Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

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:
(A) 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; and
(B) in clause (10), means the placement of signs that:
(I) state "no trespassing" or similar terms;
(II) display letters at least two inches high;
(III) state that Minnesota law prohibits trespassing on the property; and
(IV) are posted in a conspicuous place and at intervals of 500 feet or less.
(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 one year 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;
(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; or
(10) enters the locked or posted aggregate mining 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 misdemeanor for a person to be on the roof of a public or nonpublic elementary,
middle, or secondary school building unless the person has permission from a school official to be
on the roof of the building.
(c) 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.
(d) It is a misdemeanor for a person to enter or be found on school property within one year
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).
(e) 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.
(f) 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.
History: 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; 2005 c 136 art 17 s 41,42

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569