Bill Text: MN SF102 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Criminal sexual conduct in the first degree penalty increase
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-24 - Referred to Judiciary and Public Safety [SF102 Detail]
Download: Minnesota-2011-SF102-Introduced.html
1.2relating to crime; increasing the penalty for criminal sexual conduct in the first
1.3degree;amending Minnesota Statutes 2010, section 609.342, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 609.342, subdivision 2, is amended to read:
1.6 Subd. 2. Penalty. (a) Except as otherwise provided in section609.3455 ; or
1.7Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
1.8be sentenced to imprisonment for not more than 30 years or to a payment of a fine of
1.9not more than $40,000, or both.
1.10(b) Unless a longer mandatory minimum sentence is otherwise required by law
1.11or the Sentencing Guidelines provide for a longer presumptive executed sentence, the
1.12court shall presume that an executed sentence of144 300 months must be imposed on an
1.13offender convicted of violating this section. Sentencing a person in a manner other than
1.14that described in this paragraph is a departure from the Sentencing Guidelines.
1.15(c) A person convicted under this section is also subject to conditional release under
1.16section609.3455 .
1.17EFFECTIVE DATE.This section is effective August 1, 2011, for crimes committed
1.18on or after that date.
1.3degree;amending Minnesota Statutes 2010, section 609.342, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 609.342, subdivision 2, is amended to read:
1.6 Subd. 2. Penalty. (a) Except as otherwise provided in section
1.7Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
1.8be sentenced to imprisonment for not more than 30 years or to a payment of a fine of
1.9not more than $40,000, or both.
1.10(b) Unless a longer mandatory minimum sentence is otherwise required by law
1.11or the Sentencing Guidelines provide for a longer presumptive executed sentence, the
1.12court shall presume that an executed sentence of
1.13offender convicted of violating this section. Sentencing a person in a manner other than
1.14that described in this paragraph is a departure from the Sentencing Guidelines.
1.15(c) A person convicted under this section is also subject to conditional release under
1.16section
1.17EFFECTIVE DATE.This section is effective August 1, 2011, for crimes committed
1.18on or after that date.
