further the investigation, to prevent further maltreatment, or to
safeguard the vulnerable adult:
(1) examining the environment surrounding the alleged incident;
(2) consulting with professionals; and
(3) communicating with state, federal, tribal, and other agencies including:
(i) service providers;
(ii) case managers;
(iii) ombudsmen; and
(iv) support persons for the vulnerable adult.
(d) The lead investigative agency may decide not to conduct an interview
of a vulnerable adult, reporter, or witness under paragraph (b) if:
(1) the vulnerable adult, reporter, or witness declines to have an interview
with the agency or is unable to be contacted despite the agency's diligent
attempts;
(2) an interview of the vulnerable adult or reporter was conducted by law
enforcement or a professional trained in forensic interview and an additional
interview will not further the investigation;
(3) an interview of the witness will not further the investigation; or
(4) the agency has a reason to believe that the interview will endanger the
vulnerable adult.
Subd. 11. Repealed, 1995 c 229 art 1 s 24
Subd. 11a. Repealed, 1995 c 229 art 1 s 24
Subd. 12. Repealed, 1995 c 229 art 1 s 24
Subd. 12a. Repealed, 1983 c 273 s 8
Subd. 12b. Data management. (a) In performing any of the duties of this
section as a lead investigative agency, the county social service agency shall
maintain appropriate records. Data collected by the county social service
agency under this section while providing adult protective services are welfare
data under section 13.46. Investigative data collected under this section are
confidential data on individuals or protected nonpublic data as defined under
section 13.02. Notwithstanding section 13.46, subdivision 1, paragraph (a),
data under this paragraph that are inactive investigative data on an individual
who is a vendor of services are private data on individuals, as defined in
section 13.02. The identity of the reporter may only be disclosed as provided
in paragraph (c).
Data maintained by the common entry point are confidential data on
individuals or protected nonpublic data as defined in section 13.02.
Notwithstanding section 138.163, the common entry point shall maintain data
for three calendar years after date of receipt and then destroy the data unless
otherwise directed by federal requirements.
(b) The commissioners of health and human services shall prepare an
investigation memorandum for each report alleging maltreatment investigated
under this section. County social service agencies must maintain private data
on individuals but are not required to prepare an investigation memorandum.
During an investigation by the commissioner of health or the commissioner of
human services, data collected under this section are confidential data on

519
individuals or protected nonpublic data as defined in section 13.02. Upon
completion of the investigation, the data are classified as provided in clauses
(1) to (3) and paragraph (c).
(1) The investigation memorandum must contain the following data, which
are public:
(i) the name of the facility investigated;
(ii) a statement of the nature of the alleged maltreatment;
(iii) pertinent information obtained from medical or other records reviewed;
(iv) the identity of the investigator;
(v) a summary of the investigation's findings;
(vi) statement of whether the report was found to be substantiated,
inconclusive, false, or that no determination will be made;
(vii) a statement of any action taken by the facility;
(viii) a statement of any action taken by the lead investigative agency; and
(ix) when a lead investigative agency's determination has substantiated
maltreatment, a statement of whether an individual, individuals, or a facility
were responsible for the substantiated maltreatment, if known.
The investigation memorandum must be written in a manner which
protects the identity of the reporter and of the vulnerable adult and may not
contain the names or, to the extent possible, data on individuals or private data
listed in clause (2).
(2) Data on individuals collected and maintained in the investigation
memorandum are private data, including:
(i) the name of the vulnerable adult;
(ii) the identity of the individual alleged to be the perpetrator;
(iii) the identity of the individual substantiated as the perpetrator; and
(iv) the identity of all individuals interviewed as part of the investigation.
(3) Other data on individuals maintained as part of an investigation under
this section are private data on individuals upon completion of the
investigation.
(c) The name of the reporter must be confidential. The subject of the report
may compel disclosure of the name of the reporter only with the consent of the
reporter or upon a written finding by a court that the report was false and there
is evidence that the report was made in bad faith. This subdivision does not
alter disclosure responsibilities or obligations under the rules of criminal
procedure, except that where the identity of the reporter is relevant to a
criminal prosecution, the district court shall do an in-camera review prior to
determining whether to order disclosure of the identity of the reporter.
(d) Notwithstanding section 138.163, data maintained under this section
by the commissioners of health and human services must be maintained under
the following schedule and then destroyed unless otherwise directed by
federal requirements:
(1) data from reports determined to be false, maintained for three years
after the finding was made;
(2) data from reports determined to be inconclusive, maintained for four
years after the finding was made;
(3) data from reports determined to be substantiated, maintained for
seven years after the finding was made; and

