| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; establishing the crime of surreptitious intrusion that does |
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| 3 | 3 | | 1.3 not take place through a window or aperture; establishing the crime of surreptitious |
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| 4 | 4 | | 1.4 intrusion under or around a person's clothing; amending the statute of limitations |
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| 5 | 5 | | 1.5 for the crime of surreptitious intrusion; making technical and conforming changes; |
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| 6 | 6 | | 1.6 amending Minnesota Statutes 2022, sections 243.166, subdivision 1b; 609.746, |
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| 7 | 7 | | 1.7 subdivision 1; 609A.02, subdivision 3; 628.26. |
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| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | 9 | | 1.9 Section 1. Minnesota Statutes 2022, section 243.166, subdivision 1b, is amended to read: |
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| 10 | 10 | | 1.10 Subd. 1b.Registration required.(a) A person shall register under this section if: |
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| 11 | 11 | | 1.11 (1) the person was charged with or petitioned for a felony violation of or attempt to |
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| 12 | 12 | | 1.12violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted |
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| 13 | 13 | | 1.13of or adjudicated delinquent for that offense or another offense arising out of the same set |
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| 14 | 14 | | 1.14of circumstances: |
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| 15 | 15 | | 1.15 (i) murder under section 609.185, paragraph (a), clause (2); |
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| 16 | 16 | | 1.16 (ii) kidnapping under section 609.25; |
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| 17 | 17 | | 1.17 (iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, |
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| 18 | 18 | | 1.18subdivision 3, paragraph (b); or 609.3453; |
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| 19 | 19 | | 1.19 (iv) indecent exposure under section 617.23, subdivision 3; or |
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| 20 | 20 | | 1.20 (v) surreptitious intrusion under the circumstances described in section 609.746, |
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| 21 | 21 | | 1.21subdivision 1, paragraph (f) (h); |
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| 22 | 22 | | 1Section 1. |
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| 33 | 31 | | 2.2aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated |
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| 34 | 32 | | 2.3delinquent for that offense or another offense arising out of the same set of circumstances: |
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| 35 | 33 | | 2.4 (i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b); |
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| 36 | 34 | | 2.5 (ii) false imprisonment in violation of section 609.255, subdivision 2; |
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| 37 | 35 | | 2.6 (iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in |
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| 38 | 36 | | 2.7the sex trafficking of a minor in violation of section 609.322; |
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| 39 | 37 | | 2.8 (iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a); |
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| 40 | 38 | | 2.9 (v) soliciting a minor to engage in sexual conduct in violation of section 609.352, |
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| 41 | 39 | | 2.10subdivision 2 or 2a, clause (1); |
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| 42 | 40 | | 2.11 (vi) using a minor in a sexual performance in violation of section 617.246; or |
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| 43 | 41 | | 2.12 (vii) possessing pornographic work involving a minor in violation of section 617.247; |
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| 44 | 42 | | 2.13 (3) the person was sentenced as a patterned sex offender under section 609.3455, |
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| 45 | 43 | | 2.14subdivision 3a; or |
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| 46 | 44 | | 2.15 (4) the person was charged with or petitioned for, including pursuant to a court martial, |
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| 47 | 45 | | 2.16violating a law of the United States, including the Uniform Code of Military Justice, similar |
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| 48 | 46 | | 2.17to an offense or involving similar circumstances to an offense described in clause (1), (2), |
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| 49 | 47 | | 2.18or (3), and convicted of or adjudicated delinquent for that offense or another offense arising |
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| 50 | 48 | | 2.19out of the same set of circumstances. |
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| 51 | 49 | | 2.20 (b) A person also shall register under this section if: |
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| 52 | 50 | | 2.21 (1) the person was charged with or petitioned for an offense in another state similar to |
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| 53 | 51 | | 2.22an offense or involving similar circumstances to an offense described in paragraph (a), |
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| 54 | 52 | | 2.23clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another |
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| 55 | 53 | | 2.24offense arising out of the same set of circumstances; |
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| 56 | 54 | | 2.25 (2) the person enters this state to reside, work, or attend school, or enters this state and |
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| 57 | 55 | | 2.26remains for 14 days or longer or for an aggregate period of time exceeding 30 days during |
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| 58 | 56 | | 2.27any calendar year; and |
