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<br />Memorandum <br /> <br />To: Larry Voeller <br />cc: Carolyn Curti <br />From: Mark V. Chapin <br /> <br />Date: 4/22/2004 <br /> <br />Re: Minn. Stat. ~ 609.2231, subd. 4 (2002) <br /> <br />Minnesota Statute Section 609.2231, subd. 4 reads as follows: <br /> <br />Subd. 4. Assaults motivated by bias. (a) Whoever assaults another because of the victim's or another's <br />actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or <br />national origin may be sentenced to imprisomnent for not more than one year or to payment of a fine of not <br />more than $3,000, or both. <br /> <br />(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under <br />paragraph (a) is guilty of a felony and may be sentenced to imprisomnent for not more than one year and a day <br />or to payment ofa fine of not more than $3,000, or both. <br /> <br />I think that any language regarding this statute should track the actual language more precisely. The <br />proposed text refers to "criminal act" whereas the statute refers to an "assault." I am not sure that a conviction <br />provides for an enhanced penalty. The 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 /> <br /> <br />1 <br />