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(4) data from reports which were not investigated by a lead agency and
for which there is no final disposition, maintained for three years from the date
of the report.
(e) The commissioners of health and human services shall each annually
report to the legislature and the governor on the number and type of reports
of alleged maltreatment involving licensed facilities reported under this
section, the number of those requiring investigation under this section, and the
resolution of those investigations.
(f) Each lead investigative agency must have a record retention policy.
(g) Lead investigative agencies, county agencies responsible for adult
protective services, prosecuting authorities, and law enforcement agencies
may exchange not public data, as defined in section 13.02, with a tribal
agency, facility, service provider, vulnerable adult, primary support person for
a vulnerable adult, state licensing board, federal or state agency, the
ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities, if the agency or authority providing the data
determines that the data are pertinent and necessary to prevent further
maltreatment of a vulnerable adult, to safeguard a vulnerable adult, or for an
investigation under this section. Data collected under this section must be
made available to prosecuting authorities and law enforcement officials, local
county agencies, and licensing agencies investigating the alleged
maltreatment under this section. The lead investigative agency shall exchange
not public data with the vulnerable adult maltreatment review panel
established in section 256.021 if the data are pertinent and necessary for a
review requested under that section. Notwithstanding section 138.17, upon
completion of the review, not public data received by the review panel must
be destroyed.
(h) Each lead investigative agency shall keep records of the length of time
it takes to complete its investigations.
(i) A lead investigative agency may notify other affected parties and their
authorized representative if the lead investigative agency has reason to
believe maltreatment has occurred and determines the information will
safeguard the well-being of the affected parties or dispel widespread rumor or
unrest in the affected facility.
(j) Under any notification provision of this section, where federal law
specifically prohibits the disclosure of patient identifying information, a lead
investigative agency may not provide any notice unless the vulnerable adult
has consented to disclosure in a manner which conforms to federal
requirements.
Subd. 13. Repealed, 1995 c 229 art 1 s 24
Subd. 14. Abuse prevention plans. (a) Each facility, except home health
agencies and personal care attendant services providers, shall establish and
enforce an ongoing written abuse prevention plan. The plan shall contain an
assessment of the physical plant, its environment, and its population
identifying factors which may encourage or permit abuse, and a statement of
specific measures to be taken to minimize the risk of abuse. The plan shall
comply with any rules governing the plan promulgated by the licensing agency.
(b) Each facility, including a home health care agency and personal care
attendant services providers, shall develop an individual abuse prevention
plan for each vulnerable adult residing there or receiving services from them.

