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Subdivision 1.Negligent fire resulting in injury or property damage.
Whoever is grossly negligent in causing a fire to burn or get out of control thereby causing damage or injury to another, and as a result of this:
(1) a human being is injured and great bodily harm incurred, is guilty of a crime and 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;
(2) a human being is injured and bodily harm incurred, is guilty of a crime and 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; or
(3) property of another is injured, thereby, is guilty of a crime and may be sentenced as follows:
(i) to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, if the value of the property damage is under $300;
(ii) to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the value of the property damaged is at least $300 but is less than $2,500; or
(iii) to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both, if the value of the property damaged is $2,500 or more.
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Subd. 2.Dangerous smoking.
A person is guilty of a misdemeanor if the person smokes in the presence of explosives or inflammable materials. If a person violates this subdivision and knows that doing so creates a risk of death or bodily harm or serious property damage, the person is guilty of a felony and 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.
Notes of Decisions
In Re Welfare of C.R.M., 611 N.W.2d 802 (Minn. 2000).
· cites it 4× “205 (1998), which provides a penalty of up to 10 years in prison for culpable negligence resulting in the death of another, and Minn.Stat. § 609.576(b)(3) (1998), which provides a three-year penalty for culpable negligence resulting in a fire causing property damage.”
Gradjelick v. Hance, 646 N.W.2d 225 (Minn. 2002).
· cites it 2× “Klosterman was subsequently charged with negligent fire, a felony under Minn.Stat. § 609.576, subd. 1(b)(3) (2000).”
State v. Rewitzer, 617 N.W.2d 407 (Minn. 2000).
“§ 609.576, subd. 1(b)(3) (1996) .($5,000 maximum fine); Defeating Security on Realty — $2,500 or less, Minn.”
State v. Conklin, 406 N.W.2d 84 (Minn. Ct. App. 1987).
· cites it 2× “1 (1984) and negligent fire in violation of Minn.Stat. § 609.576(b)(4) (1984). Following a jury trial, Conklin was convicted on both counts and sentenced to 24 months in prison.”
State v. Shields, 423 N.W.2d 744 (Minn. Ct. App. 1988).
· cites it 4× “Ralph Shields, appellant, pleaded guilty to negligence in causing a fire in violation of Minn. Stat. § 609.576 (b)(3) (1984). Pursuant to a plea agreement, he was sentenced to 90 days in jail, 45 days executed and 45 days stayed, Huber privileges, and a $500 fine with a $50…”
— Minn. Stat. § 609.576(b)(3) — 1 case
In Re Welfare of C.R.M., 611 N.W.2d 802 (Minn. 2000).
“205 (1998), which provides a penalty of up to 10 years in prison for culpable negligence resulting in the death of another, and Minn.Stat. § 609.576(b)(3) (1998), which provides a three-year penalty for culpable negligence resulting in a fire causing property damage.”
— Minn. Stat. § 609.576(b)(4) — 1 case
State v. Conklin, 406 N.W.2d 84 (Minn. Ct. App. 1987).
“1 (1984) and negligent fire in violation of Minn.Stat. § 609.576(b)(4) (1984). Following a jury trial, Conklin was convicted on both counts and sentenced to 24 months in prison.”
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