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| 59 | 57 | | 2.28 (3) ten years have not elapsed since the person was released from confinement or, if the |
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| 60 | 58 | | 2.29person was not confined, since the person was convicted of or adjudicated delinquent for |
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| 61 | 59 | | 2.30the offense that triggers registration, unless the person is subject to a longer registration |
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| 62 | 60 | | 2.31period under the laws of another state in which the person has been convicted or adjudicated, |
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| 63 | 61 | | 2.32or is subject to lifetime registration. |
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| 64 | 62 | | 2Section 1. |
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| 66 | 64 | | 3.2state or is subject to lifetime registration, the person shall register for that time period |
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| 67 | 65 | | 3.3regardless of when the person was released from confinement, convicted, or adjudicated |
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| 68 | 66 | | 3.4delinquent. |
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| 69 | 67 | | 3.5 (c) A person also shall register under this section if the person was committed pursuant |
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| 70 | 68 | | 3.6to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter |
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| 71 | 69 | | 3.7253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the |
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| 72 | 70 | | 3.8United States, regardless of whether the person was convicted of any offense. |
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| 73 | 71 | | 3.9 (d) A person also shall register under this section if: |
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| 74 | 72 | | 3.10 (1) the person was charged with or petitioned for a felony violation or attempt to violate |
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| 75 | 73 | | 3.11any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or |
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| 76 | 74 | | 3.12the United States, or the person was charged with or petitioned for a violation of any of the |
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| 77 | 75 | | 3.13offenses listed in paragraph (a), clause (2), or a similar law of another state or the United |
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| 78 | 76 | | 3.14States; |
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| 79 | 77 | | 3.15 (2) the person was found not guilty by reason of mental illness or mental deficiency |
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| 80 | 78 | | 3.16after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in |
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| 81 | 79 | | 3.17states with a guilty but mentally ill verdict; and |
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| 82 | 80 | | 3.18 (3) the person was committed pursuant to a court commitment order under section |
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| 83 | 81 | | 3.19253B.18 or a similar law of another state or the United States. |
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| 84 | 82 | | 3.20 EFFECTIVE DATE.This section is effective August 1, 2023. |
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| 85 | 83 | | 3.21 Sec. 2. Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read: |
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| 86 | 84 | | 3.22 Subdivision 1.Surreptitious intrusion; observation device.(a) A person is guilty of |
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| 87 | 85 | | 3.23a gross misdemeanor who: |
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| 88 | 86 | | 3.24 (1) enters upon another's property; |
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| 89 | 87 | | 3.25 (2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house |
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| 90 | 88 | | 3.26or place of dwelling of another; and |
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| 91 | 89 | | 3.27 (3) does so with intent to intrude upon or interfere with the privacy of a member of the |
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| 92 | 90 | | 3.28household. |
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| 93 | 91 | | 3.29 (b) A person is guilty of a gross misdemeanor who: |
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| 94 | 92 | | 3.30 (1) enters upon another's property; |
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| 95 | 93 | | 3Sec. 2. |
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| 97 | 95 | | 4.2amplifying, or broadcasting sounds or events through the window or any other aperture of |
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| 98 | 96 | | 4.3a house or place of dwelling of another; and |
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| 99 | 97 | | 4.4 (3) does so with intent to intrude upon or interfere with the privacy of a member of the |
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| 100 | 98 | | 4.5household. |
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| 101 | 99 | | 4.6 (c) A person is guilty of a gross misdemeanor who: |
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| 102 | 100 | | 4.7 (1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping |
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| 103 | 101 | | 4.8room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place |
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| 104 | 102 | | 4.9where a reasonable person would have an expectation of privacy and has exposed or is |
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| 105 | 103 | | 4.10likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the |
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| 106 | 104 | | 4.11clothing covering the immediate area of the intimate parts; and |
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| 107 | 105 | | 4.12 (2) does so with intent to intrude upon or interfere with the privacy of the occupant. |
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| 108 | 106 | | 4.13 (d) A person is guilty of a gross misdemeanor who: |
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| 109 | 107 | | 4.14 (1) surreptitiously installs or uses any device for observing, photographing, recording, |