521
The plan shall contain an individualized assessment of: (1) the person's
susceptibility to abuse by other individuals, including other vulnerable adults ;
(2) the person’s risk of abusing other vulnerable adults; and (3) statements of
the specific measures to be taken to minimize the risk of abuse to that person
and other vulnerable adults. For the purposes of this paragraph, the term
"abuse" includes self-abuse.
(c) If the facility, except home health agencies and personal care
attendant services providers, knows that the vulnerable adult has committed
a violent crime or an act of physical aggression toward others, the individual
abuse prevention plan must detail the measures to be taken to minimize the
risk that the vulnerable adult might reasonably be expected to pose to visitors
to the facility and persons outside the facility, if unsupervised. Under this
section, a facility knows of a vulnerable adult's history of criminal misconduct
or physical aggression if it receives such information from a law enforcement
authority or through a medical record prepared by another facility, another
health care provider, or the facility's ongoing assessments of the vulnerable
adult.
Subd. 15. Repealed, 1995 c 229 art 1 s 24
Subd. 16. Implementation authority. (a) By September 1, 1995, the
attorney general and the commissioners of health and human services, in
coordination with representatives of other entities that receive or investigate
maltreatment reports, shall develop the common report form described in
subdivision 9. The form may be used by mandated reporters, county social
service agencies, law enforcement entities, licensing agencies, or
ombudsman offices.
(b) The commissioners of health and human services shall as soon as
possible promulgate rules necessary to implement the requirements of this
section.
(c) By December 31, 1995, the commissioners of health, human services,
and public safety shall develop criteria for the design of a statewide database
utilizing data collected on the common intake form of the common entry point.
The statewide database must be accessible to all entities required to conduct
investigations under this section, and must be accessible to ombudsman and
advocacy programs.
(d) By September 1, 1995, each lead investigative agency shall develop
the guidelines required in subdivision 9b.
Subd. 17. Retaliation prohibited. (a) A facility or person shall not retaliate
against any person who reports in good faith suspected maltreatment pursuant
to this section, or against a vulnerable adult with respect to whom a report is
made, because of the report.
(b) In addition to any remedies allowed under sections 181.931 to
181.935, any facility or person which retaliates against any person because of
a report of suspected maltreatment is liable to that person for actual damages,
punitive damages up to $10,000, and attorney's fees.
(c) There shall be a rebuttable presumption that any adverse action, as
defined below, within 90 days of a report, is retaliatory. For purposes of this
clause, the term "adverse action" refers to action taken by a facility or person
involved in a report against the person making the report or the person with
respect to whom the report was made because of the report, and includes, but
is not limited to:

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(1) discharge or transfer from the facility;

(2) discharge from or termination of employment;
(3) demotion or reduction in remuneration for services;
(4) restriction or prohibition of access to the facility or its residents; or
(5) any restriction of rights set forth in section 144.651.
Subd. 18. Outreach. The commissioner of human services shall maintain
an aggressive program to educate those required to report, as well as the
general public, about the requirements of this section using a variety of media.
The commissioner of human services shall print and make available the form
developed under subdivision 9.
Subd. 19. Repealed, 1995 c 229 art 1 s 24
Subd. 20. Cause of action for financial exploitation; damages. (a) A
vulnerable adult who is a victim of financial exploitation as defined in section
626.5572, subdivision 9, has a cause of action against a person who
committed the financial exploitation. In an action under this subdivision, the
vulnerable adult is entitled to recover damages equal to three times the
amount of compensatory damages or $10,000, whichever is greater.
(b) In addition to damages under paragraph (a), the vulnerable adult is
entitled to recover reasonable attorney fees and costs, including reasonable
fees for the services of a guardian or conservator or guardian ad litem incurred
in connection with a claim under this subdivision.
(c) An action may be brought under this subdivision regardless of whether
there has been a report or final disposition under this section or a criminal
complaint or conviction related to the financial exploitation.
Subd. 21. Contested case hearing. When an appeal of a lead
investigative agency determination results in a contested case hearing under
chapter 245A or 245C, the administrative law judge shall notify the vulnerable
adult who is the subject of the maltreatment determination and, if known, a
guardian of the vulnerable adult appointed under section 524.5-310, or a
health care agent designated by the vulnerable adult in a health care directive
that is currently effective under section 145C.06, and whose authority to make
health care decisions is not suspended under section 524.5-310, of the
hearing. The notice must be sent by certified mail and inform the vulnerable
adult of the right to file a signed written statement in the proceedings. A
guardian or health care agent who prepares or files a written statement for the
vulnerable adult must indicate in the statement that the person is the
vulnerable adult's guardian or health care agent and sign the statement in that
capacity. The vulnerable adult, the guardian, or the health care agent may file
a written statement with the administrative law judge hearing the case no later
than five business days before commencement of the hearing. The
administrative law judge shall include the written statement in the hearing
record and consider the statement in deciding the appeal. This subdivision
does not limit, prevent, or excuse the vulnerable adult from being called as a
witness testifying at the hearing or grant the vulnerable adult, the guardian, or
health care agent a right to participate in the proceedings or appeal the
administrative law judge's decision in the case. The lead investigative agency
must consider including the vulnerable adult victim of maltreatment as a
witness in the hearing. If the lead investigative agency determines that
participation in the hearing would endanger the well-being of the vulnerable
adult or not be in the best interests of the vulnerable adult, the lead

