Subd. 7a. Curfew.
A county board may adopt an ordinance establishing a countywide curfew for unmarried persons under 18 years of age. If the county board of a county located in the seven-county metropolitan area adopts a curfew ordinance under this subdivision, the ordinance shall contain an earlier curfew for children under the age of 12 than for older children.
(Top) Subdivision 1. Intentional murder; drive-by shootings.
Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, clause (3).
Subd. 1e. Felony; Drive-By Shooting.
(a) Whoever, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward another motor vehicle or a building is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
(b) Any person who violates this subdivision by firing at or toward a person, or an occupied building or motor vehicle, 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.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section 609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision 2.
A person who commits a crime for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang, with the intent to promote, further, or assist in criminal conduct by gang members is guilty of a crime and may be sentenced as provided in subdivision 3.
(a) If the crime committed in violation of subdivision 2 is a felony, the statutory maximum for the crime is five years longer than the statutory maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $15,000, or both.
(a) Unless a longer mandatory minimum sentence is otherwise required by law, or the court imposes a longer aggravated durational departure, or a longer prison sentence is presumed under the sentencing guidelines and imposed by the court, a person convicted of a crime described in subdivision 3, paragraph (a), shall be committed to the custody of the commissioner of corrections for not less than one year plus one day.
(b) Any person convicted and sentenced as required by paragraph (a) is not eligible for probation, parole, discharge, work release, or supervised release until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 242.19, 243.05, 244.04, 609.12, and 609.135.
(Top) Subdivision 1. Establishment.
The bureau shall administer and maintain a computerized criminal gang investigative data system for the purpose of assisting criminal justice agencies in the investigation and prosecution of criminal activity by gang members. The system consists of data on individuals whom law enforcement agencies determine are or may be engaged in criminal gang activity. Notwithstanding section 260B.171, subdivision 5, data on adults and juveniles in the system and data documenting an entry in the system may be maintained together. Data in the system must be submitted and maintained as provided in this section.
Subd. 2. Entry of data into system.
(a) A law enforcement agency may submit data on an individual to the criminal gang investigative data system only if the agency obtains and maintains the documentation required under this subdivision. Documentation may include data obtained from other criminal justice agencies, provided that a record of all of the documentation required under paragraph (b) is maintained by the agency that submits the data to the bureau. Data maintained by a law enforcement agency to document an entry in the system are confidential data on individuals as defined in section 13.02, subdivision 3, but may be released to criminal justice agencies.
(b) A law enforcement agency may submit data on an individual to the bureau for inclusion in the system if the individual is 14 years of age or older and the agency has documented that:
(1) the individual has met at least three of the criteria or identifying characteristics of gang membership developed by the Gang and Drug Oversight Council under section 299A.641, subdivision 3, clause (7), as required by the council; and
(2) the individual has been convicted of a gross misdemeanor or felony or has been adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross misdemeanor or felony if committed by an adult.
Subd. 3. Classification of data in system.
Data in the criminal gang investigative data system are confidential data on individuals as defined in section 13.02, subdivision 3, but are accessible to law enforcement agencies and may be released to the criminal justice agencies.
Subd. 4. Audit of data submitted to system.
The bureau shall conduct periodic random audits of data under subdivision 2 that documents inclusion of an individual in the criminal gang investigative data system for the purpose of determining the validity, completeness, and accuracy of data submitted to the system. The bureau has access to the documenting data for purposes of conducting an audit.
Subd. 5. Removal of data from system.
Notwithstanding section 138.17, the bureau shall destroy data entered into the system when three years have elapsed since the data were entered into the system, except as otherwise provided in this subdivision. If the bureau has information that the individual has been convicted as an adult, or has been adjudicated or has a stayed adjudication as a juvenile for an offense that would be a crime if committed by an adult, since entry of the data into the system, the data must be maintained until three years have elapsed since the last record of a conviction or adjudication or stayed adjudication of the individual. Upon request of the law enforcement agency that submitted data to the system, the bureau shall destroy the data regardless of whether three years have elapsed since the data were entered into the system.
