Anoka County Attorney

Training Update

 

Sean Gibbs

December 2001

 

SEX, LIES AND

DEADLY FORCE

 

 

The Minnesota Legislature recently passed three new important laws you need to know regarding Sex, Lies and Deadly Force.

 

First, the new law regarding SEX now makes it illegal for any employee of a jail, prison, or detention center to engage in sexual penetration or contact with a person who is a resident of one of these facilities.

 

Second, the new law regarding LIES includes a change to the crime of "Aiding an Offender," now making it a crime to assist a felony offender by "words or acts" (lies).

 

Third, the new law regarding DEADLY FORCE revises the definition of "deadly force" as used in the Authorized Use of Deadly Force By Peace Officers – Minn.Stat. 609.066, Subd. 2, and specifically excludes from the definition of "deadly force’ the intentional discharge of a firearm that is loaded with less lethal munitions when used by a peace officer within the scope of official duties.

 

Below, please find the details of these three new important laws.

 

 

 

1. Criminal Sexual Conduct – New Law

 

Criminal Sexual Conduct in the Third Degree, 609.344, Subd. 1(m) and 609.345, Subd. 1(m) -- Criminal Sexual Conduct in the Fourth Degree, now make it a crime to engage in sexual penetration or contact with another person if the defendant is an employee, independent contractor, or volunteer of a state, county, city or privately operated adult or juvenile correctional system, including but not limited to jails, prisons, detention centers, or work release facilities, AND the complainant (victim) is a resident of a facility or under supervision of the correctional facility.

 

IMPORTANT NOTE: Consent by the complainant is NOT a defense. In other words, even if the victim consented to the penetration or contact, it is still a crime.

 

 

2. Aiding an Offender – Law Amended

 

The crime of Aiding an Offender, Minnesota Statutes 609.495, Subd. 1, has been changed.

 

THE OLD LAW STATED:

 

"Whoever harbors, conceals, or aids another known by the actor to have committed a felony . . . with intent that such offender shall avoid escape from arrest, trial, conviction, or punishment . . ." is guilty of a felony.

 

THE NEW LAW NOW STATES:

 

"Whoever harbors, conceals, aids, or assists by word or acts another whom the actor knows or has reason to know has committed a crime . . . with intent that such offender shall avoid escape from arrest, trial, conviction or punishment . . ." is guilty of a felony.

 

This new law expands the Aiding an Offender crime in two ways. First, a suspect may now be guilty of aiding an offender if they assist someone by word or acts, including in some cases – lying. Thus, the law has expanded to specifically include a person who assists by word or acts and not just by harboring or concealing.

 

The second way the new law expanded is that the law no longer requires that the suspect know that the actor committed a felony crime. Instead, the new law simply requires that the person know or have reason to know that the actor committed a crime, if the crime committed or attempted by the actor is a felony.

 

 

3. Authorized Use of Deadly Force by Peace Officers – Law Amended

 

The law regarding the Authorized Use of Deadly Force by Peace Officers, Minn.Stat. 609.066, has been amended. The authorized use of deadly force by peace officers statute generally describes the situations when the use of deadly force by a peace officer is necessary (e.g. To protect the peace officer or another from apparent death or great bodily harm.) The law also states that the intentional discharge of a firearm in the direction of another person constitutes deadly force.

 

However, the amended portion of the law now specifically excludes from the definition of deadly force the intentional discharge of a firearm when the firearm is loaded with less lethal munitions and used by a peace officer within the scope official duties. Less lethal munitions is defined in the statute as projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. Thus, per the new amended law, a peace officer is NOT using deadly force when firing a weapon loaded with less lethal munitions (i.e. bean bags).

 

 

Sean Gibbs, Assistant Anoka County Attorney