Anoka County Attorney

Training Update

 

Sean Gibbs
December, 2000

8 MORE NEW LAWS YOU SHOULD KNOW!

The last several Anoka County Attorney’s Office Updates have described new laws or changes to existing law that are now or will be in effect. This "December Update" will be the last in our series of legislative changes from this past year. Listed below are eight more new laws or changes to existing law that you should be aware of. The new language or change in the law may be listed in bold and underlined.

1. MURDER IN THE FIRST DEGREE – AMENDED

Minn. Stat. 609.185 was AMENDED, and now states that no person shall cause 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.

2. PREDATORY OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION PROVISIONS – AMENDED

Minn. Stat. 243.166 was AMENDED. Changes include that the statutory language of "sex offender" is now changed to "predatory offender." Also, a first time failure to register as a "predatory offender" is now a felony. Registration requirements and procedure have also changed. Finally, all "predatory offenders" who are designated "Risk Level III’s" will be posted on the internet.

3. LICENSE PLATE IMPOUNDMENT VIOLATION CRIME – NEW LAW

Minn. Stat. 169A.37 a NEW LAW, makes it a misdemeanor to (1) fail to comply with an impoundment order under section 169A.60 (administrative plate impoundment), OR (2) file a false statement under section 169A.60, subd. 7 or 8, OR (3) operate a self-propelled motor vehicle on a street or highway when the vehicle is subject to an impoundment order, OR (4) fail to notify the commissioner of the impoundment order when requesting new plates

4. SALE OF TOBACCO TO MINORS – AMENDED

Minn. Stat. 609.685 was AMENDED, and now makes it a misdemeanor to furnish or sell tobacco or tobacco-related products to a person under the age of 18. Any subsequent violation within five years of a previous conviction is a gross misdemeanor.

The statute also now makes it a misdemeanor for any person under the age of 18 to purchase or attempt to purchase tobacco or tobacco related products using a driver’s license, permit, identification card or any type of false identification to misrepresent the purchaser’s age.

Retailers may also seize a form of identification if they have reasonable grounds to believe the identification has been altered or falsified. Retailers must turn over to law enforcement any seized identifications within 24 hours.

5. SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT – AMENDED

Minn. Stat. 609.352 was AMENDED, and now states that a "child" means a person 15 years of age or younger. Also, the definition of "solicit" now includes contact in person, by telephone, by letter, or by computerized or other electronic means. Finally, the statute also now prohibits the soliciting of a child or someone the person reasonably believes is a child to engage in sexual conduct.

6. FELON NAME CHANGE – NEW LAW

Minn. Stat. 259.11 to 259.13 is a NEW LAW, which makes it a gross misdemeanor for a person who has a felony conviction under Minnesota law or the law of another state to change their name without following a detailed legal procedure described within the statute. The procedure the felon must follow includes the filing of a notice on the appropriate prosecuting authority. PLEASE SEE THE STATUTE FOR COMPLETE INFORMATION ON THIS NEW LAW.

7. GAMBLING – NEW LAWS

Minn. Stat. 609.76, several NEW LAWS and changes to existing law regarding gambling are now in effect, including the new crimes of "Cheating," "Certain Devices Prohibited," and "Counterfeit Chips." PLEASE SEE THE STATUTE FOR COMPLETE INFORMATION ON THESE NEW LAWS.

Also, as a result of these new law, Minn. Stat. 626.11 was AMENDED, to now allow that search warrants may issue to "an agent of division of alcohol and gambling enforcement who is a licensed peace officer."

 

8. ENHANCEMENT CRIMES – AMENDED

Assault in the Fifth Degree and Domestic Assault

Minn. Stat. 609.224 and 609.2242 were AMENDED, so that now, for purposes of enhancement to a gross misdemeanor or felony, the definition of a "previous conviction" is expanded to include: (1) an adjudication of delinquency, OR (2) a conviction for malicious punishment of a child, or (3) a conviction under any similar law of another state for: assault, (first through fifth degree), domestic assault, criminal sexual conduct (first through fourth degree), malicious punishment of a child or terroristic threats.

Malicious Punishment of a Child

Minn. Stat. 609.377 was AMENDED. Now the crime of Malicious Punishment of a Child is enhanced to a felony when the conduct occurs within five years of discharge from sentence or disposition (juvenile adjudication) for the following offenses: (1) assault (first through fifth degree), (2) domestic assault, (3) criminal sexual conduct (first through fourth degree), (4) malicious punishment of a child, and (5) terroristic threats.

Harassment/Stalking

Minn. Stat. 609.749, Subd. 2 and 4 are AMENDED. The crime of Harassment/Stalking is enhanced to a felony for a second or subsequent violation, which now includes an adjudication of delinquency or a conviction of a similar law from another state for the following offenses: (1) Harassment/Stalking, (2) Assault (first through fifth degree), (3) Domestic Assault, (4) Violation of an Order for Protection or Restraining Order, and (5) Terroristic Threats.

 

Also, the statute now provides that the delivery of letters and messages includes electronically.

Editor’s Note: We appreciate all the ideas for and feedback on the "Anoka County Attorney’s Office Update." Please continue to feel free to contact us with your suggestions and comments. Thank you and have a Happy Holiday Season.

 

 Sean Gibbs, Assistant Anoka County Attorney