2004 Minnesota Statutes

     609.605 Trespass. 

    Subdivision 1.    Misdemeanor.  (a) The following terms 
 have the meanings given them for purposes of this section. 

    (i) "Premises" means real property and any appurtenant 
 building or structure. 

    (ii) "Dwelling" means the building or part of a building 
 used by an individual as a place of residence on either a 
 full-time or a part-time basis.  A dwelling may be part of a 
 multidwelling or multipurpose building, or a manufactured home 
 as defined in section 168.011, subdivision 8. 

    (iii) "Construction site" means the site of the 
 construction, alteration, painting, or repair of a building or 
 structure. 

    (iv) "Owner or lawful possessor," as used in paragraph (b), 
 clause (9), means the person on whose behalf a building or 
 dwelling is being constructed, altered, painted, or repaired and 
 the general contractor or subcontractor engaged in that work. 

    (v) "Posted," as used in clause (9), means the placement of 
 a sign at least 11 inches square in a conspicuous place on the 
 exterior of the building that is under construction, alteration, 
 or repair, and additional signs in at least two conspicuous 
 places for each ten acres being protected.  The sign must carry 
 an appropriate notice and the name of the person giving the 
 notice, followed by the word "owner" if the person giving the 
 notice is the holder of legal title to the land on which the 
 construction site is located or by the word "occupant" if the 
 person giving the notice is not the holder of legal title but is 
 a lawful occupant of the land. 

    (vi) "Business licensee," as used in paragraph (b), clause 
 (9), includes a representative of a building trades labor or 
 management organization. 

    (vii) "Building" has the meaning given in section 609.581, 
 subdivision 2. 

    (b) A person is guilty of a misdemeanor if the person 
 intentionally: 

    (1) permits domestic animals or fowls under the actor's 
 control to go on the land of another within a city; 

    (2) 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; 

    (3) trespasses on the premises of another and, without 
 claim of right, refuses to depart from the premises on demand of 
 the lawful possessor; 

    (4) 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; 

    (5) 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; 

    (6) 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; 

    (7) 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; 

    (8) returns to the property of another within 30 days 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; or 

    (9) 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. 

    Subd. 2.    Gross misdemeanor.  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. 

    Subd. 3. Repealed, 1993 c 326 art 2 s 34 

    Subd. 4.    Trespasses on school property.  (a) 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: 

    (1) is an enrolled student in, a parent or guardian of an 
 enrolled student in, or an employee of the school or school 
 district; 

    (2) has permission or an invitation from a school official 
 to be in the building; 

    (3) is attending a school event, class, or meeting to which 
 the person, the public, or a student's family is invited; or 

    (4) has reported the person's presence in the school 
 building in the manner required for visitors to the school. 

    (b) 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: 

    (1) is an enrolled student in, a parent or guardian of an 
 enrolled student in, or an employee of the school or school 
 district; 

    (2) has permission or an invitation from a school official 
 to be in the building; 

    (3) is attending a school event, class, or meeting to which 
 the person, the public, or a student's family is invited; or 

    (4) has reported the person's presence in the school 
 building in the manner required for visitors to the school. 

    (c) It is a misdemeanor for a person to enter or be found 
 on school property within six months 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.  As used in this paragraph, "school property" 
 has the meaning given in section 152.01, subdivision 14a, 
 clauses (1) and (3). 

    (d) A school principal or a school employee designated by 
 the school principal to maintain order on school property, who 
 has reasonable cause to believe that a person is violating this 
 subdivision may detain the person in a reasonable manner for a 
 reasonable period of time pending the arrival of a peace 
 officer.  A school principal or designated school employee is 
 not civilly or criminally liable for any action authorized under 
 this paragraph if the person's action is based on reasonable 
 cause. 

    (e) A peace officer may arrest a person without a warrant 
 if the officer has probable cause to believe the person violated 
 this subdivision within the preceding four hours.  The arrest 
 may be made even though the violation did not occur in the peace 
 officer's presence. 

    Subd. 5.    Certain trespass on agricultural land.  (a) 
 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. 

    (b) "Domestic animal," for purposes of this section, has 
 the meaning given in section 609.599. 

    (c) "Posted," as used in paragraph (a), means the placement 
 of a sign at least 11 inches square in a conspicuous place at 
 each roadway entry to the premises.  The sign must provide 
 notice of a biosecurity area and wording such as:  "Biosecurity 
 measures are in force.  No entrance beyond this point without 
 authorization."  The sign may also contain a telephone number or 
 a location for obtaining such authorization. 

    (d) The provisions of this subdivision do not apply to 
 employees or agents of the state or county when serving in a 
 regulatory capacity and conducting an inspection on posted 
 premises where domestic animals are kept. 

    HIST: 1963 c 753 art 1 s 609.605; 1971 c 23 s 62; 1973 c 123 
 art 5 s 7; 1976 c 251 s 1; 1978 c 512 s 1; 1981 c 365 s 9; 1982 
 c 408 s 2; 1985 c 159 s 2; 1986 c 444; 1987 c 307 s 3; 1989 c 5 
 s 9; 1989 c 261 s 5; 1990 c 426 art 1 s 54; 1993 c 326 art 1 s 
 14; art 2 s 13; art 4 s 32; 1993 c 366 s 13; 1994 c 465 art 1 s 
 60; 1995 c 226 art 3 s 48; 2004 c 254 s 46