| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

243.166.5

Statute ID: 17480

Statute Function ID: 36451

Predatory Offender - Criminal penalty

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

243.166.5

Enactment Date:

May 25, 2019

Effective Date:

Aug 1, 2019

Expiration Date:

Repealed?:

Summary Text:

Predatory Offender - Criminal penalty

Statute ID:

17480

Created:

Jul 10, 2019 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 10, 2019 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2019 ss 1 c 5 art 5 sect 9; Effective 08/01/2019; renumber (a) to (a)(1) and (a)(2)

Summary Text:

Predatory Offender - Criminal penalty

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/243/166.html

Legislative Session:

2019 - Regular

Session Law Text?:

Statute text last updated on:

Jul 10, 2019

(a) A person required to register under this section who was given notice, knows, or reasonably should know of the duty to register and who:

(1) knowingly commits an act or fails to fulfill a requirement that violates any provision of this section; or

(2) intentionally provides false information to a corrections agent, law enforcement authority, or the bureau 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.

(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a) shall be committed to the custody of the commissioner of corrections for not less than a year and a day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has previously been convicted of or adjudicated delinquent for violating this section or a similar statute of another state or the United States, shall be committed to the custody of the commissioner of corrections for not less than two years, nor more than five years.

(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by this subdivision. The motion must be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds substantial and compelling reasons to do so. Sentencing a person in the manner described in this paragraph is a departure from the Sentencing Guidelines.

(e) A person convicted and sentenced as required by this subdivision is not eligible for probation, parole, discharge, work release, conditional release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.