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609.748.6(d)(4)

Statute ID: 14672

Statute Function ID: 31792

Harassment; Restraining Order - Violate while possessing dangerous weapon

In Effect

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Charge

Classifications

Offense Level:

Felony (F)

General Offense Code:

Person (1)

Offense Summary Code & Rank:

Harassment/Stalking/Bias (NA) (Rank 10)

Detailed Offense Code:

Harassment Restraining Order (170.02)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Yes

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.748.6(d)(4)

Enactment Date:

May 8, 2013

Effective Date:

Aug 1, 2013

Expiration Date:

Repealed?:

Summary Text:

Harassment; Restraining Order - Violate while possessing dangerous weapon

Statute ID:

14672

Created:

Jul 12, 2013 by mnjis.legal.analyst@state.mn.us

Updated:

May 3, 2017 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2013 c 47 sect 4; Eliminates "knowingly" in (c) and (d)

Summary Text:

Harassment; Restraining Order - Violate while possessing dangerous weapon

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/748.html

Legislative Session:

2013 - Regular

Session Law Text?:

Statute text last updated on:

Jul 12, 2013

(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.
(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).