| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.749.5(a)

Statute ID: 18436

Statute Function ID: 37718

Stalking - Engages in Stalking

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/Stalking (171)

Offense Severity Level:

Function Text:

UCR Code

Description

13C

Assault-Intimidation

Flags

Crime of Violence:

Yes

Targeted Misdemeanor:

Predatory Offender Registration Review:

Yes

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:

609.749.5(a)

Enactment Date:

Jun 30, 2021

Effective Date:

Sep 15, 2021

Expiration Date:

Repealed?:

Summary Text:

Stalking - Engages in Stalking

Statute ID:

18436

Created:

Sep 10, 2021 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 12, 2021 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Minor corrections to legislative text per Revisor. No new effective date.

Summary Text:

Stalking - Engages in Stalking

Link to MN Statute Text:

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

Legislative Session:

2021 - Special 1

Session Law Text?:

Statute text last updated on:

Sep 10, 2021

(a) A person who engages in stalking with respect to a single victim or one or more members of a single household which the actor knows or has reason to know would cause the victim under the circumstances to feel terrorized or to fear bodily harm and which does cause this reaction on the part of the victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

(b) For purposes of this subdivision, "stalking" means two or more acts within a five-year period that violate or attempt to violate the provisions of any of the following or a similar law of another state, the United States, the District of Columbia, tribe, or United States territories:

(1) this section;

(2) sections 609.185 to 609.205 (first- to third-degree murder and first- and second-degree manslaughter);

(3) section 609.713 (terroristic threats);

(4) section 609.224 (fifth-degree assault);

(5) section 609.2242 (domestic assault);

(6) section 518B.01, subdivision 14 (violations of domestic abuse orders for protection);

(7) section 609.748, subdivision 6 (violations of harassment restraining orders);

(8) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7) (certain trespass offenses);

(9) section 609.78, subdivision 2 (interference with an emergency call);

(10) section 609.79 (obscene or harassing telephone calls);

(11) section 609.795 (letter, telegram, or package; opening; harassment);

(12) section 609.582 (burglary);

(13) section 609.595 (damage to property);

(14) section 609.765 (criminal defamation);

(15) sections 609.342 to 609.3451 (first- to fifth-degree criminal sexual conduct);

(16) section 609.3458 (sexual extortion); or

(17) section 629.75, subdivision 2 (violations of domestic abuse no contact orders).

(c) Words set forth in parentheses after references to statutory sections in paragraph (b) are mere catchwords included solely for convenience in reference. They are not substantive and may not be used to construe or limit the meaning of the cited statutory provision.