2020.08.10 Public Safety Commission Packet

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Harassment by mail: The Legislature made similar modifications to the provisions of section 609.795 that prohibit harassment by mail.26 A person is guilty of misdemeanor harassment -by -mail if he or she: • With intent to harass or intimidate another, • Repeatedly mails, delivers, or causes the delivery by any means, including electronically, • Of letters, telegrams, or packages, and • The actor's conduct produces any of the same kinds of harm as are listed under section 609.749.27 Obscene or harassing phone calls: Section 609.79 outlaws the making of obscene or harassing phone calls. Although this statute was not at issue in the A.J.B. case, the Legislature made similar changes to the intent and harm elements .2' An actor is guilty of a misdemeanor if he or she: • With intent to harass or intimidate another person, • Repeatedly makes telephone calls, or causes the other's phone to ring, or causes the other to receive electronic notifications, And the actor's conduct produces any of the same kinds of harm as are listed under section 609.749.29 State tobacco age raised to 21: Change in federal law: On December 20, 2019, federal legislation went into effect that raised the minimum age of sale for tobacco products from 18 to 21.30 Minnesota has amended its state laws to follow suit, including modifications to the underage tobacco provisions found in the criminal code.31 26 2020 Minn. Laws Ch. 6, sec. 5. 27 Minn. Stat. § 609.795, subd. 1(3). 212020 Minn. Laws Ch. 96, sec. 4. 29 Minn. Stat. § 609.79, subd. 1(1)(ii), (iii). 30 U.S. Food & Drug Admin, Newly Signed Legislation Raises Federal Minimum Age of Sale of Tobacco Products to 21 (Jan. 15, 2020), https://www.fda. gov/tobacco-products/ctp- newsroom/newly-signed-leizislation-raises-federal- minimum-aae-sale-tobacco-products-21. Furnishing tobacco and tobacco products: Section 609.685 regulates the sale and furnishing of tobacco to underage persons. It prohibits the provision of not only tobacco, but also products containing tobacco and devices used to ingest tobacco or turn it into vapor or aerosol, such as vape pens, e -cigarettes, and the like. 12 New amendments raise the age of lawful purchase to 21.33 Interestingly, going forward, the law only imposes a penalty in cases where the seller or furnisher is at least 21 years of age.34 A first offense for unlawfully selling or furnishing has been reduced from a misdemeanor to a petty misdemeanor, and subsequent offenses committed within a five-year period are reduced from gross misdemeanors to misdemeanors.35 Using false ID to obtain tobacco products: An underage person who uses false identification to purchase or attempt to purchase tobacco or related products is no longer guilty of a criminal offense, but is subject only to an "alternative civil penalty. 1116 The statute instructs law enforcement and court system representatives to identify appropriate civil penalties, which could include participating in tobacco -free programs and community service.37 Local ordinances may provide for more stringent regulation.38 Tobacco delivery products: Section 609.6855 regulates the furnishing of tobacco delivery products, which are those that contain natural or synthetic nicotine or lobelia (another type of plant) that is intended for human consumption. This statute targets tobacco products that are not inhaled, such as nicotine -containing lollipops and " See generally 2020 Minn. Laws Ch. 88. 32 Minn. Stat. § 609.685, subd. 1(a) -(c). 33 Id. § 609.685, subd. 1 a(a). 34 Id. 35 Id. 36 Id. § 609.685, subd. 2. 37 Id. § 609.685, subd. 2a. 38 Id. § 609.685, subd. 4. Page 4