Each district may make a levy on all taxable property located within the district for the purposes specified in this section. The maximum amount which may be levied for all costs under this section shall be equal to $27 multiplied by the district's adjusted marginal cost pupil units for the school year. The proceeds of the levy must be reserved and used for directly funding the following purposes or for reimbursing the cities and counties that contract with the district for the following purposes: (1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in services in the district's schools; (2) to pay the costs for a drug abuse prevention program as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3) to pay the costs for a gang resistance education training curriculum in the district's schools; (4) to pay the costs for security in the district's schools and on school property; or (5) to pay the costs for other crime prevention, drug abuse, student and staff safety, and violence prevention measures taken by the school district. For expenditures under clause (1), the district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services. If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries.
(Top) Subdivision 1. Oversight council established.
The Gang and Drug Oversight Council is established to provide guidance related to the investigation and prosecution of gang and drug crime.
Subd. 2. Membership.
The oversight council shall consist of the following individuals or their designees:
(1) the director of the office of special investigations as the representative of the commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension as the representative of the commissioner of public safety;
(3) the attorney general;
(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, two of whom must be selected from cities with populations greater than 200,000;
(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each district, two of whom must be selected from counties with populations greater than 500,000;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County Attorneys Association;
(8) a command-level representative of a gang strike force;
(9) a representative from a drug task force, selected by the Minnesota State Association of Narcotics Investigators;
(10) a representative from the United States Drug Enforcement Administration;
(11) a representative from the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from the Federal Bureau of Investigation;
(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement Association; and
(14) two additional members who may be selected by the oversight council.
The oversight council may adopt procedures to govern its conduct as necessary and may select a chair from among its members.
Subd. 3. Oversight council's duties.
The oversight council shall develop an overall strategy to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota. This strategy may include the development of protocols and procedures to investigate gang and drug crime and a structure for best addressing these issues in a multijurisdictional manner. Additionally, the oversight council shall:
(1) identify and recommend a candidate or candidates for statewide coordinator to the commissioner of public safety;
(2) establish multijurisdictional task forces and strike forces to combat gang and drug crime, to include a metro gang strike force and a gang strike force located in the St. Cloud metropolitan area;
(3) assist the Department of Public Safety in developing an objective grant review application process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on grants to support efforts to combat gang and drug crime;
(5) assist in developing a process to collect and share information to improve the investigation and prosecution of drug offenses;
(6) develop and approve an operational budget for the office of the statewide coordinator and the oversight council; and
(7) adopt criteria and identifying characteristics for use in determining whether individuals are or may be members of gangs involved in criminal activity.
Subd. 4. Statewide coordinator.
The current gang strike force commander shall serve as a transition coordinator until July 1, 2006, at which time the commissioner of public safety shall appoint a statewide coordinator as recommended by the oversight council. The coordinator serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang and drug enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat gang and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) implement an outcome evaluation and a data quality control process.
Subd. 5. Participating officers; employment status.
All participating law enforcement officers must be licensed peace officers as defined in section 626.84, subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453. Participating officers remain employees of the same entity that employed them before joining any multijurisdictional entity established under this section. Participating officers are not employees of the state.
Subd. 6. Jurisdiction and powers.
Law enforcement officers participating in any multijurisdictional entity established under this section have statewide jurisdiction to conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff.
Subd. 7. Grants authorized.
The commissioner of public safety, upon recommendation of the council, may make grants to state and local units of government to combat gang and drug crime.
Subd. 8. Oversight council is permanent.
Notwithstanding section 15.059, this section does not expire.
Subd. 9. Funding.
Participating agencies may accept lawful grants or contributions from any federal source or legal business or entity.
Subd. 10. Role of attorney general.
The attorney general or a designee shall generally advise on any matters that the oversight council deems appropriate.
Subd. 11. Attorney general; community liaison.
(a) The attorney general or a designee shall serve as a liaison between the oversight council and the councils created in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or designee will be responsible for:
(1) informing the councils of the plans, activities, and decisions and hearing their reactions to those plans, activities, and decisions; and
(2) providing the oversight council with the councils' position on the oversight council's plan, activities, and decisions.
(b) In no event is the oversight council required to disclose the names of individuals identified by it to the councils referenced in this subdivision.
(c) Nothing in this subdivision changes the data classification of any data held by the oversight council.
Subd. 12. Required report.
By February 1 of each year, the council shall report to the chairs of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding on the activities of the council and any strike or task forces. This annual report shall include:
(1) a description of the council's goals for the previous year and for the coming year;
(2) a description of the outcomes the council achieved or did not achieve during the preceding year and a description of the outcomes the council will seek to achieve during the coming year; and
(3) any legislative recommendations the council has including and, where necessary, a description of the specific legislation needed to implement the recommendations.