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| 110 | 108 | | 4.15amplifying, or broadcasting sounds or events through the window or other aperture of a |
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| 111 | 109 | | 4.16sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or |
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| 112 | 110 | | 4.17other place where a reasonable person would have an expectation of privacy and has exposed |
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| 113 | 111 | | 4.18or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or |
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| 114 | 112 | | 4.19the clothing covering the immediate area of the intimate parts; and |
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| 115 | 113 | | 4.20 (2) does so with intent to intrude upon or interfere with the privacy of the occupant. |
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| 116 | 114 | | 4.21 (e) A person is guilty of a gross misdemeanor who: |
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| 117 | 115 | | 4.22 (1) uses any device for photographing, recording, or broadcasting an image of an |
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| 118 | 116 | | 4.23individual in a house or place of dwelling, a sleeping room of a hotel as defined in section |
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| 119 | 117 | | 4.24327.70, subdivision 3, a tanning booth, a bathroom, a locker room, a changing room, an |
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| 120 | 118 | | 4.25indoor shower facility, or any place where a reasonable person would have an expectation |
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| 121 | 119 | | 4.26of privacy; and |
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| 122 | 120 | | 4.27 (2) does so with the intent to photograph, record, or broadcast an image of the individual's |
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| 123 | 121 | | 4.28intimate parts, as defined in section 609.341, subdivision 5, without the consent of the |
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| 124 | 122 | | 4.29individual. |
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| 125 | 123 | | 4.30 (f) A person is guilty of a misdemeanor who: |
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| 126 | 124 | | 4Sec. 2. |
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| 128 | 126 | | 5.2or broadcasting an image of an individual's intimate parts, as defined in section 609.341, |
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| 129 | 127 | | 5.3subdivision 5, or the clothing covering the immediate area of the intimate parts; |
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| 130 | 128 | | 5.4 (2) observes, photographs, or records the image under or around the individual's clothing; |
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| 131 | 129 | | 5.5and |
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| 132 | 130 | | 5.6 (3) does so with intent to intrude upon or interfere with the privacy of the individual. |
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| 133 | 131 | | 5.7 (e) (g) A person is guilty of a felony and may be sentenced to imprisonment for not more |
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| 134 | 132 | | 5.8than two years or to payment of a fine of not more than $5,000, or both, if the person: |
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| 135 | 133 | | 5.9 (1) violates this subdivision paragraph (a), (b), (c), (d), or (e) after a previous conviction |
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| 136 | 134 | | 5.10under this subdivision or section 609.749; or |
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| 137 | 135 | | 5.11 (2) violates this subdivision paragraph (a), (b), (c), (d), or (e) against a minor under the |
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| 138 | 136 | | 5.12age of 18, knowing or having reason to know that the minor is present. |
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| 139 | 137 | | 5.13 (f) (h) A person is guilty of a felony and may be sentenced to imprisonment for not more |
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| 140 | 138 | | 5.14than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person |
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| 141 | 139 | | 5.15violates paragraph (b) or, (d), or (e) against a minor victim under the age of 18; (2) the |
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| 142 | 140 | | 5.16person is more than 36 months older than the minor victim; (3) the person knows or has |
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| 143 | 141 | | 5.17reason to know that the minor victim is present; and (4) the violation is committed with |
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| 144 | 142 | | 5.18sexual intent. |
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| 145 | 143 | | 5.19 (i) A person is guilty of a gross misdemeanor if the person: |
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| 146 | 144 | | 5.20 (1) violates paragraph (f) after a previous conviction under this subdivision or section |
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| 147 | 145 | | 5.21609.749; or |
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| 148 | 146 | | 5.22 (2) violates paragraph (f) against a minor under the age of 18, knowing or having reason |
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| 149 | 147 | | 5.23to know that the victim is a minor. |
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| 150 | 148 | | 5.24 (j) A person is guilty of a felony if the person violates paragraph (f) after two or more |
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| 151 | 149 | | 5.25convictions under this subdivision or section 609.749. |
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| 152 | 150 | | 5.26 (g) Paragraphs (k) Paragraph (b) and, (d) do, or (e) does not apply to law enforcement |
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| 153 | 151 | | 5.27officers or corrections investigators, or to those acting under their direction, while engaged |
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| 154 | 152 | | 5.28in the performance of their lawful duties. Paragraphs (c) and, (d), and (e) do not apply to |
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| 155 | 153 | | 5.29conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the |
