Minnesota Offense Codes (MOC)

1 Minnesota Offense Codes (MOC) Revised August 2010 In this Adobe PDF document: (Pages indicated below refer to the PDF pages, not the actual page numbers of each individual section.) Additions and Modifications to MOC Tables (2010 Modifications) 2 MOCs: Summary of 2010 New and Amended Crime Legislation Requiring MOC Table Changes 3 MOC Tables by Alpha List 6 MOC Indexes by Statute 55 Additions and Modifications to MOC Tables 2010 Modifications KEY COLUMN code Offense STATUTE Eff. Date D Type of Drug E Salvia divinorum sub 5 8/1/2010 D Type of Drug F Khat Chapter 152 8/1/2010 L Assailant E Secure Treatment Facility Personnel , 345 8/1/2010 MOCs: Summary of 2010 New and Amended Crime Legislation Requiring MOC Table Changes 1. Possession of weapons on school property ( ) Description: The statutory maximum for possession of a dangerous weapon on school property is raised from two years to five years.

2 Brandishing a replica firearm or BB gun on school property is reduced to a gross misdemeanor (currently a felony-level Offense ). Possession of a replica firearm or BB gun on school property is reduced to a misdemeanor (currently a gross misdemeanor-level Offense ). Effective Date: August 1, 2010 References: Chapter 268 - 2339; 2009 MOC Table Changes: None Needed Use Table: W 2. Identity Theft ( ) Description: Identity theft ( ) is amended to include scanning devices and reencoders. These devices are used to access, read, scan and store personal information. A new felony Offense (subdivision 5b) is created for a person who uses either of these devices, without the permission of the cardholder, to obtain information with the intent to commit, aid, or abet any unlawful activity.

3 The statutory maximum is five years. Effective Date: August 1, 2010 References: Chapter 293 - 2493; 2009 MOC Table Changes: None Needed Use Table: U 3. Domestic abuse provisions ( ; ; ) Description: A number of domestic abuse-related provisions are amended: The term stalking replaces harassing; pattern of stalking conduct is expanded to include felony first- to third-degree murder, first- and second-degree manslaughter, and violations of domestic abuse no contact orders, as prior qualifying offenses; and domestic abuse no contact order is re-codified from , subd. 22, to the new A new misdemeanor, 3rd Degree Tampering with a Witness ( , subd. 2a) is created. Effective Date: August 1, 2010 References: Chapter 299 - 2437; 2009 ; 2009 2009 MOC Table Changes: List Recodified Statute in Index Use Table: U for Violations of No Contact Orders, X for Witness Tampering MOCs: Summary of 2010 New and Amended Crime Legislation Requiring MOC Table Changes 4.

4 Criminal sexual conduct committed by employees at a secure treatment facility ( , subd. 1(m) and , subd. 1(m)) Description: Third- and fourth-degree criminal sexual conduct is amended to add employees of secure treatment facilities to the clause prohibiting sexual penetration or sexual contact by correctional facility employees. Third-degree is a felony with a statutory maximum of fifteen years; fourth-degree is a felony with ten years. Effective Date: August 1, 2010 References: Chapter 270 - 2717; 2009 ; 2009 MOC Table Changes: L - In Assailant, add E. Secure Treatment Facility Personnel 5. Sale and Possession of Salvia divinorum ( ) Description: A new gross misdemeanor is created for sale of salvia divinorum and a new misdemeanor is created for possession of salvia divinorum .

5 Effective Date: August 1, 2010 Reference: Chapter 368, ; 2009 , MOC Table Changes: D In Type of Drug, add E. Salvia divinorum 6. Ignition Interlock Devices ( subd. 1(e); ) Description: Three new misdemeanors are created for persons who: while holding a restricted license, drives a vehicle not equipped with ignition interlock ( , subd. 1(e)); or who lends, rents, etc. a vehicle not equipped with ignition interlock to a person with a restricted license ( , subd. 6(a)); or who tampers with or bypasses ignition interlock device ( , subd. 6(b)). Effective Date: August 1, 2010 Reference: Chapter 366 - ; 2009 ; 2009 MOC Table Changes: None Needed Use Table: J (J3901-Misd; ) 7. Sale of Nicotine Delivery Products to Children ( ) Description: It is a misdemeanor to sell a product containing or delivering nicotine or lobelia to a person under the age of 18 years.

6 Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor. Effective Date: August 1, 2010 Reference: Chapter 305 - 3055 MOC Table Changes: None Needed Use Table: M (M7401 Misd; M7402 ) MOCs: Summary of 2010 New and Amended Crime Legislation Requiring MOC Table Changes 8. Windshield Glazing Material ( ) Description: A subdivision is added to the provision making it a misdemeanor to sell windshields treated with a highly-reflective, mirror-like glazing material. Effective Date: August 1, 2010 References: Chapter 304 - 2370; 2009 MOC Table Changes: None Needed Use Table: J (J3901) 9. Service Animals ( ) Description: Bodily harm to a service animal is separated from a newly created gross misdemeanor, rendering a service animal unable to perform its duties.

