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Minnesota Legislature

Office of the Revisor of 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 for himself, herself, or
another person from a provider of public transit or from a public conveyance by doing any of
the following:
(1) occupies or rides in any public transit vehicle without paying the applicable fare or
otherwise obtaining the consent of the transit provider including:
(i) the use of a reduced fare when a person is not eligible for the fare; or
(ii) the use of a fare medium issued solely for the use of a particular individual by another
individual;
(2) presents a falsified, counterfeit, photocopied, or other deceptively manipulated fare
medium as fare payment or proof of fare payment;
(3) sells, provides, copies, reproduces, or creates any version of any fare medium without the
consent of the transit provider; or
(4) puts or attempts to put any of the following into any fare box, pass reader, ticket vending
machine, or other fare collection equipment of a transit provider:
(i) papers, articles, instruments, or items other than fare media or currency; or
(ii) a fare medium that is not valid for the place or time at, or the manner in, which it is used.
Where self-service barrier-free fare collection is utilized by a public transit provider, it is a
violation of this subdivision to intentionally fail to exhibit proof of fare payment upon the request
of an authorized transit representative when entering, riding upon, or leaving a transit vehicle or
when present in a designated paid fare zone located in a transit facility.
    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
$1,000, 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.
    Subd. 7. Definitions. (a) The definitions in this subdivision apply in this section.
(b) "Public transit" or "transit" has the meaning given in section 174.22, subdivision 7.
(c) "Public transit vehicle" or "transit vehicle" means any vehicle used for the purpose of
providing public transit, whether or not the vehicle is owned or operated by a public entity.
(d) "Public transit facilities" or "transit facilities" means any vehicles, equipment, property,
structures, stations, improvements, plants, parking or other facilities, or rights that are owned,
leased, held, or used for the purpose of providing public transit, whether or not the facility is
owned or operated by a public entity.
(e) "Fare medium" means a ticket, smart card, pass, coupon, token, transfer, or other medium
sold or distributed by a public transit provider, or its authorized agents, for use in gaining entry to
or use of the public transit facilities or vehicles of the provider.
(f) "Proof of fare payment" means a fare medium valid for the place or time at, or the
manner in, which it is used. If using a reduced-fare medium, proof of fare payment also includes
proper identification demonstrating a person's eligibility for the reduced fare. If using a fare
medium issued solely for the use of a particular individual, proof of fare payment also includes an
identification document bearing a photographic likeness of the individual and demonstrating that
the individual is the person to whom the fare medium is issued.
(g) "Authorized transit representative" means the person authorized by the transit provider to
operate the transit vehicle, a peace officer, or any other person designated by the transit provider
as an authorized transit provider under this section.
History: 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; 2004 c 228 art 1 s 72;
2004 c 245 s 3,4