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Subdivision 1.Malicious punishment.
A parent, legal guardian, or caretaker who, by an intentional act or a series of intentional acts with respect to a child, evidences unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment of a child and may be sentenced as provided in subdivisions 2 to 6.
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Subd. 2.Gross misdemeanor.
If the punishment results in less than substantial bodily harm, the person may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
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Subd. 3.Enhancement to a felony.
Whoever violates the provisions of subdivision 2 during the time period between a previous conviction or adjudication for delinquency under this section or sections 609.221 to 609.2231, 609.224, 609.2242, 609.342 to 609.345, or 609.713, and the end of five years following discharge from sentence or disposition for that conviction or adjudication may be sentenced to imprisonment for not more than five years or a fine of $10,000, or both.
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Subd. 4.Felony; child under age four.
If the punishment is to a child under the age of four and causes bodily harm to the head, eyes, neck, or otherwise causes multiple bruises to the body, the person may be sentenced to imprisonment for not more than five years or a fine of $10,000, or both.
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Subd. 5.Felony; substantial bodily harm.
If the punishment results in substantial bodily harm, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
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Subd. 6.Felony; great bodily harm.
If the punishment results in great bodily harm, the person may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Notes of Decisions
State v. Mohamed, 779 N.W.2d 93 (Minn. Ct. App. 2010).
· cites it 17× “Appellant challenges his sentence of 67 months’ imprisonment, which constitutes an upward durational departure from the presumptive guidelines sentence for malicious punishment of a child resulting in great bodily harm, Minn.Stat. § 609.377, subds. 1, 6 (2006).”
State v. Hokanson, 821 N.W.2d 340 (Minn. 2012).
· cites it 7× “185(a)(5) and Minn.Stat. § 609.377, subds. 1, 4 (2010); (3) first-degree murder while committing child abuse (neglect of a child), under Minn.”
State v. Broten, 836 N.W.2d 573 (Minn. Ct. App. 2013).
· cites it 36× “Appellant challenges her conviction of malicious punishment of a child in violation of Minn.Stat. § 609.377, subd. 1, arguing that the district court erred when it determined that a conviction under the statute does not require proof of bodily harm.”
In Re the Welfare of the Child. of N.F., 749 N.W.2d 802 (Minn. 2008).
· cites it 8× “Relying on the definition of “malicious prosecution of a child” under Minn.Stat. § 609.377, subd. 1 (2006), one of the crimes constituting “child abuse” under Minn.”
State v. McFee, 721 N.W.2d 607 (Minn. 2006).
· cites it 4× “2, 4 (2004) (enhancing domestic assault to gross misdemeanor or felony based on previous adjudications of delinquency); Minn.Stat. § 609.377, subd. 3 (2004) (enhancing malicious punishment of a child to a felony based on previous adjudications of delinquency); Minn.”
State v. Johnson, 773 N.W.2d 81 (Minn. 2009).
· cites it 5× “Johnson also argues that the State did not present sufficient evidence to prove that he committed malicious punishment of a child in violation of Minn.Stat. § 609.377. A person is guilty of malicious punishment of a child if, as a parent, the person engages in an intentional act…”
Dwight Mitchell v. Dakota Cnty. Soc. Servs., 959 F.3d 887 (8th Cir. 2020).
“-3- In May 2014, Mitchell entered an Alford plea to a charge of malicious punishment of a child in violation of Minn. Stat. § 609.377 . In July, Mitchell agreed to a court order prohibiting him from using corporal punishment in exchange for regaining physical custody of A.”
Illinois Farmers Ins. Co. v. Reed, 662 N.W.2d 529 (Minn. 2003).
· cites it 2× “1 (2002), and malicious punishment of a child (resulting in great bodily harm), Minn. Stat. § 609.377 , subd. 6 (2002). The state alleged that Reed had shaken Jordan and that the shaking led to the severe, life-threatening injuries Jordan incurred.”
State v. Scacchetti, 711 N.W.2d 508 (Minn. 2006).
· cites it 2× “On December 12, 2002, a jury found Scacchetti guilty of criminal sexual conduct in the first degree in violation of Minn.”
State v. Scacchetti, 690 N.W.2d 393 (Minn. Ct. App. 2005).
· cites it 2× “A jury found Scacchetti guilty of first-degree criminal sexual conduct in violation of Minn.”
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