7 Another gross misdemeanor, possession of a device or substance with intent to enhance an animal s ability to fight, is also added to the law. Effective Date: August 1, 2010 References: Chapter 292 - 2990; 2009 MOC Table Changes: None Needed Use Table: M (M8197 GM Mistreating Animals; M8198 Misd. Mistreating Animals) Minnesota Offense code TABLES REVISED AUGUST 1, 2010 (New Codes for 2010 Highlighted) G E N E R A L I N D E X A ASSAULT N DISTURBING PEACE - PRIVACY B BURGLARY O OBSCENITY C FORGERY COUNTERFEITING P PROPERTY DAMAGE RISK FROM PROPERTY DAMAGE TRESSPSASS D DRUGS Q STOLEN PROPERTY (RECEIVING/CONCEALING) E ESCAPE FLIGHT R ROBBERY F ARSON NEGLIGENT FIRES S CRIMINAL SEX COND. - INTAFAMILIAL SEXUAL ABUSE (historical use only ALL sex offenses should be coded using the L Table)

8 G GAMBLING T THEFT H HOMICIDE U THEFT RELATED I CRIME AGAINST FAMILY V VEHICLE THEFT RELATED J TRAFFIC ACCIDENTS W WEAPONS K KIDNAPPING FALSE IMPRISONMENT X CRIME AGAINST ADMINISTRATION OF JUSTICE L CRIMINAL SEXUAL CONDUCT Y CRIME AGAINST GOVERNMENT PUBLIC OFFICIAL M MISCELLANEOUS FEDERAL CONSERVATION JUVENILE STATUS LIQUOR Z SEX RELATED INDEX TO DEACTIVATED LEGISLATIVE UPDATE Codes OLD KEY NOW IN KEY CRIME TYPE X5 U Financial Transaction Card Fraud X6 J Driving Under The Influence Watercraft X6 J Criminal Vehicular Operation X6 A 4th Degree Assault - Firefighter/Medical Personnel X6 A 5th Degree Assault - Gross Misdemeanor X6 H Death Unborn Child In Commission Of Felony X6 A Injury Unborn In Commission Of Felony X6 Z Prostitution - Solicit/Induce/Promote/Receive Profit - Under 13 or Under 15 X7 H 3rd Degree Murder - Controlled Substance Distribution X7 A 1st Degree Manslaughter - Controlled Substance Distribution X7 A Great Bodily Harm - Controlled Substance Distribution X7 J Operate/Control While Under Influence - Snowmobile/All Terrain Vehicle X7 L 3rd Degree Criminal Sexual Conduct - Health Care Professional X7 X Use Of Police Radio X7 P Criminal Damage To Property X8 L 5th Degree Criminal Sexual Conduct X8 H 1st Degree Murder - While Committing Child Abuse X8 A Terroristic Threats X9 J Use Aircraft - Under The Influence/Carelessly or Recklessly X9 G State Lottery Fraud/Prohibited Acts X9 A Assaults Motivated By Bias M6 D Drug Paraphernalia Z N Disorderly House KEYS CHANGED EFFECTIVE 8/1/1997 OLD KEY

9 NOW IN KEY CRIME TYPE X N Violation of an Order for Protection X N Violation of a Harassment Restraining Order GENERAL Offense Codes (GOC) A ATTEMPT TO COMMIT S SOLICITATION TO COMMIT B ASSAULT TO COMMIT T THREAT TO COMMIT C CONSPIRACY TO COMMIT X AID AND ABET F FACILITATION OF Y ACCESSORY BEFORE THE FACT N NOT APPLICABLE Z ACCESSORY AFTER THE FACT ASSAULT (Excluding Sexual Assault) KEY CATEGORY ACT WEAPON USE VICTIM A 1. 1st Deg. Assault (Felony) 1. Inflicts Great Bodily Harm 1. Firearm (Possess Only) 1. Adult-Family 2. 2nd Deg. Assault (Felony) 2. Inflicts Substantial Bodily Harm 2. Firearm 2. Adult-Acquaintance 3. 3rd Deg. Assault (Felony) 3. Inflicts or Attempts Bodily Harm 3. Knife/Cutting Instrument 3. Adult-Stranger 4. 4th Deg. Assault (Felony) 4. Fear of Bodily Harm With No Injury 4.

10 Other Dangerous Weapon/ Weapon Type Unknown 4. Child-Family 5. 5th Deg. Assault (Misd.) 5. Threat to Inflict Bodily Harm 5. Child-Acquaintance 6. Use of Drugs to Injure/ Facilitate Crime (Felony) 6. Threat to Inflict Damage to Property 5. Hands, Fists, Feet, Etc. 6. Child-Stranger 7. Threat to Injure Business 6. Explosives 7. Police 7. Coercion (Felony) 8. Threat to Expose Secret 7. Replica Firearm 8. Public Official 8. Coercion (Misdemeanor) 9. Threat to Make Criminal Charge 8. B. B. Gun 9. Unborn Child 9. Terroristic Threats 0. Unknown 0. Unknown/NA 0. No Weapon 0. Unknown A. 4th Deg. Assault (G. Misd.) A. Distributes Schedule I or II Controlled Substance Use with AF A. Firefighter B. 4th Deg. Assault Motivated by Bias (Felony) B. Emerg. Medical Personnel B. Threatens Crime of Violence C.