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Minnesota Statute 609.2242
Domestic Assault
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Source:
Minnesota Office of the Revisor of Statutes
Subdivision 1. Misdemeanor.
Whoever does any of the following against a
family or
household member as defined in section
518B.01, subdivision 2, 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. Whoever violates
subdivision 1 within ten years of a previous
qualified domestic violence-related offense
conviction or adjudication of delinquency
against a family or household member as
defined in section
518B.01, subdivision 2, 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. Domestic
assaults; firearms. (a) When a person is
convicted of a violation of this section or
section
609.221,
609.222,
609.223,
609.224,
or
609.2247, the court shall
determine and make written findings on the
record as to whether:
(1) the assault was committed against a
family or household member, as defined in
section
518B.01, subdivision 2;
(2) the defendant owns or possesses a
firearm; and
(3) the firearm was used in any way during
the commission of the assault.
(b) If the court determines that the assault
was of a family or household member, and
that the
offender owns or possesses a firearm and
used it in any way during the commission of
the assault, it shall order that the firearm
be summarily forfeited under section
609.5316, subdivision 3.
(c) When a person is convicted of assaulting
a family or household member and is
determined by the court to have used a
firearm in any way during commission of the
assault,
the court may order that the person is
prohibited from possessing any type of
firearm for any
period longer than three years or for the
remainder of the person's life. A person who
violates this paragraph is guilty of a gross
misdemeanor. At the time of the conviction,
the court shall inform the defendant whether
and for how long the defendant is prohibited
from possessing a firearm and that it is a
gross misdemeanor to violate this paragraph.
The failure of the court to provide this
information to a defendant does not affect
the applicability of the firearm possession
prohibition or the gross misdemeanor penalty
to that defendant.
(d) Except as otherwise provided in
paragraph (c), when a person is convicted of
a violation
of this section or section
609.224
and the court determines that the victim was
a family or
household member, the court shall inform the
defendant that the defendant is prohibited
from
possessing a pistol for three years from the
date of conviction and that it is a gross
misdemeanor
offense to violate this prohibition. The
failure of the court to provide this
information to a
defendant does not affect the applicability
of the pistol possession prohibition or the
gross
misdemeanor penalty to that defendant.
(e) Except as otherwise provided in
paragraph (c), a person is not entitled to
possess a
pistol if the person has been convicted
after August 1, 1992, of domestic assault
under this
section or assault in the fifth degree under
section
609.224
and the assault victim was a family or
household member as defined in section
518B.01, subdivision 2, 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 this section or 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.
Whoever violates the provisions of this
section or section 609.224,
subdivision 1
, 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.
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