1997 Minnesota Statutes

     609.49 Release, failure to appear. 

    Subdivision 1.    Felony offenders.  A person charged 
 with or convicted of a felony and released from custody, with or 
 without bail or recognizance, on condition that the releasee 
 personally appear when required with respect to the charge or 
 conviction, who intentionally fails to appear when required 
 after having been notified that a failure to appear for a court 
 appearance is a criminal offense, is guilty of a crime for 
 failure to appear and may be sentenced to imprisonment for not 
 more than one year or to payment of a fine of not more than 
 $3,000, or both.  

    Subd. 1a.    Juvenile offenders.  (a) A person who 
 intentionally fails to appear for a juvenile court disposition 
 is guilty of a felony if: 

    (1) the person was prosecuted in juvenile court for an 
 offense that would have been a felony if committed by an adult; 

    (2) the juvenile court made findings pursuant to an 
 admission in court or after trial; 

    (3) the person was released from custody on condition that 
 the person appear in the juvenile court for a disposition in 
 connection with the offense; and 

    (4) the person was notified that failure to appear is a 
 criminal offense. 

    (b) A person who violates the provisions of this 
 subdivision is guilty of a felony and 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. 2.    Gross misdemeanor and misdemeanor offenders. 
  A person charged with a gross misdemeanor or misdemeanor who 
 intentionally fails to appear in court for trial on the charge 
 after having been notified that a failure to appear for a court 
 appearance is a criminal offense, is guilty of a misdemeanor.  

    Subd. 3.    Affirmative defense.  If proven by a 
 preponderance of the evidence, it is an affirmative defense to a 
 violation of subdivision 1, 1a, or 2 that the person's failure 
 to appear in court as required was due to circumstances beyond 
 the person's control. 

    Subd. 4.    Prosecution.  A violation of this section is 
 prosecuted by the prosecuting authority who was responsible for 
 prosecuting the offense in connection with which the person 
 failed to appear in court. 

    HIST: 1963 c 753 art 1 s 609.49; 1984 c 628 art 3 s 11; 1986 c 
 444; 1989 c 333 s 4; 1994 c 576 s 47,48