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| 156 | 154 | | 5.30establishment has posted conspicuous signs warning that the premises are under surveillance |
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| 157 | 155 | | 5.31by the owner or the owner's employees. |
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| 158 | 156 | | 5Sec. 2. |
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| 160 | 158 | | 6.2committed on or after that date. |
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| 161 | 159 | | 6.3 Sec. 3. Minnesota Statutes 2022, section 609A.02, subdivision 3, is amended to read: |
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| 162 | 160 | | 6.4 Subd. 3.Certain criminal proceedings.(a) A petition may be filed under section |
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| 163 | 161 | | 6.5609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict |
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| 164 | 162 | | 6.6if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if: |
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| 165 | 163 | | 6.7 (1) all pending actions or proceedings were resolved in favor of the petitioner. For |
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| 166 | 164 | | 6.8purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution |
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| 167 | 165 | | 6.9in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved |
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| 168 | 166 | | 6.10in favor of the petitioner, if the petitioner received an order under section 590.11 determining |
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| 169 | 167 | | 6.11that the petitioner is eligible for compensation based on exoneration; |
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| 170 | 168 | | 6.12 (2) the petitioner has successfully completed the terms of a diversion program or stay |
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| 171 | 169 | | 6.13of adjudication and has not been charged with a new crime for at least one year since |
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| 172 | 170 | | 6.14completion of the diversion program or stay of adjudication; |
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| 173 | 171 | | 6.15 (3) the petitioner was convicted of or received a stayed sentence for a petty misdemeanor |
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| 174 | 172 | | 6.16or misdemeanor and has not been convicted of a new crime for at least two years since |
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| 175 | 173 | | 6.17discharge of the sentence for the crime; |
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| 176 | 174 | | 6.18 (4) the petitioner was convicted of or received a stayed sentence for a gross misdemeanor |
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| 177 | 175 | | 6.19and has not been convicted of a new crime for at least four years since discharge of the |
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| 178 | 176 | | 6.20sentence for the crime; or |
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| 179 | 177 | | 6.21 (5) the petitioner was convicted of or received a stayed sentence for a felony violation |
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| 180 | 178 | | 6.22of an offense listed in paragraph (b), and has not been convicted of a new crime for at least |
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| 181 | 179 | | 6.23five years since discharge of the sentence for the crime. |
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| 182 | 180 | | 6.24 (b) Paragraph (a), clause (5), applies to the following offenses: |
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| 183 | 181 | | 6.25 (1) section 35.824 (altering livestock certificate); |
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| 184 | 182 | | 6.26 (2) section 62A.41 (insurance regulations); |
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| 185 | 183 | | 6.27 (3) section 86B.865, subdivision 1 (certification for title on watercraft); |
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| 186 | 184 | | 6.28 (4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of |
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| 187 | 185 | | 6.29simulated controlled substance); |
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| 188 | 186 | | 6.30 (5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, |
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| 189 | 187 | | 6.31subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm); |
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| 190 | 188 | | 6Sec. 3. |
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| 192 | 190 | | 7.2 (7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading); |
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| 193 | 191 | | 7.3 (8) section 256.984 (false declaration in assistance application); |
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| 194 | 192 | | 7.4 (9) section 296A.23, subdivision 2 (willful evasion of fuel tax); |
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| 195 | 193 | | 7.5 (10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances); |
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| 196 | 194 | | 7.6 (11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor); |
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| 197 | 195 | | 7.7 (12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices |
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| 198 | 196 | | 7.8and solicitations); |
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| 199 | 197 | | 7.9 (13) section 346.155, subdivision 10 (failure to control regulated animal); |
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| 200 | 198 | | 7.10 (14) section 349.2127; or 349.22 (gambling regulations); |
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| 201 | 199 | | 7.11 (15) section 588.20 (contempt); |
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| 202 | 200 | | 7.12 (16) section 609.27, subdivision 1, clauses (2) to (5) (coercion); |
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| 203 | 201 | | 7.13 (17) section 609.31 (leaving state to evade establishment of paternity); |
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| 204 | 202 | | 7.14 (18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil |