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investigative agency shall inform the administrative law judge of the basis for
this determination, which must be included in the final order. If the
administrative law judge is not reasonably able to determine the address of
the vulnerable adult, the guardian, or the health care agent, the administrative
law judge is not required to send a hearing notice under this subdivision.

626.5572 DEFINITIONS AMENDED

Subdivision 1. Scope. For the purpose of section 626.557, the
following terms have the meanings given them, unless otherwise specified.
Subd. 2. Abuse. "Abuse" means:
(a) An act against a vulnerable adult that constitutes a violation of, an
attempt to violate, or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221
to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section
609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined
in section 609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in
sections 609.342 to 609.3451.
A violation includes any action that meets the elements of the crime,
regardless of whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in
this section, which produces or could reasonably be expected to produce
physical pain or injury or emotional distress including, but not limited to, the
following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a
vulnerable adult;
(2) use of repeated or malicious oral, written, or gestured language toward
a vulnerable adult or the treatment of a vulnerable adult which would be
considered by a reasonable person to be disparaging, derogatory, humiliating,
harassing, or threatening;
(3) use of any aversive or deprivation procedure, unreasonable
confinement, or involuntary seclusion, including the forced separation of the
vulnerable adult from other persons against the will of the vulnerable adult or
the legal representative of the vulnerable adult unless authorized under
applicable licensing requirements or Minnesota Rules, chapter 9544.
(c) Any sexual contact or penetration as defined in section 609.341,
between a facility staff person or a person providing services in the facility and
a resident, patient, or client of that facility.
(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult
against the vulnerable adult's will to perform services for the advantage of
another.
(e) For purposes of this section, a vulnerable adult is not abused for the
sole reason that the vulnerable adult or a person with authority to make health
care decisions for the vulnerable adult under sections 144.651, 144A.44,
chapter 145B, 145C or 252A, or section 253B.03 or 524.5-313, refuses
consent or withdraws consent, consistent with that authority and within the
boundary of reasonable medical practice, to any therapeutic conduct,
including any care, service, or procedure to diagnose, maintain, or treat the

