Anoka County Attorney

Training Update

(AND WHY YOU NEED TO KNOW WHAT IT MEANS)

A AQUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE@ is a new definition in the law that every police officer needs to know. The new definition is used in the following crimes:

1. Domestic assault

2. Assault in the fifth degree

3. Violations of a restraining order

4. Harassment; stalking

5. Violations of orders for protection

A AQUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE,@ now defines what a prior offense is for the above crimes for purposes of enhancing them to gross misdemeanor or felony offenses. In other words, if you arrest someone for one of the above five crimes and they have a prior AQualified Domestic Violence Related Offense,@ that prior AQualified Domestic Violence Related Offense@ may be used to enhance that crime to a gross misdemeanor or felony.

This new definition not only simplifies and clarifies the law with regard to priors and the above listed offenses, but also in some instances expands the list of priors that can be used to enhance them.

The definition for a AQualified Domestic Violence Related Offense@ is found in Minn.Stat. 609.02, Subd. 16, and its use in the above laws was effective as of August 1, 2001.

WHAT OFFENSES ARE INCLUDED IN THE DEFINITION OF A AQUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE?@

A AQUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE@ (a Aprior@ for purposes of enhancing the five offenses listed above) includes the following offenses:

1. Violation of domestic abuse order for protection (Minn.Stat. 518B.01,sub.14)

2. First, second, third, fourth, and fifth degree assault (Minn.Stat. 609.221, 609.222, 609.223, 609.2231, 609.224)

3. Domestic assault (Minn.Stat. 609.2242)

4. First, second, third, and fourth degree criminal sexual conduct (Minn.Stats. 609.342, 609.343, 609.344, 609.345)

5. Malicious punishment of a child (Minn.Stat. 609.377)

6. Terroristic Threats (Minn.Stat. 609.713)

7. Violation of harassment restraining order (Minn.Stat.609.748, sub. 6)

8. Harassment/stalking (Minn.Stat.609.749)

9. Similar laws of other states, the United States, the District of Columbia, tribal lands, and United States Territories.

HOW DOES THE NEW DEFINITION AQUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE@ APPLY TO THE FIVE CRIMES

The statutes for the five crimes B domestic assault, assault in the fifth degree, violation of a restraining order, harassment; stalking, and violations of orders for protection, prior to the new definition being enacted, all previously listed the statutory cites for the crimes that could be used as priors to enhance those crimes. Now, these statutes for these five crimes simply use the term Aqualified domestic violence related offense@ to describe the prior convictions that may be used to enhance.

Below, please find examples of how the new definition Aqualified domestic violence related offense@ applies to each of the five crimes.

1. DOMESTIC ASSAULT

If you arrest someone who commits domestic assault under Minn.Stat. 609.2242 during the time period between a previous Aqualified domestic violence related offense@ conviction and the end of five years following discharge for that offense, that person may be charged with and guilty of a gross misdemeanor.

(See the new Minn.Stat. 609.2242 for other examples of how application of the definition Aqualified domestic violence related offense@ may be used to enhance to other gross misdemeanors or felonies)

2. ASSAULT IN THE FIFTH DEGREE

If you arrest someone who commits a fifth degree assault under Minn.Stat. 609.224 within three years of the first of two or more previous Aqualified domestic violence related offense@ convictions, against any victim, that person may be charged with and guilty of a felony.

(See the new Minn.Stat. 609.224 for other examples of how application of the definition Aqualified domestic violence related offense@ may be used to enhance to other felonies or gross misdemeanors)

If you arrest someone who violates a restraining order Minn. Stat. 609.748, sub. 6 between the first of two or more previous Aqualified domestic violence related offense@ convictions and the end of five years following discharge from that sentence for that offense, that person may be charged with and guilty of a felony.

(See the new Minn.Stat. 609.748, Subd. 6 for other examples of how application of the definition Aqualified domestic violence related offense@may be used to enhance to other felonies or gross misdemeanors)

If you arrest someone for Harassment; stalking B Second or subsequent violation, under Minn. Stat. 609.749, sub. 4 who violates any provision of the Aharassment; stalking crimes@ (Minn.Stat. 609.749, sub. 2) during the time period between a previous Aqualified domestic violence related offense@ convictions and the end of ten years following discharge from that sentence for that offense, that person may be charged with and guilty of a felony.

5. VIOLATING AN ORDER FOR PROTECTION

If you arrest someone who violates an order for protection under Minn. Stat. 518B.01, Subd. 14 during the time period between a previous Aqualified domestic violence related offense@ conviction and the end of five years following discharge from that sentence for that offense, that person may be charged with and guilty of a gross misdemeanor.

(See the new Minn.Stat. 518B.01, Subd. 14 for other examples of how application of the definition Aqualified domestic violence related offense@ may be used to enhance to other felonies or gross misdemeanors)

Sean Gibbs, Assistant Anoka County Attorney