In Minnesota, trespassing is a criminal offense under Minnesota Statute 609.605. This law makes it illegal to enter or remain on another person’s property without permission. Trespassing laws are designed to protect property rights and ensure safety, with penalties varying depending on the circumstances of the trespass, such as whether the individual ignored posted warnings or caused damage while on the property.
The statute applies to various situations, including entering private property without consent, refusing to leave when asked by the owner, or accessing restricted areas like school grounds or railroad tracks. The law strictly prohibits any form of unauthorized entry, whether the individual knowingly disregards a posted sign or mistakenly believes they have permission.
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney focusing on defending against trespassing charges and other criminal offenses. With extensive experience serving Minnesota, Blumberg will fight hard to protect your rights.
To find out more about how an experienced criminal defense attorney can help your case, call us today at (952) 431-7758. Your first consultation is free, so call now.
Information Center for Trespassing
What is Trespassing?
In Minnesota, trespassing is defined under Minnesota Statute 609.605 as entering or remaining on someone else’s property without permission. This includes a wide range of scenarios, such as:
Entering Private Property Without Permission
- Scenario: A 22-year-old individual walks onto a neighbor’s property to pick apples from a tree without the neighbor’s consent. Even if the property is not fenced, this constitutes trespassing under Minnesota law.
Refusing to Leave When Asked
- Scenario: A person visits a friend’s house, but the friend asks them to leave during an argument. If the visitor refuses to leave the property after being asked, they can be charged with trespassing.
Entering Restricted Areas
- Scenario: A group of teenagers enters a school building after hours without permission, exploring the premises. Even though they don’t cause damage, their presence in the building is considered trespassing.
Trespassing on Railroad Tracks
- Scenario: An individual crosses railroad tracks as a shortcut despite signs warning against trespassing. This is illegal under Minnesota’s trespassing laws, which specifically address railroad property to ensure safety.
Disregarding Posted Signs
- Scenario: A hunter enters a piece of land clearly marked with “No Trespassing” signs to hunt deer. Even if they claim not to have seen the signs, they can still face trespassing charges for being on restricted property.
These examples illustrate how trespassing can occur in various situations, whether intentional or accidental. The key factor is whether the individual had permission or knowingly disregarded warnings.
Penalties
The consequences for trespassing in Minnesota can vary depending on the circumstances, such as whether the property was posted with signs or if there was damage caused. The charges typically include:
Misdemeanor:
For simple trespassing, such as entering a property without permission, the offender can face up to
- 90 days in jail and
- a $1,000 fine.
Gross Misdemeanor:
If the trespass involved a refusal to leave or occurred on school property, the offender could face up to
- 1 year in jail and
- fines up to $3,000.
Defenses
Several defenses may be raised to contest charges of trespassing in Minnesota, depending on the specifics of the case. Some common defenses include:
Mistake of Fact:
- Scenario: The accused believed they had permission to enter the property, such as being invited by a previous tenant or being unaware that a lease had expired.
No Intent:
- Scenario: The accused entered the property accidentally, such as taking a wrong turn and immediately leaving once they realized their mistake.
Lack of Proper Signage:
- Scenario: If the property was not properly marked with “No Trespassing” signs, the defense may argue that the accused did not knowingly enter restricted property.
Implied Consent:
- Scenario: If the property owner had previously allowed the accused onto the property or gave no indication that the permission had been revoked, it might serve as a defense.
Additional Resources:
- Minnesota Statute 609.605: It is unlawful for any person to enter or remain on another’s property without the owner’s consent.
Contact a Minnesota Criminal Defense Lawyer
If you have been charged with trespassing, contact Dakota County criminal defense attorney James Blumberg at (952) 431-7758 to begin building a strong defense. With years of experience, he can help protect your rights and work towards the best outcome for your situation.
James Blumberg Law accepts clients in Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.