A NEW MINNESOTA LAW, ENTITLED “ADULTERATION BY BODILY FLUID,” IS SET TO TAKE EFFECT AUGUST 1, 2015.
The law will make it a misdemeanor for anyone who: “adulterates any substance that the person knows or should know is intended for human consumption.” The new Minnesota law defines “adulterates” as “the intentional adding of a bodily fluid to a substance.” The law will make it a gross misdemeanor offense if the other person ingests the adulterated substance without knowledge. Pretty gross, huh?
I can’t imagine a state legislature would have had the foresight to create this type of law without some sort of inspiration. Well, you may recall the case of Robert John Lind. Lind was accused of ejaculating into a co-worker’s cup of coffee in November 2014. The Ramsey County Attorney’s Office originally pursued felony sex crime charges against Lind, but those charges were dropped because the facts of the case didn’t fit the elements of the felony offense. The State ended up pursuing a misdemeanor indecent exposure charge for lewd and indecent behavior, to which Lind plead guilty. I can’t recall any other cases similar to Lind’s off-hand, but apparently the Minnesota legislature felt this type of behavior happens often enough or will happen again and a new crime specifically punishing this type of behavior was therefore necessary. I’m somewhat surprised that the Legislature needed to create an entirely new law specifically designed at this type of behavior if the State successfully prosecuted the actions under the current Minnesota indecent exposure law. And both crimes are misdemeanors.
THE NEW BURNSVILLE MINNESOTA ADULTERATION BY BODILY FLUID LAW IS DIFFERENT FROM THE PROPOSED REVENGE PORN LAWS.
No specific Minnesota revenge porn law has been offered up, yet, but one is expected to be proposed in March. We’ll update you on that in a later blog post.
Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.