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physical or mental condition of the vulnerable adult or, where permitted under
law, to provide nutrition and hydration parenterally or through intubation. This
paragraph does not enlarge or diminish rights otherwise held under law by:
(1) a vulnerable adult or a person acting on behalf of a vulnerable adult,
including an involved family member, to consent to or refuse consent for
therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or provide therapeutic
conduct.
(f) For purposes of this section, a vulnerable adult is not abused for the
sole reason that the vulnerable adult, a person with authority to make health
care decisions for the vulnerable adult, or a caregiver in good faith selects and
depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the vulnerable adult in lieu of medical care, provided that this
is consistent with the prior practice or belief of the vulnerable adult or with the
expressed intentions of the vulnerable adult.
(g) For purposes of this section, a vulnerable adult is not abused for the
sole reason that the vulnerable adult, who is not impaired in judgment or
capacity by mental or emotional dysfunction or undue influence, engages
in consensual sexual contact with:
(1) a person, including a facility staff person, when a consensual sexual
personal relationship existed prior to the caregiving relationship; or
(2) a personal care attendant, regardless of whether the consensual
sexual personal relationship existed prior to the caregiving relationship.
Subd. 3. Accident. "Accident" means a sudden, unforeseen, and
unexpected occurrence or event which:
(1) is not likely to occur and which could not have been prevented by
exercise of due care; and
(2) if occurring while a vulnerable adult is receiving services from a facility,
happens when the facility and the employee or person providing services in
the facility are in compliance with the laws and rules relevant to the occurrence
or event.
Subd. 4. Caregiver. "Caregiver" means an individual or facility who has
responsibility for all or a portion of the care of a vulnerable adult voluntarily, by
contract, or by agreement. Caregiver does not include an unpaid caregiver
who provides incidental care.
Subd. 5. Common entry point. "Common entry point" means the entity
responsible for receiving reports of alleged or suspected maltreatment of a
vulnerable adult under section 626.557.
Subd. 6. Facility. (a) "Facility" means a hospital or other entity required
to be licensed under sections 144.50 to 144.58; a nursing home required to
be licensed to serve adults under section 144A.02; a facility or service required
to be licensed under chapter 245A; an assisted living facility required to be
licensed under chapter 144I; a home care provider licensed or required to be
licensed under sections 144A.43 to 144A.482; a hospice provider licensed
under sections 144A.75 to 144A.755; or a person or organization that offers,
provides, or arranges for personal care assistant services under the medical
assistance program as authorized under section 256B.0625, subdivision 19a,
sections 256B.0651 to 256B.0654, section 256B.0659, or section 256B.85.
(b) For services identified in paragraph (a) that are provided in the
vulnerable adult’s own home or in another unlicensed location, the term

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"facility" refers to the provider, person, or organization that offers, provides, or
arranges for personal care services, and does not refer to the vulnerable
adult’s home or other location at which services are rendered.
Subd. 7. False. "False" means a preponderance of the evidence shows
that an act that meets the definition of maltreatment did not occur.
Subd. 8. Final disposition. "Final disposition" is the determination of
an investigation by a lead investigative agency that a report of maltreatment
under Laws 1995, chapter 229, is substantiated, inconclusive, false, or that no
determination will be made. When a lead investigative agency determination
has substantiated maltreatment, the final disposition also identifies, if known,
which individual or individuals were responsible for the substantiated
maltreatment, and whether a facility was responsible for the substantiated
maltreatment.
Subd. 9. Financial exploitation. "Financial exploitation" means:
(a) In breach of a fiduciary obligation recognized elsewhere in law,
including pertinent regulations, contractual obligations, documented consent
by a competent person, or the obligations of a responsible party under section
144.6501, a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor
by the vulnerable adult which results or is likely to result in detriment to the
vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide
food, clothing, shelter, health care, therapeutic conduct or supervision for the
vulnerable adult, and the failure results or is likely to result in detriment to the
vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a
vulnerable adult;
(2) obtains for the actor or another the performance of services by a third
person for the wrongful profit or advantage of the actor or another to the
detriment of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property
of a vulnerable adult through the use of undue influence, harassment, duress,
deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the
vulnerable adult's will to perform services for the profit or advantage of
another.
(c) Nothing in this definition requires a facility or caregiver to provide
financial management or supervise financial management for a vulnerable
adult except as otherwise required by law.
Subd. 10. Immediately. "Immediately" means as soon as possible, but
no longer than 24 hours from the time initial knowledge that the incident
occurred has been received.
Subd. 11. Inconclusive. "Inconclusive" means there is less than a
preponderance of evidence to show that maltreatment did or did not occur.
Subd. 12. Initial disposition. "Initial disposition" is the lead investigative
agency's determination of whether the report will be assigned for further
investigation.