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| 205 | 203 | | 7.15commitment for mental illness); |
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| 206 | 204 | | 7.16 (19) section 609.49 (failure to appear in court); |
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| 207 | 205 | | 7.17 (20) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other theft |
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| 208 | 206 | | 7.18offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1) (theft |
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| 209 | 207 | | 7.19of $1,000 or less with risk of bodily harm); |
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| 210 | 208 | | 7.20 (21) section 609.525 (bringing stolen goods into state); |
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| 211 | 209 | | 7.21 (22) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods); |
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| 212 | 210 | | 7.22 (23) section 609.527, subdivision 5b (possession or use of scanning device or reencoder); |
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| 213 | 211 | | 7.23609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit check); or |
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| 214 | 212 | | 7.24609.529 (mail theft); |
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| 215 | 213 | | 7.25 (24) section 609.53 (receiving stolen goods); |
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| 216 | 214 | | 7.26 (25) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over |
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| 217 | 215 | | 7.27$500); |
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| 218 | 216 | | 7.28 (26) section 609.54, clause (1) (embezzlement of public funds $2,500 or less); |
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| 219 | 217 | | 7.29 (27) section 609.551 (rustling and livestock theft); |
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| 220 | 218 | | 7Sec. 3. |
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| 222 | 220 | | 8.2 (29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires); |
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| 223 | 221 | | 8.3 (30) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph |
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| 224 | 222 | | 8.4(a) (criminal damage to property); |
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| 225 | 223 | | 8.5 (31) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse); |
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| 226 | 224 | | 8.6 (32) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4, |
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| 227 | 225 | | 8.7clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false pretense); |
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| 228 | 226 | | 8.8609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements); |
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| 229 | 227 | | 8.9 (33) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision |
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| 230 | 228 | | 8.104, paragraph (a) (lottery fraud); |
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| 231 | 229 | | 8.11 (34) section 609.652 (fraudulent driver's license and identification card); |
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| 232 | 230 | | 8.12 (35) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or |
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| 233 | 231 | | 8.13609.66, subdivision 1b (furnishing firearm to minor); |
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| 234 | 232 | | 8.14 (36) section 609.662, subdivision 2, paragraph (b) (duty to render aid); |
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| 235 | 233 | | 8.15 (37) section 609.686, subdivision 2 (tampering with fire alarm); |
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| 236 | 234 | | 8.16 (38) section 609.746, subdivision 1, paragraph (e) (g) (interference with privacy; |
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| 237 | 235 | | 8.17subsequent violation or minor victim); |
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| 238 | 236 | | 8.18 (39) section 609.80, subdivision 2 (interference with cable communications system); |
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| 239 | 237 | | 8.19 (40) section 609.821, subdivision 2 (financial transaction card fraud); |
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| 240 | 238 | | 8.20 (41) section 609.822 (residential mortgage fraud); |
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| 241 | 239 | | 8.21 (42) section 609.825, subdivision 2 (bribery of participant or official in contest); |
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| 242 | 240 | | 8.22 (43) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with transit |
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| 243 | 241 | | 8.23operator); |
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| 244 | 242 | | 8.24 (44) section 609.88 (computer damage); or 609.89 (computer theft); |
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| 245 | 243 | | 8.25 (45) section 609.893, subdivision 2 (telecommunications and information services fraud); |
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| 246 | 244 | | 8.26 (46) section 609.894, subdivision 3 or 4 (cellular counterfeiting); |
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| 247 | 245 | | 8.27 (47) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual |
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| 248 | 246 | | 8.28property); |
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| 249 | 247 | | 8.29 (48) section 609.896 (movie pirating); |
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| 250 | 248 | | 8Sec. 3. |
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| 252 | 250 | | 9.2subdivision 1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2 |
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| 253 | 251 | | 9.3(transfer of pistol to ineligible person); or |
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| 254 | 252 | | 9.4 (50) section 624.7181 (rifle or shotgun in public by minor). |
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| 255 | 253 | | 9.5 EFFECTIVE DATE.This section is effective August 1, 2023. |
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| 256 | 254 | | 9.6 Sec. 4. Minnesota Statutes 2022, section 628.26, is amended to read: |
