In Minnesota, TRESPASSING is either a misdemeanor or gross misdemeanor charge. While these charges are not as serious in comparison to a felony, the legal consequences for trespassing are still serious, troublesome, and may result in a fine/jail time. Contact us today at 651-364-1508 to learn more about how we can help and what your next steps look like.
Misdemeanor
According to MN Statute 609.605, a person is guilty of a misdemeanor if they intentionally:
- permits domestic animals or fowls under the actor’s control to go on the land of another within a city;
- interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or of a tract of land;
- trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor;
- occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;
- enters the premises of another with intent to take or injure any fruit, fruit trees, or vegetables growing on the premises, without the permission of the owner or occupant;
- enters or is found on the premises of a public or private cemetery without authorization during hours the cemetery is posted as closed to the public;
- returns to the property of another with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
- returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
- enters the locked or posted construction site of another without the consent of the owner or lawful possessor, unless the person is a business licensee;
- enters the locked or posted aggregate mining site of another without the consent of the owner or lawful possessor, unless the person is a business licensee; or
- crosses into or enters any public or private area lawfully cordoned off by or at the direction of a peace officer engaged in the performance of official duties. As used in this clause: (i) an area may be “cordoned off” through the use of tape, barriers, or other means conspicuously placed and identifying the area as being restricted by a peace officer and identifying the responsible authority; and (ii) “peace officer” has the meaning given in section 626.84, subdivision 1. It is an affirmative defense to a charge under this clause that a peace officer permitted entry into the restricted area.
Gross Misdemeanor
A person is guilty of a gross misdemeanor if they partake in the following actions:
- Whoever trespasses upon the grounds of a facility providing emergency shelter services for battered women, as defined under section 611A.31, subdivision 3, or of a facility providing transitional housing for battered women and their children, without claim of right or consent of one who has right to give consent, and refuses to depart from the grounds of the facility on demand of one who has right to give consent, is guilty of a gross misdemeanor.
- Whoever enters or is found upon property containing a critical public service facility, utility, or pipeline, without claim of right or consent of one who has the right to give consent to be on the property, is guilty of a gross misdemeanor, if: the person refuses to depart from the property on the demand of one who has the right to give consent, within the past six months, the person had been told by one who had the right to give consent to leave the property and not to return, unless a person with the right to give consent has given the person permission to return, or the property is posted.
- Whoever enters an underground structure that (1) contains a utility line or pipeline and (2) is not open to the public for pedestrian use, without claim of right or consent of one who has the right to give consent to be in the underground structure, is guilty of a gross misdemeanor.
School Property
- It is a misdemeanor for a person to enter or be found in a public or nonpublic elementary, middle, or secondary school building unless the person: is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the school or school district, has permission or an invitation from a school official to be in the building, is attending a school event, class, or meeting to which the person, the public, or a student’s family is invited, or has reported the person’s presence in the school building in the manner required for visitors to the school.
- It is a misdemeanor for a person to be on the roof of a public or nonpublic elementary, middle, or secondary school building unless the person has permission from a school official to be on the roof of the building.
- It is a misdemeanor for a person to enter or be found on school property within one year after being told by the school principal or the principal’s designee to leave the property and not to return, unless the principal or the principal’s designee has given the person permission to return to the property.
- A person who boards a school bus when the bus is on its route or otherwise in operation, or while it has pupils on it, and who refuses to leave the bus on demand of the bus operator, is guilty of a misdemeanor.
- It is a gross misdemeanor for a group of three or more persons to enter or be found in a public or nonpublic elementary, middle, or secondary school building unless one of the persons: is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the school or school district, has permission or an invitation from a school official to be in the building, is attending a school event, class, or meeting to which the person, the public, or a student’s family is invited, or has reported the person’s presence in the school building in the manner required for visitors to the school.
Outdoor Recreation
According to the MN Department of Natural Resources, trespassing charges also apply to all outdoor recreation, such as hunting, fishing, hiking, boating, trapping, and camping. Landowners, lessees, or authorized managers need only post their land once a year. The signs must be placed at intervals of 1,000 feet (500 feet in wooded areas) or signs may be placed at primary corners of each parcel and at access points to the property. Signs must state “No Trespassing,” or similar words, in 2-inch high letters and have either the signature or the name and telephone number of the landowner, lessee or manager. There can be civil or criminal penalties for violation of the trespass laws with maximum fines up to $3,000 and license revocation.
- A person is guilty of a gross misdemeanor if the person enters the posted premises of another on which cattle, bison, sheep, goats, swine, horses, poultry, farmed Cervidae, farmed Ratitae, aquaculture stock, or other species of domestic animals for commercial production are kept, without the consent of the owner or lawful occupant of the land.
What should I do?
Contact us at 651-364-1508 to see how we can help with your case.