| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.749.3(a)(1)

Statute ID: 19336

Statute Function ID: 38984

Harassment - Aggravated Violations - Commit Because of Bias

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 - motivated by bias (171.01)

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:

609.749.3(a)(1)

Enactment Date:

May 19, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Harassment - Aggravated Violations - Commit Because of Bias

Statute ID:

19336

Created:

Jul 17, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 17, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amend 2023 C52 Art4 Sect18; Amendment to (a)(1)

Summary Text:

Harassment - Aggravated Violations - Commit Because of Bias

Link to MN Statute Text:

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

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 17, 2023

(a) A person who commits any of the following acts 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:

(1) commits any offense described in subdivision 2 in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03;
 
(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;

(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or
 
(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.

(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, 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.