SF 2863

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; defining trespass to include 
  1.3             returning to the property of another at any time after 
  1.4             being told not to return; amending Minnesota Statutes 
  1.5             1998, section 609.605, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 609.605, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
  1.10  the meanings given them for purposes of this section. 
  1.11     (i) "Premises" means real property and any appurtenant 
  1.12  building or structure. 
  1.13     (ii) "Dwelling" means the building or part of a building 
  1.14  used by an individual as a place of residence on either a 
  1.15  full-time or a part-time basis.  A dwelling may be part of a 
  1.16  multidwelling or multipurpose building, or a manufactured home 
  1.17  as defined in section 168.011, subdivision 8. 
  1.18     (iii) "Construction site" means the site of the 
  1.19  construction, alteration, painting, or repair of a building or 
  1.20  structure. 
  1.21     (iv) "Owner or lawful possessor," as used in paragraph (b), 
  1.22  clause (9), means the person on whose behalf a building or 
  1.23  dwelling is being constructed, altered, painted, or repaired and 
  1.24  the general contractor or subcontractor engaged in that work. 
  1.25     (v) "Posted," as used in clause (9), means the placement of 
  2.1   a sign at least 11 inches square in a conspicuous place on the 
  2.2   exterior of the building that is under construction, alteration, 
  2.3   or repair, and additional signs in at least two conspicuous 
  2.4   places for each ten acres being protected.  The sign must carry 
  2.5   an appropriate notice and the name of the person giving the 
  2.6   notice, followed by the word "owner" if the person giving the 
  2.7   notice is the holder of legal title to the land on which the 
  2.8   construction site is located or by the word "occupant" if the 
  2.9   person giving the notice is not the holder of legal title but is 
  2.10  a lawful occupant of the land. 
  2.11     (vi) "Business licensee," as used in paragraph (b), clause 
  2.12  (9), includes a representative of a building trades labor or 
  2.13  management organization. 
  2.14     (vii) "Building" has the meaning given in section 609.581, 
  2.15  subdivision 2. 
  2.16     (b) A person is guilty of a misdemeanor if the person 
  2.17  intentionally: 
  2.18     (1) permits domestic animals or fowls under the actor's 
  2.19  control to go on the land of another within a city; 
  2.20     (2) interferes unlawfully with a monument, sign, or pointer 
  2.21  erected or marked to designate a point of a boundary, line or a 
  2.22  political subdivision, or of a tract of land; 
  2.23     (3) trespasses on the premises of another and, without 
  2.24  claim of right, refuses to depart from the premises on demand of 
  2.25  the lawful possessor; 
  2.26     (4) occupies or enters the dwelling or locked or posted 
  2.27  building of another, without claim of right or consent of the 
  2.28  owner or the consent of one who has the right to give consent, 
  2.29  except in an emergency situation; 
  2.30     (5) enters the premises of another with intent to take or 
  2.31  injure any fruit, fruit trees, or vegetables growing on the 
  2.32  premises, without the permission of the owner or occupant; 
  2.33     (6) enters or is found on the premises of a public or 
  2.34  private cemetery without authorization during hours the cemetery 
  2.35  is posted as closed to the public; 
  2.36     (7) returns to the property of another with the intent to 
  3.1   abuse, disturb, or cause distress in or threaten another, after 
  3.2   being told to leave the property and not to return, if the actor 
  3.3   is without claim of right to the property or consent of one with 
  3.4   authority to consent; 
  3.5      (8) returns to the property of another within 30 days after 
  3.6   being told to leave the property and not to return, if the actor 
  3.7   is without claim of right to the property or consent of one with 
  3.8   authority to consent; or 
  3.9      (9) enters the locked or posted construction site of 
  3.10  another without the consent of the owner or lawful possessor, 
  3.11  unless the person is a business licensee. 
  3.12     Sec. 2.  [EFFECTIVE DATE.] 
  3.13     Section 1 is effective August 1, 2000, and applies to 
  3.14  crimes committed on or after that date.