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Memorandum <br />70: Larry Voeller <br />CC: Carolyn Curti <br />�rom: Mark V. Chapin <br />Qats: 4/22/2004 <br />Re; Minn. Stat. § G09.2231, subd. 4{2002} <br />Minnesota Statute Section 609.2231, subd. 4 reads as follaws: <br />Subd_ 4. Assaults motivated by hias. (a) Whoever assauits another because of the victim's or another`s <br />actual ar perceived race, color, religion, sex, sexual orientation, disability as defined in sectioa 363A_03, age, or <br />national origin may be sentenced to isnprisonment for not more than one year or to payment of a fine of not <br />more than $3,000, or both. <br />(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under <br />paragraph (a) is guilty of a felouy and may be sentenced to imprisonment for not more than one year and a day <br />or to payment of a fine of not more than $3,040, or both. <br />I think that any language regarding this statute shouZc� traek the ac[ual language more precisely. The <br />proposed text refers to "cnminai acY' whereas the statute refers to an "assault." I am not sure that a conviction <br />provides fox an enhanced penalty_ Tlte statute suggests that it is a gross misdemeanor but a second conviction <br />within 5 years would result in the crime being a felony. <br />