Subdivision 1. Crime.
A person is guilty of a crime and may be sentenced as provided in subdivision 2 if the person is an adult and solicits or conspires with a minor to commit a crime or delinquent act or is an accomplice to a minor in the commission of a crime or delinquent act.
Subd. 2. Sentence.
(a) A person who violates subdivision 1 is guilty of a misdemeanor if the intended criminal act is a misdemeanor or would be a misdemeanor if committed by an adult, and is guilty of a gross misdemeanor if the intended criminal act is a gross misdemeanor or would be a gross misdemeanor if committed by an adult.
(b) A person who violates subdivision 1 is guilty of a felony if the intended criminal act is a felony or would be a felony if committed by an adult, and may be sentenced to imprisonment for not more than one-half the statutory maximum term for the intended criminal act or to payment of a fine of not more than one-half the maximum fine for the intended criminal act, or both.
Subd. 3. Multiple sentences.
Notwithstanding section 609.04, a prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 4. Consecutive sentences.
Notwithstanding any provision of the Sentencing Guidelines, the court may provide that a sentence imposed for a violation of this section shall run consecutively to any sentence imposed for the intended criminal act. A decision by the court to impose consecutive sentences under this subdivision is not a departure from the Sentencing Guidelines.
Subd. 5. Definition.
"Solicit" means commanding, entreating, or attempting to persuade a specific person.
Subdivision 1. Threaten violence; intent to terrorize.
Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience 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. As used in this subdivision, "crime of violence" has the meaning given "violent crime" in section 609.1095, subdivision 1, paragraph (d).
Subd. 2. Communicates to terrorize.
Whoever communicates to another with purpose to terrorize another or in reckless disregard of the risk of causing such terror, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $3,000, or both.
Subd. 3. Display replica of firearm.
(a) Whoever displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner, may be sentenced to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both, if, in doing so, the person either:
(1) causes or attempts to cause terror in another person; or
(2) acts in reckless disregard of the risk of causing terror in another person.
(b) For purposes of this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter; and
(2) "replica firearm" means a device or object that is not defined as a dangerous weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm. The term replica firearm includes, but is not limited to, devices or objects that are designed to fire only blanks.
(Top)Subdivision 1. Definitions.
As used in this section:
(1) "place of public accommodation" has the meaning given in section 363A.03, subdivision 34, but excludes recreational trails;
(2) "criminal gang" has the meaning given in section 609.229, subdivision 1; and
(3) "obscene" has the meaning given in section 617.241, subdivision 1.
Subd. 2. Prohibition.
(a) A place of public accommodation may not restrict access, admission, or usage to a person solely because the person operates a motorcycle or is wearing clothing that displays the name of an organization or association.
(b) This subdivision does not prohibit the restriction of access, admission, or usage to a person because:
(1) the person's conduct poses a risk to the health or safety of another or to the property of another; or
(2) the clothing worn by the person is obscene or includes the name or symbol of a criminal gang.
Subd. 3. Civil cause of action.
A person injured by a violation of subdivision 2 may bring an action for actual damages, punitive damages under sections 549.191 and 549.20 in an amount not to exceed $500, injunctive relief, and reasonable attorney fees in an amount not to exceed $500.
Subd. 4. Violation not a crime.
Notwithstanding section 645.241, a violation of subdivision 2 is not a crime.
(Top)As used in this section, "criminal gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that:
(1) has, as one of its primary activities, the commission of one or more of the offenses listed in section 609.11, subdivision 9;
(2) has a common name or common identifying sign or symbol; and
(3) includes members who individually or collectively engage in or have engaged in a pattern of criminal activity.
"Gang activity" means the commission of one or more of the offenses listed in section 609.11, subdivision 9; criminal damage to property in the first or second degree under section 609.595, subdivision 1 or 1a; trespass under section 609.605; or disorderly conduct under section 609.72.
Minnesota § 617.92 Public Nuisance.
(Public Nuisance/Premises Used by Gangs)
Subdivision 1. Gang activities.
A criminal gang that continuously or regularly engages in gang activities is a public nuisance.
Subd. 2. Use of place.
The continuous or regular use of a place by a lessee or tenant to engage in or allow gang activity by a criminal gang that is knowingly permitted by the owner or a person who is responsible for maintaining the place on behalf of the owner is a public nuisance.
