1997 Minnesota Statutes

     609.855 Crimes involving transit; shooting at transit 
  vehicle. 

    Subdivision 1.    Unlawfully obtaining services; 
 misdemeanor.  A person is guilty of a misdemeanor who 
 intentionally obtains or attempts to obtain service from a 
 provider of public transit service or from a public conveyance, 
 without paying the required fare or otherwise obtaining the 
 consent of an authorized transit representative. 

    Subd. 2.    Unlawful interference with transit operator. 
  (a) Whoever intentionally commits an act that interferes with 
 or obstructs, or tends to interfere with or obstruct, the 
 operation of a transit vehicle is guilty of unlawful 
 interference with a transit operator and may be sentenced as 
 provided in paragraph (c). 

    (b) An act that is committed on a transit vehicle that 
 distracts the driver from the safe operation of the vehicle or 
 that endangers passengers is a violation of this subdivision if 
 an authorized transit representative has clearly warned the 
 person once to stop the act. 

    (c) A person who violates this subdivision may be sentenced 
 as follows: 

    (1) to imprisonment for not more than three years or to 
 payment of a fine of not more than $5,000, or both, if the 
 violation was accompanied by force or violence or a 
 communication of a threat of force or violence; or 

    (2) to imprisonment for not more than 90 days or to payment 
 of a fine of not more than $700, or both, if the violation was 
 not accompanied by force or violence or a communication of a 
 threat of force or violence.  

    Subd. 3.    Prohibited activities; misdemeanor.  (a) A 
 person is guilty of a misdemeanor who, while riding in a vehicle 
 providing public transit service:  

    (1) operates a radio, television, tape player, electronic 
 musical instrument, or other electronic device, other than a 
 watch, which amplifies music, unless the sound emanates only 
 from earphones or headphones and except that vehicle operators 
 may operate electronic equipment for official business; 

    (2) smokes or carries lighted smoking paraphernalia; 

    (3) consumes food or beverages, except when authorized by 
 the operator or other official of the transit system; 

    (4) throws or deposits litter; or 

    (5) carries or is in control of an animal without the 
 operator's consent. 

    (b) A person is guilty of a violation of this subdivision 
 only if the person continues to act in violation of this 
 subdivision after being warned once by an authorized transit 
 representative to stop the conduct.  

    Subd. 4. Repealed, 1994 c 636 art 2 s 69 

    Subd. 5.    Shooting at or in public transit vehicle or 
 facility.  Whoever recklessly discharges a firearm at or in 
 any portion of a public transit vehicle or facility is guilty of 
 a felony and may be sentenced to imprisonment for not more than 
 three years or to payment of a fine of not more than $6,000, or 
 both.  If the transit vehicle or facility is occupied by any 
 person other than the offender, the person may be sentenced to 
 imprisonment for not more than five years or to payment of a 
 fine of not more than $10,000, or both. 

    Subd. 6.    Restraining orders.  (a) At the sentencing 
 on a violation of this section, the district court shall 
 consider the extent to which the person's conduct has negatively 
 disrupted the delivery of transit services or has affected the 
 utilization of public transit services by others.  The district 
 court may, in its discretion, include as part of any sentence 
 for a violation of this section, an order restraining the person 
 from using public transit vehicles and facilities for a fixed 
 period, not to exceed two years or any term of probation, 
 whichever is longer.  

    (b) The district court administrator shall forward copies 
 of any orders, and any subsequent orders of the court rescinding 
 or modifying the original order, promptly to the operator of the 
 transit system on which the offense took place.  

    (c) A person who violates an order issued under this 
 subdivision is guilty of a gross misdemeanor.  

    HIST: 1983 c 189 s 1; 1984 c 628 art 3 s 11; 1984 c 654 art 3 
 s 139,140; 1985 c 271 s 1; 1989 c 5 s 13,14; 1994 c 636 art 2 s 
 49; 1996 c 408 art 4 s 13