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629.75.2(d)(2)

Statute ID: 14684

Statute Function ID: 31808

Violate No Contact Order - Possess Dangerous Weapon

In Effect

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Charge

Classifications

Offense Level:

Felony (F)

General Offense Code:

Person (1)

Offense Summary Code & Rank:

Assault - Domestic (AD) (Rank 5)

Detailed Offense Code:

Domestic Abuse No Contact Order (170.04)

Offense Severity Level:

Function Text:

UCR Code

Description

520

Weapon Law Violations

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:

629.75.2(d)(2)

Enactment Date:

May 8, 2013

Effective Date:

Aug 1, 2013

Expiration Date:

Repealed?:

Summary Text:

Violate No Contact Order - Possess Dangerous Weapon

Statute ID:

14684

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:

2013 c 47 sect 5; eliminates "knowingly" in (c) and (d); adds exception language in (b)

Summary Text:

Violate No Contact Order - Possess Dangerous Weapon

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/629/75.html

Legislative Session:

2013 - Regular

Session Law Text?:

Statute text last updated on:

Jul 12, 2013

(a) As used in this subdivision "qualified domestic violence-related offense" has the meaning given in section 609.02, subdivision 16.
(b) Except as otherwise provided in paragraphs (c) and (d), a person who knows of the existence of a domestic abuse no contact order issued against the person and violates the order is guilty of a misdemeanor.
(c) A person is guilty of a gross misdemeanor who violates this subdivision within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under this paragraph,the defendant must be sentenced to a minimum of ten days' imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court as provided in section 518B.02. Notwithstanding section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for gross misdemeanor convictions.
(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 this subdivision:
(1) within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency; or
(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6. Upon a felony conviction under this paragraph in which the court stays imposition or execution of sentence, the court shall impose at least a 30-day period of incarceration as a condition of probation. The court also shall order that the defendant participate in counseling or other appropriate programs selected by the court. Notwithstanding section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for felony convictions.