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Subd. 13. Lead investigative agency. "Lead investigative agency" is

the primary administrative agency responsible for investigating reports made
under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities
or services licensed or required to be licensed as hospitals, home care
providers, nursing homes, boarding care homes, hospice providers,
residential facilities that are also federally certified as intermediate care
facilities that serve people with developmental disabilities, or any other facility
or service not listed in this subdivision that is licensed or required to be
licensed by the Department of Health for the care of vulnerable adults. “Home
care provider” has the meaning provided in section 144A.43, subdivision 4,
and applies when care or services are delivered in the vulnerable adult’s
home, whether a private home or a housing with services establishment
registered under chapter 144D, including those that offer assisted living
services under chapter 144G.
(b) The Department of Human Services is the lead investigative agency
for facilities or services licensed or required to be licensed as adult day care,
adult foster care, community residential settings, programs for people with
disabilities, family adult day services, mental health programs, mental health
clinics, chemical dependency programs, the Minnesota sex offender program,
or any other facility or service not listed in this subdivision that is licensed or
required to be licensed by the Department of Human Services.
(c) The county social service agency or its designee is the lead
investigative agency for all other reports, including, but not limited to, reports
involving vulnerable adults receiving services from a personal care provider
organization under section 256B.0659.
Subd. 14. Legal authority. "Legal authority" includes, but is not limited
to:
(1) a fiduciary obligation recognized elsewhere in law, including pertinent
regulations; (2) a contractual obligation; or (3) documented consent by a
competent person.
Subd. 15. Maltreatment. "Maltreatment" means abuse as defined in
subdivision 2, neglect as defined in subdivision 17, or financial exploitation as
defined in subdivision 9.
Subd. 16. Mandated reporter. "Mandated reporter" means a
professional or professional's delegate while engaged in: (1) social services;
(2) law enforcement; (3) education; (4) the care of vulnerable adults; (5) any
of the occupations referred to in section 214.01, subdivision 2; (6) an
employee of a rehabilitation facility certified by the commissioner of jobs and
training for vocational rehabilitation; (7) an employee or person providing
services in a facility as defined in subdivision 6; or (8) a person that performs
the duties of the medical examiner or coroner.
Subd. 17. Neglect. Neglect means neglect by a caregiver or self-
neglect.
(a) “Caregiver neglect” means the failure or omission by a caregiver to
supply a vulnerable adult with care or services, including but not limited to,
food, clothing, shelter, health care, or supervision which is:
(1) reasonable and necessary to obtain or maintain the vulnerable adult's
physical or mental health or safety, considering the physical and mental
capacity or dysfunction of the vulnerable adult; and

527
 (2) which is not the result of an accident or therapeutic conduct.
(b) "Self-neglect" means neglect by a vulnerable adult of the vulnerable
adult's own food, clothing, shelter, health care, or other services that are not
the responsibility of a caregiver which a reasonable person would deem
essential to obtain or maintain the vulnerable adult's health, safety, or comfort.
(c) For purposes of this section, a vulnerable adult is not neglected for the
sole reason that:
(1) the vulnerable adult or a person with authority to make health care
decisions for the vulnerable adult under sections 144.651, 144A.44, chapter
145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses
consent or withdraws consent, consistent with that authority and within the
boundary of reasonable medical practice, to any therapeutic conduct,
including any care, service, or procedure to diagnose, maintain, or treat the
physical or mental condition of the vulnerable adult, or, where permitted under
law, to provide nutrition and hydration parenterally or through intubation; this
paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult,
including an involved family member, to consent to or refuse consent for
therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic
conduct; or
(2) the vulnerable adult, a person with authority to make health care
decisions for the vulnerable adult, or a caregiver in good faith selects and
depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the vulnerable adult in lieu of medical care, provided that this
is consistent with the prior practice or belief of the vulnerable adult or with the
expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment or capacity by
mental or emotional dysfunction or undue influence, engages in consensual
sexual contact with:
(i) a person including a facility staff person when a consensual sexual
personal relationship existed prior to the caregiving relationship; or
(ii) a personal care attendant, regardless of whether the consensual
sexual personal relationship existed prior to the caregiving relationship; or
(4) an individual makes an error in the provision of therapeutic conduct to
a vulnerable adult which does not result in injury or harm which reasonably
requires medical or mental health care; or
(5) an individual makes an error in the provision of therapeutic conduct to
a vulnerable adult that results in injury or harm, which reasonably requires the
care of a physician, and:
(i) the necessary care is provided in a timely fashion as dictated by the
condition of the vulnerable adult;
(ii) if after receiving care, the health status of the vulnerable adult can be
reasonably expected, as determined by the attending physician, to be restored
to the vulnerable adult's preexisting condition;
(iii) the error is not part of a pattern of errors by the individual;
(iv) if in a facility, the error is immediately reported as required under
section 626.557, and recorded internally in the facility;

