| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.749.2(b)(2)

Statute ID: 17788

Statute Function ID: 36870

Harassment - Reasonable fear that family or household member subject to substantial bodily harm

In Effect

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Charge

Classifications

Offense Level:

Gross Misdemeanor (GM)

General Offense Code:

Person (1)

Offense Summary Code & Rank:

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

Detailed Offense Code:

Harassment/Stalking (171)

Offense Severity Level:

Function Text:

UCR Code

Description

13C

Assault-Intimidation

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:

609.749.2(b)(2)

Enactment Date:

May 18, 2020

Effective Date:

Aug 1, 2020

Expiration Date:

Repealed?:

Summary Text:

Harassment - Reasonable fear that family or household member subject to substantial bodily harm

Statute ID:

17788

Created:

Jul 21, 2020 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 21, 2020 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Gross Misdemeanor; Effective 08/01/2020; QDVR yes

Summary Text:

Harassment - Reasonable fear that family or household member subject to substantial bodily harm

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/749.html

Legislative Session:

2020 - Regular

Session Law Text?:

Statute text last updated on:

Jul 21, 2020

(a) As used in this subdivision, the following terms have the meanings given:

(1) "family or household members" has the meaning given in section 518B.01, subdivision 2, paragraph (b);

(2) "personal information" has the meaning given in section 617.261, subdivision 7, paragraph (f);

(3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph (g); and

(4) "substantial emotional distress" means mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act including but not limited to seeking psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.

(b) A person who commits any of the acts listed in paragraph (c) is guilty of a gross misdemeanor if the person, with the intent to kill, injure, harass, or intimidate another person:

(1) places the other person in reasonable fear of substantial bodily harm;

(2) places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or

(3) causes or would reasonably be expected to cause substantial emotional distress to the other person.

(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available technological or other means;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, messages, packages, through assistive devices for people with vision impairments or hearing loss, or any communication made through any available technologies or other objects;

(7) knowingly makes false allegations against a peace officer concerning the officer's performance of official duties with intent to influence or tamper with the officer's performance of official duties; or

(8) uses another's personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person.