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Minnesota Criminal Justice Statute Service
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588.01.3(8)
Statute ID:
13317
Statute Function ID:
29096
Contempt of Court - Constructive - Disobey subpoena or Refuse to be sworn or answer as witness
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Crimes Against Adm of Justice (X) (Rank 18)
Detailed Offense Code:
Contempt (970.03)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
588.01.3(8)
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 1998
Expiration Date:
Repealed?:
No
Summary Text:
Contempt of Court - Constructive - Disobey subpoena or Refuse to be sworn or answer as witness
Statute ID:
13317
Created:
Feb 12, 2010 by mnjis.legal.analyst@state.mn.us
Updated:
Jan 3, 2011 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Corrected
Legal Analyst Comment:
Correction to summary text
Summary Text:
Contempt of Court - Constructive - Disobey subpoena or Refuse to be sworn or answer as witness
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/588/01.html
Legislative Session:
1998 - Regular
Session Law Text?:
No
Statute text last updated on:
Jan 3, 2011
Constructive contempts are those not committed in the immediate presence of the court, and of which it has no personal knowledge, and may arise from any of the following acts or omissions: (1) misbehavior in office, or other willful neglect or violation of duty, by an attorney, court administrator, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service; (2) deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding; (3) disobedience of any lawful judgment, order, or process of the court; (4) assuming to be an attorney or other officer of the court, and acting as such without authority; (5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court; (6) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried; (7) any other unlawful interference with the process or proceedings of a court; (8) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness; (9) when summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the action, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court; (10) disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court, proceeding in an action or special proceeding in any court contrary to law after it has been removed from its jurisdiction, or disobedience of any lawful order or process of a judicial officer; (11) failure or refusal to pay a surcharge levied pursuant to section 357.021, subdivision 6.
