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Minnesota Statute 609.224
Assault in the Fifth Degree
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Source:
Minnesota Office of the Revisor of Statutes
Subdivision 1. Misdemeanor.
Whoever does any of the following commits an
assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear
in another of immediate bodily harm or
death; or
(2) intentionally inflicts or attempts to
inflict bodily harm upon another.
Subd. 2. Gross
misdemeanor. (a) Whoever violates the
provisions of subdivision 1 against the same
victim within ten years of a previous
qualified domestic violence-related offense
conviction or adjudication of delinquency is
guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than
one year or to payment of a fine of not more
than $3,000, or both.
(b) Whoever violates the provisions of
subdivision 1 within three years of a
previous
qualified domestic violence-related offense
conviction or adjudication of delinquency is
guilty of
a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or
to
payment of a fine of not more than $3,000,
or both.
(c) A caregiver, as defined in section
609.232,
who is an individual and who violates the
provisions of subdivision 1 against a
vulnerable adult, as defined in section
609.232,
is guilty of
a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or
to
payment of a fine of not more than $3,000,
or both.
Subd. 3.
Firearms. (a) When a person is convicted
of a violation of this section or section
609.221,
609.222,
or
609.223,
the court shall determine and make written
findings on the record
as to whether:
(1) the defendant owns or possesses a
firearm; and
(2) the firearm was used in any way during
the commission of the assault.
(b) Except as otherwise provided in section
609.2242, subdivision 3,
paragraph (c), a person is not entitled to
possess a pistol if the person has been
convicted after August 1, 1992, of assault
in the fifth degree if the offense was
committed within three years of a previous
conviction under sections
609.221
to
609.224,
unless three years have elapsed from the
date of conviction and, during that time,
the person has not been convicted of any
other violation of section
609.224.
Property rights may not be abated but access
may be restricted by the courts. A person
who possesses a pistol in violation of this
paragraph is guilty of a gross misdemeanor.
Subd. 4. Felony.
(a) Whoever violates the provisions of
subdivision 1 against the same
victim within ten years of the first of any
combination of two or more previous
qualified domestic violence-related offense
convictions or adjudications of delinquency
is guilty of a felony and may be sentenced
to imprisonment for not more than five years
or payment of a fine of not more than
$10,000, or both.
(b) Whoever violates the provisions of
subdivision 1 within three years of the
first of any
combination of two or more previous
qualified domestic violence-related offense
convictions or
adjudications of delinquency 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.
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