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| 257 | 255 | | 9.7 628.26 LIMITATIONS. |
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| 258 | 256 | | 9.8 (a) Indictments or complaints for any crime resulting in the death of the victim may be |
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| 259 | 257 | | 9.9found or made at any time after the death of the person killed. |
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| 260 | 258 | | 9.10 (b) Indictments or complaints for a violation of section 609.25 may be found or made |
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| 261 | 259 | | 9.11at any time after the commission of the offense. |
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| 262 | 260 | | 9.12 (c) Indictments or complaints for violation of section 609.282 may be found or made at |
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| 263 | 261 | | 9.13any time after the commission of the offense if the victim was under the age of 18 at the |
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| 264 | 262 | | 9.14time of the offense. |
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| 265 | 263 | | 9.15 (d) Indictments or complaints for violation of section 609.282 where the victim was 18 |
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| 266 | 264 | | 9.16years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), |
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| 267 | 265 | | 9.17shall be found or made and filed in the proper court within six years after the commission |
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| 268 | 266 | | 9.18of the offense. |
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| 269 | 267 | | 9.19 (e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and |
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| 270 | 268 | | 9.20609.3458 may be found or made at any time after the commission of the offense. |
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| 271 | 269 | | 9.21 (f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision |
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| 272 | 270 | | 9.222, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court |
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| 273 | 271 | | 9.23within six years after the commission of the offense. |
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| 274 | 272 | | 9.24 (g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, |
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| 275 | 273 | | 9.25paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where |
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| 276 | 274 | | 9.26the value of the property or services stolen is more than $35,000, or for violation of section |
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| 277 | 275 | | 9.27609.527 where the offense involves eight or more direct victims or the total combined loss |
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| 278 | 276 | | 9.28to the direct and indirect victims is more than $35,000, shall be found or made and filed in |
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| 279 | 277 | | 9.29the proper court within five years after the commission of the offense. |
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| 280 | 278 | | 9.30 (h) Except for violations relating to false material statements, representations or |
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| 281 | 279 | | 9.31omissions, indictments or complaints for violations of section 609.671 shall be found or |
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| 282 | 280 | | 9.32made and filed in the proper court within five years after the commission of the offense. |
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| 283 | 281 | | 9Sec. 4. |
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| 285 | 283 | | 10.2or made and filed in the proper court within five years after the commission of the offense. |
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| 286 | 284 | | 10.3 (j) Indictments or complaints for violation of section 609.746 shall be found or made |
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| 287 | 285 | | 10.4and filed in the proper court within the later of three years after the commission of the |
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| 288 | 286 | | 10.5offense or three years after the offense was reported to law enforcement authorities. |
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| 289 | 287 | | 10.6 (j) (k) In all other cases, indictments or complaints shall be found or made and filed in |
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| 290 | 288 | | 10.7the proper court within three years after the commission of the offense. |
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| 291 | 289 | | 10.8 (k) (l) The limitations periods contained in this section shall exclude any period of time |
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| 292 | 290 | | 10.9during which the defendant was not an inhabitant of or usually resident within this state. |
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| 293 | 291 | | 10.10 (l) (m) The limitations periods contained in this section for an offense shall not include |
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| 294 | 292 | | 10.11any period during which the alleged offender participated under a written agreement in a |
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| 295 | 293 | | 10.12pretrial diversion program relating to that offense. |
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| 296 | 294 | | 10.13 (m) (n) The limitations periods contained in this section shall not include any period of |
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| 297 | 295 | | 10.14time during which physical evidence relating to the offense was undergoing DNA analysis, |
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| 298 | 296 | | 10.15as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or |
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| 299 | 297 | | 10.16law enforcement agency purposefully delayed the DNA analysis process in order to gain |
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| 300 | 298 | | 10.17an unfair advantage. |
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| 301 | 299 | | 10.18 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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