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(v) if in a facility, the facility identifies and takes corrective action and
implements measures designed to reduce the risk of further occurrence of this
error and similar errors; and
(vi) if in a facility, the actions required under items (iv) and (v) are
sufficiently documented for review and evaluation by the facility and any
applicable licensing, certification, and ombudsman agency.
(d) Nothing in this definition requires a caregiver, if regulated, to provide
services in excess of those required by the caregiver's license, certification,
registration, or other regulation.
(e) If the findings of an investigation by a lead investigative agency result
in a determination of substantiated maltreatment for the sole reason that the
actions required of a facility under paragraph (c), clause (5), item (iv), (v), or
(vi), were not taken, then the facility is subject to a correction order. An
individual will not be found to have neglected or maltreated the vulnerable
adult based solely on the facility's not having taken the actions required under
paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead
investigative agency's determination of mitigating factors under section
626.557, subdivision 9c, paragraph (f).
Subd. 18. Report. "Report" means a statement concerning all the
circumstances surrounding the alleged or suspected maltreatment, as defined
in this section, of a vulnerable adult which are known to the reporter at the time
the statement is made.
Subd. 19. Substantiated. "Substantiated" means a preponderance of
the evidence shows that an act that meets the definition of maltreatment
occurred.
Subd. 20. Therapeutic conduct. "Therapeutic conduct" means the
provision of program services, health care, or other personal care services
done in good faith in the interests of the vulnerable adult by: (1) an individual,
facility, or employee or person providing services in a facility under the rights,
privileges and responsibilities conferred by state license, certification, or
registration; or (2) a caregiver.
Subd. 21. Vulnerable adult. (a) "Vulnerable adult" means any person
18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services required to be licensed under chapter 245A, except
that a person receiving outpatient services for treatment of chemical
dependency or mental illness, or one who is served in the Minnesota sex
offender program on a court-hold order for commitment, or is committed as a
sexual psychopathic personality or as a sexually dangerous person under
chapter 253B, is not considered a vulnerable adult unless the person meets
the requirements of clause (4);
(3) receives services from a home care provider required to be licensed
under sections 144A.43 to 144A.482; or from a person or organization that
offers, provides, or arranges for personal care assistant services under the
medical assistance program as authorized under sections 256B.0625,
subdivision 19a, 256B.0651, 256B.0653, 256B.0654, 256B.0659, or 256B.85;
or
(4) regardless of residence or whether any type of service is received,
possesses a physical or mental infirmity or other physical, mental, or emotional
dysfunction:

529
 (i) that impairs the individual's ability to provide adequately for the
individual's own care without assistance, including the provision of food,
shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or
services, the individual has an impaired ability to protect the individual’s self
from maltreatment.
(b) For purposes of this subdivision, “care or services” means care or
services for the health, safety, welfare, or maintenance of an individual.

