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325E.319.2(a)

Statute ID: 14953

Statute Function ID: 32376

Wireless Communication Devices - Fail to keep written purchase or acquistion record requirements

In Effect

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Charge

Classifications

Offense Level:

Petty Misdemeanor (PM)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Other/Status/Misc (M) (Rank 30)

Detailed Offense Code:

Miscellaneous (999)

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:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

325E.319.2(a)

Enactment Date:

May 14, 2014

Effective Date:

Jul 1, 2014

Expiration Date:

Repealed?:

Summary Text:

Wireless Communication Devices - Fail to keep written purchase or acquistion record requirements

Statute ID:

14953

Created:

Jun 10, 2014 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 10, 2014 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2014 c 241 art2 s 1; Charge; Misdemeanor; Petty if Certified Flag

Summary Text:

Wireless Communication Devices - Fail to keep written purchase or acquistion record requirements

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/325E/319.html

Legislative Session:

2014 - Regular

Session Law Text?:

Statute text last updated on:

Jun 10, 2014

(a) Every wireless communications device dealer, including an agent, employee, or representative of the dealer, but not an internet marketplace, shall keep a written record at the time of each purchase or acquisition of a used wireless communications device for resale. The record must include the following and may be kept in electronic form:
(1) an accurate account or description of the wireless communications device purchased or acquired;
(2) the date, time, and place or the online platform the wireless communications device was purchased or acquired;
(3) the name and address of the person selling or delivering the wireless communications device;
(4) the number of the check or electronic transfer used to purchase the wireless communications device;
(5) the number of the seller's driver's license, Minnesota identification card number, or other identification number from an identification document issued by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date, and signature; and
(6) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the wireless communications device is not stolen and is free of any liens or encumbrances and the seller has the right to sell it.
(b) Records required to be maintained under this subdivision shall be retained by the wireless communications device dealer for a period of three years.
(c) The record, as well as the wireless communications device purchased or received, shall at all reasonable times be available for inspection by any law enforcement agency.
(d) No record is required for wireless communications devices purchased from merchants, manufacturers, or wholesale dealers having an established place of business, but a bill of sale or other evidence of open or legitimate purchase of the wireless communications device shall be obtained and kept by the wireless communications device dealer, which must be shown upon demand to any law enforcement agency.
(e) Except as otherwise provided in this section, a wireless communications device dealer or the dealer's agent, employee, or representative may not disclose personal information received pursuant to paragraph (a) concerning a customer without the customer's consent unless the disclosure is made in response to a request from a law enforcement agency. A wireless communications device dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information. For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).