Subdivision 1. Definition. For purposes of this section, "graffiti" means unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratchings, or etchings are visible from premises open to the public.
Subd. 2. Cause of action. An action for damage to property caused by graffiti may be brought by the owner of public or private property on which graffiti has been placed. Damages may be recovered for three times the cost of restoring the property, or the court may order a defendant to perform the work of restoring the property. Damages may be recovered from an individual who placed graffiti on public or private real or personal property or from the parent of a minor individual. The liability of the parent is limited to the amount specified in section 540.18. The court may award attorney fees and costs to a prevailing plaintiff.
(Top)Subdivision 1. Crime.
A person is guilty of a crime and may be sentenced as provided in subdivision 2 if the person is an adult and solicits or conspires with a minor to commit a crime or delinquent act or is an accomplice to a minor in the commission of a crime or delinquent act.
Subd. 2. Sentence.
(a) A person who violates subdivision 1 is guilty of a misdemeanor if the intended criminal act is a misdemeanor or would be a misdemeanor if committed by an adult, and is guilty of a gross misdemeanor if the intended criminal act is a gross misdemeanor or would be a gross misdemeanor if committed by an adult.
(b) A person who violates subdivision 1 is guilty of a felony if the intended criminal act is a felony or would be a felony if committed by an adult, and may be sentenced to imprisonment for not more than one-half the statutory maximum term for the intended criminal act or to payment of a fine of not more than one-half the maximum fine for the intended criminal act, or both.
Subd. 3. Multiple sentences.
Notwithstanding section 609.04, a prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 4. Consecutive sentences.
Notwithstanding any provision of the Sentencing Guidelines, the court may provide that a sentence imposed for a violation of this section shall run consecutively to any sentence imposed for the intended criminal act. A decision by the court to impose consecutive sentences under this subdivision is not a departure from the Sentencing Guidelines.
Subd. 5. Definition.
"Solicit" means commanding, entreating, or attempting to persuade a specific person.
(Top)Subdivision 1. Gang activities.
A criminal gang that continuously or regularly engages in gang activities is a public nuisance.
Subd. 2. Use of place.
The continuous or regular use of a place by a lessee or tenant to engage in or allow gang activity by a criminal gang that is knowingly permitted by the owner or a person who is responsible for maintaining the place on behalf of the owner is a public nuisance.
(a) A county or city attorney or the attorney general may sue to enjoin a public nuisance under sections 617.91 to 617.97.
(b) A person who continuously or regularly engages in gang activity as a member of a criminal gang may be made a defendant in a suit.
(c) If the public nuisance involves the use of a place as provided in section 617.92, subdivision 2, the owner or a person who is responsible for maintaining the place on behalf of the owner may be made a defendant in the suit pursuant to the procedures applicable to owners under sections 617.81 to 617.87.
(a) If the court finds, by a preponderance of the evidence, that a criminal gang constitutes a public nuisance, the court may enter a temporary or permanent order:
(1) Enjoining a defendant in the suit from engaging in the gang activities; and
(2) Imposing other reasonable requirements to prevent the defendant from engaging in future gang activities.
(b) "Reasonable requirement" as specified in paragraph (a), clause (2), means an injunctive limitation on gang behavior and social interaction that reduces the opportunity for gang activity. The court in imposing reasonable requirements must balance state interests in public safety against constitutional freedoms.
(c) If the court finds, by a preponderance of the evidence, that a place is continuously or regularly used in a manner that constitutes a public nuisance, the court may include in its order reasonable requirements to prevent the use of the place for gang activity. This may include cancellation of any applicable lease pursuant to the procedures in section 617.85 that may involve any tenant or lessee who has maintained or conducted the public nuisance, or other reasonable requirements established in the order.
(a) In an action brought under sections 617.91 to 617.97, proof that gang activity by a member of a criminal gang is continuously or regularly committed at a place or proof that a place is continuously or regularly used for engaging in gang activity by a member of a criminal gang is prima facie evidence that the person who owns or is responsible for maintaining the place knowingly permitted the act.
(b) Paragraph (a) does not apply if the person who owns or is responsible for maintaining the place proves, by a preponderance of the evidence, that the person has made reasonable efforts to prevent the occurrence of the gang activity, which may include cancellation of or an attempt to cancel the lease.