PEACE OFFICERS

626.77 PEACE OFFICERS FROM ADJOINING STATES

FEDERAL LAW ENFORCEMENT OFFICERS.
Subdivision 1. Arrest authority. A peace officer of a state adjoining
Minnesota and a federal law enforcement officer have the same authority to
arrest and hold an individual in custody as has any peace officer of this state
if all of the following circumstances are present:
(1) the officer is on duty and is acting on a request for assistance by a
peace officer of this state;
(2) while in this state, the officer acts under the direction of the peace
officer to whom the officer is rendering assistance;
(3) while in this state, the officer acts in accordance with the rules and
regulations of the officer’s own appointive or elective authority; and
(4) upon effecting an arrest, the officer surrenders custody of the arrested
individual to a peace officer of this state without unnecessary delay.
Subd. 2. Tort liability; indemnification. A peace officer from an
adjoining state or a federal law enforcement officer who responds to a request
for assistance and who acts in accordance with subdivision 1 is serving in the
regular line of duty as fully as though the service was within the officer’s
jurisdiction. For the purposes of section 3.736 and chapter 466, the officer is
deemed to be an employee of the elective or appointive agency of the peace
officer requesting assistance.
Subd. 3. Definition. As used in this section, “federal law enforcement
officer” means an officer or employee whether employed inside or outside the
state of the Federal Bureau of Investigation, the Drug Enforcement
Administration, the United States Marshal Service, the Secret Service, the
Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Department of
Homeland Security, or the United States Postal Inspection Service, or their
successor agencies, who is responsible for the prevention or detection of
crimes or for the enforcement of the United States Code and who is authorized
to arrest, with or without a warrant, any individual for a violation of the United
States Code.

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 Criminal Code

CHAPTER 628 ACCUSATION; CHARGING

INSTRUMENTS
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the
victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be
found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found
or made at any time after the commission of the offense if the victim was under
the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the
victim was 18 years of age or older at the time of the offense, or 609.42,
subdivision 1, clause (1) or (2), shall be found or made and filed in the proper
court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322 and
609.342 to 609.345, if the victim was under the age of 18 years at the
time the offense was committed, shall be found or made and filed in the proper
court within the later of nine years after the commission of the offense or, three
years after the offense was reported to law enforcement authorities.
(f) Notwithstanding the limitations in paragraph (e), indictments or
complaints for violation of sections 609.322 and 609.342 to 609.344 may be
found or made and filed in the proper court at any time after commission of the
offense, if physical evidence is collected and preserved that is capable of
being tested for its DNA characteristics. If this evidence is not collected and
preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission
of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and
filed in the proper court within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.2335, 609.52,
subdivision 2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or
609.821, where the value of the property or services stolen is more than
$35,000, or for violation of section 609.527 where the offense involves eight
or more direct victims or the total combined loss to the direct and indirect
victims is more than $35,000, shall be found or made and filed in the proper
court within five years after the commission of the offense.
(i) Except for violations relating to false material statements,
representations or omissions, indictments or complaints for violations of
section 609.671 shall be found or made and filed in the proper court within five
years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.561 to 609.563,
shall be found or made and filed in the proper court within five years after the
commission of the offense.
(k) In all other cases, indictments or complaints shall be found or made
and filed in the proper court within three years after the commission of the
offense.

531
 (l) The limitations periods contained in this section shall exclude any
period of time during which the defendant was not an inhabitant of or usually
resident within this state.
(m) The limitations periods contained in this section for an offense shall
not include any period during which the alleged offender participated under a
written agreement in a pretrial diversion program relating to that offense.
(n) The limitations periods contained in this section shall not include any
period of time during which physical evidence relating to the offense was
undergoing DNA analysis, as defined in section 299C.155, unless the
defendant demonstrates that the prosecuting or law enforcement agency
purposefully delayed the DNA analysis process in order to gain an unfair
advantage.

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